Development Rights

The Preamble of the United Nation’s Convention on the Rights of Child recognizes the right to development of a child and states “the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding”  

The convention mentions in:-

Article 27

“1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.”

In India children are prone to malnutrition which severely affects their mental and physical growth. To ensure proper development of a child the government of India developed The National Food Security Act or The Right to Food Act. This Act includes Mid-Day meal scheme, Integrated Child Development Services scheme and Public Distribution Scheme. According to this Act children upto the age of 14 are entitled to nutritious meals as prescribed by nutritional standards.

There are social issues in India which hinders all-round development of a child both male and female. One such social evil is child marriage which is deeply rooted in Indian society. The Prohibition of Child Marriage Act, 2006 ensure that no male below the age of twenty and no female below eighteen should be tied in the contract of marriage. This ensures every time to fully develop mentally, physically and morally.

 “2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.”

Article 18

1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.

The Right of Children to Free and Compulsory Education states that it is the responsibility of parents to send their children( 0-6yrs) in school or participate in Early Child Care and Education (ECCE) programmes and appropriate government to provide pre-primary education to children (3-6yrs)

Since education is the primary requirement for the development of child so-

Article 29         

“(1). States Parties agree that the education of the child shall be directed to:

      
(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

   (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations

   
       (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own

        (e) The development of respect for the natural environment.”

To dominantly implement the United Nations’ Convention regarding development of children the Government of India drafted and amended The Right of Children to Free and Compulsory Education in 2009. The main purpose of this act is to outline the provision for quality education for all children between the ages of 6 to 14.

Article 28

“(1). States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

The convention even has recognized the Right to Development for children with physical disabilities or in conflict with the law and as follows respectively.”

Article 23

“(3). Recognizing the special needs of a disabled child, the State shall provide services free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.”

The Chapter two of The Right of Children to Free and Compulsory Education calls for equal opportunities for disabled children.

According to chapter V of Persons with Disability Act, children with disability should be provided free education by appropriate government.

Article 40

“(4). A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.”

Disclaimer: The above information are as per UNCRC