Convention on women and child rights with recent case laws
Written By: Rani Priyanshu
Introduction
In India, there was a time when all people throughout over world on women’s education that it was not necessary to educate. Now at the present sin are you I realize that women and girls are also focused the girl’s child right is more important. So as women’s right and child right it is very important. At that time of the meduable period. The status of women that were the discrimination with sex, at the time there was too many cruel things which were attached with the women. After that, there was reform in Indian society in regard to rights and education. Finally, our Indian constitution comes into force after that the right of women for the protection for the self guard, for the status, for the dignity of women.
Another topic I will discuss the child right. There is hope for a better future for the child and for our society. Everyone has an equal capability to do everything and to achieve everything in our life, but at the recent time, there is a lack of capability or potential due to some imprisonment of their rights by their society. Children have them own the specific rights in our constitution and other laws that acknowledge their needs. Child rights are found by the treatise and international agreement, like in 1989. Convention on the right of the child is a very important agreement by the member of the united nation, protecting to promise children rights.
Women & children rights in our constitution and other convention
Women right in our constitution in India
In India, women’s rights are classified into two categories (a) constitutional rights (b)Legal right
Constitutional rights- I will discuss firstly the constitutional rights of women. Constitutional rights are those rights that it provides various provisions in our constitution.
Article 15 (1)- it cell discuss that the state should not differentiate against any people of India on the ground of sex.
Art- 15 (3)-under this article the state shall be empowered to make the special provision for women like to make affirmative discrimination in favor of women. It means that they can make positive rights and that can eliminate all the discrimination which is going to happen with the woman.
Article 16 (2)- under this article no citizen shall be discriminated against ineligible for any employment or office under the state on the ground of sex. Before coming force of Indian constitution what happen with the woman if they go in the employment purpose first priority was given to mainly because at that time men should be more efficient than women in the arms of basicity of doing Burke intelligent of mind and so more.
Article 23 (1)- under this article Indian constitution includes the traffic in human beings and forced labor are prohibited.
Article 39 (a)- under this article our state shall secure men and women’s rights equally to adequate means of livelihood. There are so many articles in our constitution that give the conditional right to a woman or children like Article 39(d)- this article stated that the state has to secure equal pay means equal salary & wages for equal work for both men and women.
Other rides include our Indian constitution, these are Article- 39(e)1, 422, 51-A(e)3, 243-D(3), 243-D(4), 243-T(4), 243-T(3).
Legal rights to women- legal rights are those rights that it is provided in the various laws (act) by the parliament and state legislation.
Examples:- (I) protection of women from domestic violence act,2005.
(II) immoral traffic prevention act,
1956
(III) indecent representation of women act, 1986
(IV) commission of soti prevention act, 1987
(V) dowry prohibition act, 1961
(VI) maternity benefit act, 1961
(VII) medical termination of pregnancy act, 1971
(VIII) preconception and prenatal diagnostic techniques act, 1994
(IX) equal remuneration act, 1976
(X) Dissolution of Muslim marriage act, 1939
(XI) Muslim women (protection of right on divorce) act, 1986
(XII) family court act, 1984
(XIII) Indian penal code,1860
(XIV) code of criminal procedure, 1973
(XV) Indian Christian marriage act, 1872
(XVI) Hindu marriage act, 1955
(XVII) Hindu succession act,1956, etc
Child Rights
Basically, the meaning of child rights is the rights of a comprehensive and internationally binding agreement on the right of children. It is adopted by the United nation General Assembly in 1989. In India, there is lots of children right for the purpose of the development of children girls or boys. There is some rise that will help to protect their right.
Geneva declaration of the rights of the child.
United Nation declaration of the rights of the child, 1948
United nation convention on the rights of the child, 1989- under this convention consists of 54 articles that set out children’s rights and how government should work them available to all children.
Fundamental convention on child labor.
Protection of children and young people.
The National Commission for protection of child right- it is a saturated body that was established in 2007 under the act of parliament and the commission for protection of child rights act, 2005. This right functions under the order of the ministry of women and child development. It ensures all laws and policies in the country with the right of children as by the Indian constitution as well as with the UN convention on the rights of the child. Convention of child rights have to be included (a) right to education 4 (b) right to be safe (c) right to play 5(d) right to be heard (e) right to be leisure.
A recent case on women and child rights convention.
Children’s rights cannot be guaranteed in any structure. it should reduce women’s status and discrimination against women and girls’ children. In the recent struggle time, I saw to realize that the human rights of women and children have much in common because historically women and children have been legally and socially disadvantaged. Also, gender-based discrimination is deeply embedded in childhood. Gender equality is Central to realizing children’s rights. Gender equality producers are at a double dividend for women & children, It benefits children and women. The benefit of sex non-discrimination beyond their direct impact on children. Gender equality will not only empower women to claim their own rights but will also assist all children families and communities in the development process. The Government of India has set a non-lapsable fund under the Nirbhaya fund framework for the safety and security of women. The ministry of women and child development is also making a scheme including ‘one-stop center’ violence-affected movement in our society, another scheme of ‘ women helpline center’ And ‘Mahila police volunteers’ for the safety of women and girls under the Nirbhaya fund framework.
Indian ministry has also launched various programs and schemes for reducing gender-related discrimination. The pradhan Mantri Matra Vandana yojana has been also launched the promote better involvement by providing cash incentives for the purpose of improvement of health and nutrition to pregnant women and locating matters. Another program launched by our prime minister Narendra Modi “Beti Bachao Beti Padhao” is to address the declining child sex ratio and the related issues of empowerment of girls and women.
Another scheme is “Mahila Shakti Kendra” which empowers rural women through community participation of student volunteers. There is another scheme that is the “ Ujjawala scheme” it is targeted for rescue rehabilitation and integration of women and child victims of trafficking. The government also recognizes the incidence of crime against women and children cannot control the mindset of a people. The Government of India conducts awareness of generating publicity and program campaigns on various laws relating to women and their ride through cultural event training advertisement electronic media etc.
Indian ministry also implementing ICDS scheme it addresses the need for child development and production. Recently Government of India launched samagra Shiksha scheme to equity babel quality education for the National child labor project is also being implemented to eliminate child labor.
Endnote
- Subs by the Indian constitution ( forty four Amendment)
- Subs by constitution remember that matter ( secure just & humane condition of work gor the women maternity relief).
- Subs by constitution 42th amendment
- Ins.by constitution (86th amendment) Art- 21A.
- By constitution (7th right)
Reference
Bare Act( constitution of India)
ijrcenter.org
en.m.wikipedia.org
Wellesley Centers for Women(Research ) Pin.gov.in
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