This document discusses the rights of special groups in India including children, women, people living with HIV/AIDS, the disabled, and older people. It outlines several important constitutional provisions and legal acts that protect the rights of these groups, including the rights to equality, education, employment, health, and freedom from abuse and exploitation. It also discusses specific rights for each group such as children's rights to nutrition, development, and protection from child labor.
25. The right to Education:
• 50% of Indian children aged 6-18 do not go to
school
• Dropout rates increase alarmingly in class III to
V, its 50% for boys, 58% for girls.
26. The right to Expression:
• Every child has a right to express himself freely
in which ever way he likes.
• Majority of children however are exploited by
their elders and not allowed to express.
27. The right to Information:
• Every child has a right to know his basic rights
and his position in the society.
• High incidence of illiteracy and ignorance among
the deprived and underprivileged children
prevents them from having access to information
about them and their society.
28. The right to Nutrition:
• More than 50% of India's children are
malnourished. While one in every five
adolescent boys is malnourished, one in every
two girls in India is undernourished.
29. The right to Health & Care:
• 58% of India's children below the age of 2 years
are not fully vaccinated.
• And 24% of these children do not receive any
form of vaccination.
• Over 60% of children in India are anemic. 95 in
every 1000 children born in India, do not see
their fifth birthday.
• 70 in every 1000 children born in India, do not
see their first birthday.
30. The right to protection from Abuse:
• There are approximately 2 million child
commercial sex workers between the age of 5
and 15 years and about 3.3 million between 15
and 18 years.
• They form 40% of the total population of
commercial sex workers in India.
• 500,000 children are forced into this trade every
year.
31. The right to protection from
Exploitation:
• 17 million children in India work as per official
estimates. A study found that children were sent
to work by compulsion and not by choice,
mostly by parents, but with recruiter playing a
crucial role in influencing decision. When
working outside the family, children put in an
average of 21 hours of labour per week.
32. • Poor and bonded families often "sell" their
children to contractors who promise lucrative
jobs in the cities and the children end up being
employed in brothels, hotels and domestic work.
• Many run away and find a life on the streets.
33. The right to protection from
Neglect:
• Every child has a right to lead a well protected
and secure life away from neglect. However,
children working under exploitative and inhuman
conditions get neglected badly.
34. The right to Development:
• Every child has the right to development that lets
the child explore her/his full potential.
Unfavourable living conditions of underprivileged
children prevents them from growing in a free
and uninhibited way.
35. The right to Recreation:
• Every child has a right to spend some time on
recreational pursuits like sports, entertainment
and hobbies to explore and develop. Majority of
poor children in India do not get time to spend
on recreational activities.
36. The right to Name & Nationality:
• Every child has a right to identify himself with a
nation. A vast majority of underprivileged
children in India are treated like commodities
and exported to other countries as labour or
prostitutes.
37. The right to Survival:
• Of the 12 million girls born in India, 3 million do
not see their fifteenth birthday, and a million of
them are unable to survive even their first
birthday. Every sixth girl child's death is due to
gender discrimination.
38. Declaration of
the Rights of the Child in USA
• All children have the right to what follows, no
matter what their race, colour sex, language,
religion, political or other opinion, or where they
were born or who they were born to.
• You have the special right to grow up and to
develop physically and spiritually in a healthy
and normal way, free and with dignity.
39. • You have a right to a name and to be a
member of a country.
• You have a right to special care and protection
and to good food, housing and medical
services.
• You have the right to special care if
handicapped in any way.
40. • You have the right to love and understanding,
preferably from parents and family, but from the
government where these cannot help.
• You have the right to go to school for free, to
play, and to have an equal chance to develop
yourself and to learn to be responsible and
useful.
• Your parents have special responsibilities for
your education and guidance.
41. • You have the right always to be among the first
to get help.
• You have the right to be protected against cruel
acts or exploitation, e.g. you shall not be
obliged to do work which hinders your
development both physically and mentally.
42. • You should not work before a minimum age
and never when that would hinder your health,
and your moral and physical development.
• You should be taught peace, understanding,
tolerance and friendship among all people.
44. • The status of women in India has been
subject to many great changes over the past
few millennia.
• In modern India, women have adorned
high offices in India including that of the
President, Prime minister, Speaker of the Lok
Sabha, Leader of Opposition, etc.
RIGHTS OF WOMEN
45. IMPORTANT CONSTITUTIONAL AND
LEGAL PROVISIONS FOR WOMEN IN
INDIA
• The status of women in India has been
subject to many great changes over the past
few millennia.
• In modern India, women have adorned
high offices in India including that of the
President, Prime minister, Speaker of the Lok
Sabha, Leader of Opposition, etc.
46. The Constitution of India not only grants
equality to women but also empowers the
State to adopt measures of positive
discrimination in favour of women.
•
Fundamental Rights prohibits
discrimination against any citizen on
grounds of religion, race, caste, sex or place
of birth, and guarantee equality of
opportunity to all citizens in matters relating
to employment.
