Articles related to Children in Constitution of India

At present, there are five articles in the constitution of India which have Children as their special focus. These articles are Article 21A, 24, 39 & 45 and 51A (k). Thus special provisions for children find place in our constitution in Fundamental Rights, Directive Principles as well as Fundamental Duties.

• Article 21A: The Right to Education inserted in constitution via 86^th amendment act.
• Article 24: No child below the age of 14 years shall be employed to work in any factory or mine or engaged in hazardous employment.
• Article 39 (f): The State shall, in particular, direct its policy towards securing—
• (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
• Article 45 : The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
• Article 51A (k): who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

The 86th amendment Act 2002 had amended Fundamental Rights, Directive Principles as well as Fundamental Duties as follows:

Fundamental Rights

A new article 21-A was inserted which says that  state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine”

Change in DPSP:

Article 45 was changed and it now states that “State shall endeavor to provide early childhood care and education for all children until they complete the age of six years“.

Fundamental Duties

A clause under article 51-A as 51-A (k) was added which says “who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”.

As per the above amendments, the 86^th Amendment Act came up with the following:

• It made Right to Education a Fundamental Right for Children from Age 6-14.
• It made education for all children below 6 years a Directive Principle for State Policy (DPSP).
• It made the opportunities for education to child a Fundamental duty of the parents of the children.

Thus, RTE act gives a constitutional guarantee that every child of the age group of 6-14 years shall have right to free and compulsory Education. No child is liable to pay any kind of fee/ capitation fee/ charges. A collection of capitation fee invites a fine up to 10 times the amount collected. This right includes the rights of disadvantage groups including physically handicapped children also. Kindly note that the Madarsas & Vedic Pathshalas have been clearly kept out of the purview of RTE act.