Constitutional Protection of Children

The Constitution protects children through Fundamental Rights, child-specific safeguards, developmental duties of the State and a duty placed on parents or guardians. It combines enforceable guarantees against discrimination, exploitation and educational deprivation with Directive Principles promoting nutrition, care and dignified development.

Equality, dignity and special protection

Children enjoy the general guarantees of equality before law under Article 14 and life and personal liberty under Article 21. In addition, Article 15(3) expressly permits the State to make special provisions for children, thereby constitutionally enabling protective and affirmative measures.

Education and freedom from exploitation

• Article 21A requires the State to provide free and compulsory education to every child aged 6-14 years, in the manner determined by law.
• Article 23 prohibits trafficking in human beings, begar and other similar forms of forced labour, protections that extend to children.
• Article 24 prohibits employing a child below 14 years in a factory, mine or any other hazardous employment.

Developmental duties of the State

These Directive Principles are not judicially enforceable, but Article 37 makes them fundamental in governance and requires the State to apply them in making laws.

• Article 39(e) directs the State to ensure that the tender age of children is not abused.
• Article 39(f) requires opportunities and facilities for healthy development in freedom and dignity, and protection against exploitation and moral or material abandonment.
• Article 45 directs the State to provide early childhood care and education until children complete six years of age.
• Article 47 makes improvement of nutrition and public health a primary duty of the State, supporting children's development.

Responsibility of parents and guardians

Under Article 51A(k), every parent or guardian has a Fundamental Duty to provide educational opportunities to a child or ward aged 6-14 years. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21A, revised Article 45 and added this duty.