CONSTITUTIONAL PROVISIONS
47. Constitutional Privileges
Equality for women (Article 14)
The State not to discriminate against any citizen
on grounds only of religion, race, caste, sex, place
of birth (Article 15)
The State to make special provision in favour of
women and children (Article 15)
Equality of opportunity for all citizens in
matters relating to employment or appointment to
any office under the State (Article 16)
48. To promote justice, on a basis of
equal opportunity and to provide
free legal aid by suitable legislation
or scheme (Article 39 )
The State to make provision for
securing just and humane
conditions of work and for maternity
relief (Article 42)
49. The State to raise the level of
nutrition and the standard of living
of its people (Article 47)
To promote harmony and the spirit
of common brotherhood amongst all
the people of India and to renounce
practices derogatory to the dignity
of women (Article 51)
50. Not less than one-third of the total
number of seats to be filled by direct
election in every Panchayat,
Municipality to be reserved for
women (Article 243 )
51. To uphold the Constitutional mandate, the
State has enacted various legislative measures
intended to ensure equal rights, to counter
social discrimination and various forms of
violence and atrocities and to provide support
services especially to working women.
Although women may be victims of any of the
crimes such as 'Murder', 'Robbery', 'Cheating'
etc, the crimes, which are directed specifically
against women, are characterized as 'Crime
against Women'.
LEGAL PROVISIONS
52. Rape (Sec. 376 IPC)
Kidnapping & Abduction for different purposes
( Sec. 363-373)
Homicide for Dowry, Dowry Deaths or their
attempts (Sec. 302/304-B IPC)
Torture, both mental and physical (Sec. 498-A IPC)
Molestation (Sec. 354 IPC)
Sexual Harassment (Sec. 509 IPC)
Importation of girls (up to 21 years of age)
The Crimes Identified Under the Indian
Penal Code (IPC)
53. The Employees State Insurance Act, 1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956 with amendment
in 2005
Immoral Traffic (Prevention) Act, 1956
The Maternity Benefit Act, 1961 (Amended in
1995)
Dowry Prohibition Act, 1961
The Crimes identified under the Special
Laws (SLL)
54. The Medical Termination of Pregnancy Act, 1971
The Contract Labour (Regulation and Abolition)
Act, 1976
The Equal Remuneration Act, 1976
The Prohibition of Child Marriage Act, 2006
The Criminal Law Act, 1983
The Factories Act, 1986
Indecent Representation of Women (Prohibition)
Act, 1986
Commission of Sati (Prevention) Act, 1987
The Protection of Women from Domestic Violence
Act, 2005
The Employees State Insurance Act, 1948
55. National Commission
for Women
Reservation for Women
in Local Self -Government
The National Plan of
Action for the Girl Child
(1991-2000)
National Policy for the
Empowerment of Women,
2001
SPECIAL INITIATIVES FOR WOMEN
56. People living with HIV and AIDS have been
discriminated throughout the world.
So, to reduce these disparities and violating
acts some rights have been laid down bythe
government and made the part of constitution to
protect them
RIGHTS OF HIV
57. People with HIV
infection/AIDS have same
basic rights &
responsibilities like:
1. Liberty, autonomy,
security of the person
and freedom of
movement.
2. HIV testing
RIGHTS OF HIV
58. 3. Confidentiality and privacy
4. Health and support services, public benefits,
medical schemes and insurance.
5. Education on HIV and AIDS.
6. The responsibility of media.
7. The right of safer sex
8. The right of prisoners
9. Duties of persons with HIV or AIDS.
59. Persons with disabilities face discrimination and
barriers that restrict them from participating in society
on an equal basis with others every day
Disabled have however, remained largely
‘invisible and unable to enjoy the full range of human
rights.
In recent years, there has been a revolutionary
change in approach, globally, to close the protection
gap and ensure that persons with disabilities enjoy the
same standards of equality, rights and dignity as
everyone else.
RIGHTS OF HANDICAP
60. 1. General legal provisions
2. The disabled and the constitution
3. Education Law for the Disabled
4. Health Laws
5. Family Laws
6. Succession Laws for the Disabled
7. Labour Laws for the Disabled
8. The rights of the disabled
9. Judicial procedures for the disabled
10. Income Tax Concessions
LEGAL RIGHTS OF THE DISABLED IN
INDIA
61. 11. The persons with disabilities (equal opportunities,
protection of rights and full participation) act, 1995
Prevention and early detection of disabilities
Education
Employment
Affirmative Action
Non-Discrimination
Research and Manpower Development
Social Security
Grievance Redressal
The Mental Health Act, 1987
The Rehabilitation Council of India Act, 1992
The national trust for welfare of persons with autism,
cerebral palsy, mental retardation and multiple
disabilities act, 1999
62. The mentally retarded person has, to the maximum
degree of feasibility, the same rights as under human
beings.
