1. Chid Rights
2. Some of the most important rights to children
3. Women’s rights
4. Women-specific legislation
5. Women-related legislation
6. Some of the most important rights to women
Child Rights :
Includes the children’s rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992, [Section 2(b), Commissions for Protection of Child Rights Act, 2005 (India)].
》Some of the most important rights to children:The Right to and Identity(Article 7 AND 8)
• Children are entitled to a name, legally registered with the government, and a nationality (to belong to a country).
• Further, they must have the right to an identity, in the form of a public record. This ensures national support, as well as access to social services.The Right to Health (Article 23 AND 24)
• Medical care, nutrition, protection from harmful habits (including drugs) and safe working environments are covered under the right to health, and articles 23 and 24 enumerate access to special care and support for children with special needs, as well as quality health care (including drinking water, nutrition, and a safe environment) respectively.The Right to Education (Article 28)
• Right to free primary education is critical for helping children develop discipline, life skills while finding a safe and healthy environment to nurture a child’s physiological development. This includes freedom from violence, abuse or neglect.The Right to a Family Life (Articles 8, 9, 10, 16, 20, 22 and 40)
• If not family members, then children have the right to be looked after by caretakers. Children must live with their parents until it is harmful to them.
• However, ‘family reunification’, i.e. permission for family members living in different countries to travel to renew contact between family members is critical. Under the ward of a caretaker or family, they must be provided privacy against attacks on their way of life and personal history.
• Children who do not have access to a family life, have a right to special care and must be looked after properly, by people who respect their ethnic group, religion, culture and language.
• Refugee children have a right to special protection and help. In the case of misdemeanours, children have the right to seek legal counsel under a juvenile justice mechanism, with the fair and speedy resolution of proceedings.The Right to be protected from violence (Article 19 and 34)
• Protection from violence extends even to family members, and children must not suffer ill-treatment or sexual or physical violence.
• This includes use of violence as a means of discipline. All forms of sexual exploitation and abuse are unacceptable, and this Article takes into view the sale of children, child prostitution and child pornography. The Right to an opinion (Article 12 and 13)
• All children deserve the right to voice their opinions, free of criticism or contempt. In situations where adults are actively deciding upon choices on behalf of children, the latter are entitled to have their opinions taken into consideration. While children’s opinion may not be based on facts, it is nonetheless an important source of insight for parents, and should be considered. However, this depends on the child’s level of maturity and age.
• Children have the freedom of expression, as long as they are not harming others with their opinions and knowledge. The Right to be protected from armed conflict (Articles 38 and 39)
• Armed conflict converts innocent children into refugees, prisoner, or participants in armed conflicts, and these are all circumstances which contravene with the spirit of War or any armed struggle can severely damage a child’s morale as well as perceptions of ethics, and this must be corrected in a nurturing safe environment. While seeking to rehabilitate children affected by war, the government must also ensure that children are not forced to participate in any armed struggle. The Right to be protected from exploitation (Articles 19, 32, 34, 36 and 39)
• As exploitation is usually achieved through violent means, protection from violence is critical for freeing children from exploitation.
• This extends to abuse, negligence and violence by parents, even if it is justified as an instrument of achieving discipline at home. Further, children cannot be made to work in difficult or dangerous conditions.
• Children can only volunteer to work doing safe chores that do not compromise their health, or access to education or play. Sexual exploitation, another dimension of exploitation, is also prohibited, as an activity that takes advantage of them. Survivors of neglect, abuse and exploitation must receive special help to enable recovery and reintegration into society. Children also cannot be punished cruelly, even if it is under the ambit of the justice system. Death or life sentences, as well as sentences with adult prisoners, are not permitted.
Women’s rights :
Rights that promote a position of legal and social equality of women with men.
WOMEN-SPECIFIC LEGISLATION :
• The Immoral Traffic (Prevention) Act, 1956
• The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)
• The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
• Protection of Women from Domestic Violence Act, 2005
• The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013
• The Criminal Law (Amendment) Act, 2013
• The Indecent Representation of Women (Prohibition) Act, 1986
• The Indian Penal Code,1860
• The Indian Evidence Act,1872
》Some of the most important rights to women:
• Right to maintenance
1. Maintenance includes the basic necessities of life like food, shelter, clothes, education, health care facilities etc. A married woman is entitled to get maintenance from her husband even after her divorce till she doesn’t remarry.
2. Maintenance depends on the standard of living of the wife and circumstances and income of the husband.
3. Section 125 of the Code of Criminal Procedure, 1973, puts an obligation on the husband to maintain her divorced wife.
4. The Hindu Marriage Act, 1955 also facilities maintenance but to Hindu women only. Whereas, the Dissolution of Muslim Marriage Act, 1939 covers only Muslim woman.
• Right to equal pay
1. We now have gender neutral laws. A male and a female is entitled to the same pay for the same work.
2. The Equal Remuneration Act provides for the same.
• Right to dignity and decency
1. Dignity and decency are women’s personal jewels. Anybody who tries to snatch and disrobe her modesty is considered a sinner and law very well entails its punishment.
2. Every woman has the right to live in dignity, free of fear, coercion, violence and discrimination. Law very well respects women’s dignity and modesty.
3. The criminal law provides for the punishments for offences committed against women like Sexual Harassment (Sec. 354A), assault with intent to disrobe her (Sec. 354B) or to outrage her modesty (Sec. 354), Voyeurism (Sec. 354C), Stalking (354D) etc.
• Right against domestic violence
1. Every woman is entitled to the right against Domestic Violence with her by virtue of the enactment of the Protection of Women from Domestic Violence Act in 2005.
2. Domestic Violence includes within its ambit not only Physical abuse but also mental, sexual and economic abuse.
• Right against dowryDowry system i.e. giving and taking of dowry by bride or bridegroom or by their parents at, before or after the marriage is penalized by Dowry Prohibition Act, 1961.
• Right to free legal aidIf you are an aggrieved woman, you are entitled to claim free legal services from the legal services authorities recognized under the Legal Services Authorities Act, 1987 irrespective of whether you can afford legal services on your own.
The media plays a very crucial role in safeguarding and protecting the human rights for the women and children of India. It is because of media that the women and children have learnt about their human rights, violation of human rights and protection of human rights. Although looking into the current scenario, the challenges and the not-so-good events occurring daily with children and women all over the country, there is a requirement of looking into the current media structure, media working and the developmental issues in context to media. The greed that has developed in the recent past has actually abolished the main reason of the existence of media which should be curbed as soon as possible.
[Section 2(b), Commissions for Protection of Child Rights Act, 2005 (India)].
Fundamentals of Child Rights in India
Eight most important rights every Indian woman should know about
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