Our Constitution makes it imperative for the State to secure to all its citizens the rights guaranteed to them. Article 15 of the Constitution of India prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. This prohibition, however, does not prevent the State from making any special provision for women and children. Similarly, Article 39 directs the State to frame a policy to protect the children of tender age. It further provides that the children should be given opportunities and facilities to develop in a healthy manner and under conditions of freedom and dignity. The mandate to protect children goes further and provides under Article 45 that the State shall endeavor to provide early childhood care and education for all children until they attain the age of six years. The penal laws in India also protect the child under twelve years of age of immature understanding. Section 82 of the Indian Penal Code provides immunity from criminal prosecution to a child under seven years of age. A child under twelve years of age is also protected under General Exceptions under section 83 which provides that a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his act on that occasion, shall not be liable for committing any crime. The Supreme Court recognized the concept of parens patriae in “Mahant Ram Saroop Dasji v. S.P. Sahi & Ors.”. The parens patriae jurisdiction recognizes the need to act for the protection of those who cannot care for themselves. As seen above, this jurisdiction is exercised in the best interest of the person who cannot protect or defend himself. The State takes upon itself a duty to save a child from becoming a criminal and to spend his early years in jail with stigma and disgrace. The State takes the role of parens patriae to shield a child from the consequences of a career of waywardness. Wherever the children are not in a position to secure their rights, the State comes into the picture and protects the rights of the children. In “Sheela Barse (II) & Ors. v. Union of India & Ors.” The court held it as the duty of the State to look after the children and ensure full development of their personality. The National Policy for the Welfare of Children which was first adopted in 1974 declared that :
“The nation’s children are a supremely important asset. Their nurture and solicitude are our responsibility. Children’s programmes should find a prominent part in our national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skill and motivations needed by society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our large purpose of reducing inequality and ensuring social justice”.
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