The mentally retarded person has a right to proper
medical care
Right of economic security
Whenever possible, the mentally retarded person
should live with his own family or with his foster
parents and participate in different forms of community
life. The family with which he lives should receive
assistance.
UN Declaration on the Rights of Mentally
Retarded Persons
63. The mentally retarded person has a right to a
qualified guardian
The mentally retarded person has a right to get
protection from exploitation, abuse and a degrading
treatment
Whenever mentally retarded persons are unable to
exercise their rights in a meaningful way or it should
become necessary to restrict or deny some or all of
their rights
64. The Bill replaces the Persons with Disabilities
Act, 1995. Instead of seven disabilities specified in
the Act, the Bill covers 19 conditions.
Persons with at least 40% of a disability are entitled
to certain benefits such as reservations in education
and employment, preference in government schemes,
etc.
The Bill confers several rights including disabled
friendly access to all public buildings, hospitals, modes
of transport, polling stations, etc.
The Right of Persons with Disabilities Bill,
2014
65. In case of mentally ill persons, district courts may
award two types of guardianship: a limited guardian &
plenary guardian .
Violation of any provision of the Act is punishable
with imprisonment up to six months, and/or fine of Rs
10,000. Subsequent violations carry a higher penalty.
67. HUMAN RIGHTS ACT 1998:
• Right to life
• Right not to be subjected in
human treatment
• Right to a fare hearing
• Right to respect for home, family
and private life
68. • Right to freedom of thought,
conscience and religion
• Right not to be discriminated
• Right to property
• Right to education
69. RESEARCH ABSTRACT
An Analytical Study was conducted on Rights of
Children and the Constitution of India by Jyotiraj
Pathak ,Bodoland University, Assam, India, on March
2012. The Constitution of India has been an
outstanding document for protecting the rights and
interest of its citizen. Fundamental Rights and the
Directive Principles of State Policy to the present day
judicial activism, our Constitution has been trying its
best to protect the interest of the children.
70. However, in spite of all the constitutional, legal and
institutional provisions rights of children are being
violated in India. Child labour is an issue where rights
of children are widely violated. Constitutional
provisions like justice, equality, liberty, and the
fundamental rights have failed to protect the interest
and rights of children and specially the poor child
labourer. It is in this context that the present paper is
going to analyse the situation of child labourer vis-à-
vis Indian constitution. At the same time the paper will
also attempt to have a deeper insight on the status of
child labour and constitutional response to it.
71. REFERENCES
• BOOK
• Sakharkar BM.Principles of Hospital Administration and Planning.
4th edition. NewDelhi : Jaypee Brothers Publishers(P) LTD;2006
• Basavanthappa B.T. Nursing Administration. 2nd edition. Jaypee
brothers. Delhi . 2009
• Mrs.Joglekar . S. Kamal. Hospital Ward Management Professional
Adjustments and Trends In Nursing.2nd edition.Bombay:Vora
Medical Publications;1993
• Francis.C.M, Mario C De Souza. Hospital Adminisration.3rd edition.
NewDelhi : Jaypee Brothers Publishers(P) LTD;2004
• Sharma Madhuri.Hospital Waste Management and its
Monitoring.2nd edition. NewDelhi : Jaypee Brothers Publishers(P)
LTD;2005
• Goel. S.L, Kumar. R. Hospital Administration And Management.2nd
edition.New Delhi:Deep & Deep Publications;2000
• Jean Barrett.Ward Management and Teaching.9th edition.Delhi:
Konark Publishers PVT LTD; 1997
72. • JOURNAL REFERENCES
• Goodhand, J. and D. Hulme (1999), From Wars to
Complex Political Emergencies: Understanding
Conflict and Peace-building in the New World
Disorder, Third World Quarterly, 20 (1): 13-26.
• UNAIDS/IPU (1999) Handbook for legislators on
HIV/AIDS, law and human rights: action to combat
HIV/AIDS in view of its devastating human,
economic and social impact. Geneva, Switzerland.
HIV - Related Stigma, Discrimination and Human
Rights Violations.
• Margret. M. paul. Child discipline. International
journal for children research. Jan 1988.vol 2.
Available from net.
73. • MAGAZINE REFERENCE
• Our Rights.Year 6/No-3/March 2015, Nyay Darshan Publication,
Page No-19-30
• Our Rights. Year 7/Np.8/ August 2015/Nyay Darshan Publication
P.N0 17-26
• NET REFERENCE
• http://devakijain.com/pdf/jain_childrensrights.pdf
• International Federal of Red Cross and Red Crescent Societies
and Francois-Xavier Bagnoud Center for Health and Human
Rights. The public health-human rights dialogue. In: AIDS, Health
and Human Rights: an Explanatory Manual. Boston: 1995.
WHO/UNAIDS. Partner Notification and Disclosure of HIV and/or
AIDS Serostatus to Others. Geneva: June 1999.
• http//www.right of vilnerable group.com
• http//www.google.pubmed.com
• http//www.google.research online.com
•
