Shiv Kumar Padha
Before attaining adulthood, a child passes through many stages like baby hood, early child hood and adolescence. Early child hood begins at the age of two, when a child may be referred to as a toddler. Child hood continues until it attains adolescence which generally coincides with the teen years. The entire journey from the early child hood up to the adolescence is the crucial and formative stage which is responsible for the physical, mental, societal and intellectual development. The adolescence generally coincides with the teen years and hence it is considered as period of transition with the adult hood. It is universally acknowledged that the little care and attention of the society towards the growth and nourishment of the child can help making the youth strong, sturdy, intelligent, and valuable assets of the nation. All human beings from the day their mothers conceive are guaranteed the universal/ divine rights, societal rights and those rights enshrined in the constitution of the countries to monitor and act against the violation of those rights. The divine laws advocate about the proper care and nourishment of the fetus developing in the womb of the mother. In order to help developing the unborn soul into an healthy human entity the mothers are served with the rich nutritional food and congenial environment for its healthy growth helping it develop good moral attitude so that it can prove as an ideal personality and an assets for the country and the society after the birth. If we go through our epics we find how Kyadoo, Mata Sita, Shakuntla, and Uttra could give birth to noble, courageous and pious souls like Paharlad, Luv and Kush, Bharat and Abhimanyu. The reason behind birth of these noble souls by their mothers was the result of their interaction with the spiritual and congenial atmosphere of the Ashrams of saints and seers like Narda Muni (where Parhalad learnt about Bhagwat- Dharma with in the womb of his mother), Balmiki, Rishi Kanva (step father of Shakuntla mother of Bharat) and the company of exalted personage of five Pandvas. The rights of an unborn child include proper care and nutrition from the parents as soon as it is fertilized. Section 20 of the Hindu succession Act (15) governs the rights of the fetus. It gives the born child and the baby in the womb of the mother equal rights on the inherent property, Section 312(6) to 316(7) of the Indian penal code has given extreme priority to the unborn child. In India the children are treated as the most precious assets for the future. The earlier laws of the country were quite a strict in relation to abortion. After the scientific development took place in the technology new machines came into existence with a sole intention of medical advancement in the field of pregnancy. But it was used for the determination of the sex of the unborn child which results in the selective abortion. Doctors, who are considered as the saviors, are seen included in illegal practices of determining pre- Natal and pre – conception diagnosis and feticide. Act 1994 not only considers as criminal act of selective abortion but also regulates the conduct of the doctors. The 1924 Geneva Declaration of the rights of the child unanimously decided to protect the rights of the unborn child. After World war 2nd two new points were incorporated. Firstly the rights of the children shall be protected irrespective of cast color and sex. An unborn child should be given proper care and nutrition in order to ensure complete physical and mental development. The first draft of the international covenant 1947 provides that the Human rights shall be protected from the moment of conception. It was also mentioned in the act to abolish the death sentence to the pregnant woman so as to protect the right of life of an unborn child. Family is considered as the cradle of society and the society as the environment for the child. It is the family and the society which shapes the personality of the child. If the rights of the child are strictly watched, protected and adhered to, there is no possibility of begging on the name of the skeletal child in the lap, child labor in the hotels, as scavengers, in the factories of fireworks, beeri making, brick kilns where the life of the child is always prone to the health hazards due to the unfavorable atmosphere of the work place. Many children are seen engaged in the scrap collection profession, selling articles on the red light chowks, collecting food pellets from the disposed garbage of the society, begging and immoral trafficking.
No doubt there are many rights granted to both born and the unborn child but it is misery they have never been implemented so far as the the betterment in the lives of the children is concerned. It is preached that all children under the age of 18 have natural rights fundamental freedom known as child rights. The children have the right to survive, develop, be protected and participate in discussions that will affect their lives. The UN convention on the rights of the child said that the child should not be denied of these rights. Every child has the right to develop, health care, innovation and education. All the children have the right to protection from all types’ of intimidation, exploitation, abuse and torture. This privilege guarantees that all the kids are nurtured, safeguard and led away from negative influences, abuse and exploitation of any kind. In spite of the guarantee of rights on the national and the international forum the fate of the children is same as it was before. Merely framing the laws for the law sake without their implementation is just like writing the lyrics on the walls. The fate of the majority of the children in Asian countries and other underdeveloped countries of Africa is miserable. The international society will have to come forward in order to make the child a strength and true assets of the world and not a liability of any kind. ‘Jis Desh Ka Bachpan Bhooka Ho Uss Desh Ki Jawani Kya Hogi’.