Constitutional Safeguards For Children In India: An Analytical Study Of Rights, Protection And Social Justice
Piyush Lande, LLM, Department of Law, Shri. Navalmal Firodia Law College, Pune
ABSTRACT
The constitutional safeguards for children in India recognise childhood as a stage requiring special protection, care, development and participation. Children are entitled to equality, dignity, education and protection from exploitation, abuse and neglect. The Constitution provides direct protection through Fundamental Rights and Directive Principles of State Policy, while Article 15(3) permits special provisions for children. Article 21 protects life and personal liberty and supports the constitutional guarantee of dignity. Article 21A guarantees free and compulsory education to children between six and fourteen years. Article 24 prohibits employment of children below fourteen years in factories, mines or hazardous employment, while Articles 39(e) and 39(f) direct the State to protect children against abuse and exploitation and to secure opportunities for healthy development in conditions of freedom and dignity.
The statutory framework supplements these guarantees through laws dealing with education, sexual offences, child labour, child marriage, juvenile justice and child rights institutions. Judicial decisions have developed principles of dignity, rehabilitation and the best interests of the child. The article examines these safeguards, their role in social justice, and challenges such as poverty, discrimination, exploitation, trafficking and weak implementation. It concludes that meaningful child protection requires effective enforcement, accessible remedies and institutional accountability.
Keywords: Child Rights, Constitutional Safeguards, Child Protection, Social Justice, Child Development.
