BRIDGING GAPS IN CHILD PROTECTION: NATIONAL AND INTERNATIONAL LEGAL STANDARDS AND JUDICIAL TRENDS IN INDIA

Abstract

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This paper critically examines the legal framework governing the rights and welfare of children, particularly orphaned children, in India through the lens of national and international laws and judicial decisions. The analysis begins by exploring India's legal obligations under the Constitution, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, alongside other child welfare laws. It further assesses India's commitment to international conventions, such as the United Nations Convention on the Rights of the Child (UNCRC), focusing on how these standards are reflected in national legislation. A review of landmark judicial decisions in India highlights the judiciary’s proactive role in safeguarding children's rights, particularly orphaned and vulnerable children, through constitutional remedies like Public Interest Litigation (PIL) and directives on child welfare policies. Cases related to child labor, adoption, education, and protection from exploitation are critically analyzed to understand the evolving judicial interpretation of child rights.The paper also identifies gaps between legislative intent and on-ground implementation, especially concerning orphaned children's access to education, healthcare, and protection from trafficking and abuse. Furthermore, it examines India's adherence to international standards, pointing out areas where national policies fall short of global benchmarks. In conclusion, the analysis underscores the need for stronger enforcement mechanisms, improved rehabilitation programs, and increased collaboration between national and international bodies to better protect children, particularly orphans, in India. The paper calls for reforms in the existing legal structures and more robust judicial interventions to ensure that the rights of children, especially the most vulnerable, are fully realized in line with both national aspirations and international commitments.

KEYWORDS: Orphan Children, Child Rights, Juvenile Justice Act 2015, POCSO Act 2012, UNCRC, Public Interest Litigation, Child Welfare, Adoption, Child Labour, Trafficking, Judicial Intervention.