DEVELOPMENT OF LEGAL FRAMEWORK FOR PROTECTION OF CHILDREN IN INDIA

Abstract

  Homo sapiens, which biologically fall between the stages of birth to the age of puberty are known as child. Even some times fetus is also considered as a child. The term “age of puberty” varies from community to community some considered it to be 18 while others considered to be 15. Puberty in some culture comes quietly with biological changes while in some it has been celebrated and declared ritually. To remove the confusions law has defined the age when any person will be considered as major and it is up to the age of legal puberty person is considered to be a child and need special care and protection notwithstanding anything contained in personal laws. 

The concept of rights of the child is not much older. In middle age, children were not considered to be separate individuals and they merely have to copy adults in their daily lives. Special needs of the child were not recognised. In the 19th century after the industrial revolution the large work force was needed and the child emerges as the easy solution to the requirement. It was also cost effective. Gradually this leads to deteriorating working environment for them. Their rights were not defined and they do work according to wimps of their employer only. Employers were interested only in profit making. All this lead to child exploitation and bonded child labour. Continues exploitation of children made many scholars to raise voices against child atrocities. France taking lead in the middle of the 19th century gave special protections to the child, for the development of child rights. This was the very first attempt to recognise the rights of the child.