A RIGHT OF STREET CHILDREN-A SOCIO-LEGAL ISSUE

AUTHOR – ADITYA CHAUDHARY, STUDENT AT JEMTEC SCHOOL OF LAW, AFFILIATED TO GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY, DWARKA NEW DELHI.

Best Citation – ADITYA CHAUDHARY, A RIGHT OF STREET CHILDREN-A SOCIO-LEGAL ISSUE, ILE FORFIX (ILE FORFIX), 1 (1) of 2023, Pg. 20-32, APIS – 3920 – 0038 | ISBN – 978-81-964391-3-2.

ABSTRACT

In India, a large number of children are tragically denied their fundamental human rights, compelled to engage in labour instead of receiving an education. These children often referred to as “street children,” find themselves in this situation due to the loss of their families or other unfortunate circumstances. Despite the Constitution of India guaranteeing rights for all, a significant portion of the country’s children continue to be deprived of their basic human rights. These vulnerable children are unable to advocate for themselves or are simply unaware of their rights. However, various international conventions and declarations on child rights emphasize the commitment of the global community to providing essential human rights to every child. At the national level, numerous legislations aim to improve the conditions for children and protect them from exploitation. This article seeks to delve into the underlying causes of streetism, examine the specific challenges faced by street children, and critically analyse the effectiveness of the legal framework both nationally and internationally in safeguarding the rights of these children. It presents data highlighting the dire circumstances endured by street children and explores the roles of the judiciary, non-governmental organizations (NGOs), and the police in protecting their rights. Furthermore, the article endeavours to identify potential measures to address the issues faced by street children, ensuring the guarantee of their human rights and providing them with the necessary support and nurturing environment for their holistic development. India, renowned for its rich traditions, history, architecture, and diverse culinary delights, is unfortunately also plagued by the pervasive issue of poverty. Poverty is an ever-present reality in the lives of a vast majority of Indian citizens, with little indication of it being eradicated. The plight of street children, intimately connected to poverty, is a significant socio-legal issue that has persisted throughout the country’s history, seemingly impervious to the existing legislative framework. This article aims to shed light on this pressing matter, emphasizing the urgent need for comprehensive and effective measures to protect the rights of street children. By examining the various perspectives of Child Protection Law, Directive Principles, Fundamental Rights, and Human Rights under the Indian Constitution, as well as relevant legislation such as the Juvenile Delinquency Act, a comprehensive understanding of the complexities surrounding the issue can be attained. The study will specifically focus on the different categories of street children and the numerous hardships they endure on a daily basis. Additionally, it will explore the various legislative efforts in India aimed at safeguarding the rights of street children and highlight the roles played by NGOs and other organizations in protecting them from exploitation. Finally, the article will propose potential steps that can be taken to ensure the effective implementation of laws protecting the rights of street children. It is imperative to prioritize the well-being of these vulnerable children, providing them with the necessary support and creating an environment conducive to their growth and development. Only through concerted efforts at both the legal and societal levels can their fundamental rights be safeguarded, offering them hope for a better future.

Keywords – Constitutional, Human rights, International, Country, Road