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Jurisprudential Trajectory On Evolution Of Child Rights In India Through The Ages




Priyamvada Shukla, Research Scholar, Faculty of Law, University of Lucknow


ABSTRACT


This research paper overlook on the jurisprudential trajectory of rights of child across India, tracing its difficult from present digital world . The study seeks to explore and assess the historical evolution, current state, and continuing obstacles in the realization of child rights in India, particularly emphasis on health, survival, development, protection against exploitation, adoption, and justice. Post-Independence India marked a transformative shift towards a rights-based approach. During the Colonial era, British common law was introduced to India, accompanied by early legislations like the Apprentices Act of 1850 and the Child Marriage Restraint Act of 1929. Although these statutes offered some protections, they were paternalistic and did not acknowledge children as autonomous rights-holders.


Despite significant progress and a clear judicial trend towards strict statutory interpretation, child centred justice, procedural efficiency, and victim dignity, challenges persist. These include high rates of malnutrition, child labour, trafficking, child marriage, and issues related to access to quality education and mental health. The primary issue is ineffective implementation of existing laws, schemes, and programmes. This necessitates strengthened enforcement mechanisms, robust awareness campaigns, and cohesive inter- agency collaboration to aim that children, as the India’s most valuable human capital and future, can thrive and realise their full potential.


Keywords: Child rights, child welfare, child advocacy, human rights, child protection, child labour, child development.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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