The Indian constitution accords rights to children as citizens of the country, and in keeping with their special status the State has even enacted special laws. The Constitution, promulgated in 1950, encompasses most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy.

 

Over the years, many individuals and public interest groups have approached the apex court for restitution of fundamental rights, including child rights. The Directive Principles of State Policy articulate social and economic rights that have been declared to be “fundamental in the governance of the country and … the duty of the state to apply … in making laws” (Article 37). The government has the flexibility to undertake appropriate legislative and administrative measures to ensure children’s rights; no court can make the government ensure them, as these are essentially directives.

 

These directives have enabled the judiciary to give some landmark judgements promoting children’s rights, leading to Constitutional Amendments as is in the case of the 86th Amendment to the Constitution that made Right to Education a fundamental right.