CONSTITUTIONAL AND JUDICIAL RESPONSE IN PROTECTION OF CHILDREN FORM SEXUAL ABUSE

Abstract

Every person’s childhood is a crucial period of life since the experiences that occur there could influence them for the rest of their lives. Every child should have a happy childhood, be safeguarded to live a healthy and satisfying life, and have a relationship that is steadfast and nurturing in order to provide behavioural and educational advantages for their physical and mental well-being that last a lifetime.[1]

Although the Indian Constitution does not define the term ‘child,’ it’s framers understood that children needed special care and treatment due to their mental and physical immaturity, which is reflected in several of its articles. For example, art. 15(3) (hereinafter referred as art.) gives the authority to make specific rules for children, and art. 24 forbids the employing of children under the age of fourteen in hazardous jobs or factories. This undoubtedly demonstrates the care for the safety and well-being of Indian youngsters.

Art. 39(e) of the Constitution states that “the State shall direct that health and strength of workers, men and women, and tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age and strength.” This is because children are the nation’s future and assets. Additionally, art. 39(f) addresses the protection of childhood and youth from various forms of exploitation as well as material and moral abandonment, as well as the provision of opportunity and facilities for children to grow in a healthy way and under conditions of dignity and liberty.

According to art. 45, the state must work to ensure that all children get free, obligatory education until they turn fourteen within ten years of the Constitution’s adoption.

The welfare of children is seen as vital in all civilised societies, and the state cannot ignore the child, who is the most precious resource in the country. The state must take all essential measures to ensure children’s healthy growth and development. As a result, the Indian Constitution and other laws that comply with international standards and laws include certain particulars for the protection, welfare, and general development of children in order to enable them to exercise their fundamental human rights and to shield them from exploitation and abuse.

[1] National Scientific Council on the Developing Child, Young children develop in an environment of relationships. Cambridge, MA: National Scientific Council on the Developing Child; 2004. Working Paper No. 1, available at: http://developingchild.harvard.edu/library/reports_and_ working_papers/wp1/ (visited on 10 January 2025).