The
Maharashtra State Commission for Protection of Child Rights has been set up in
July, 2007 as a statutory body under Commission for Protection of Child Rights
Act 2005 (4 of 2006) to protect, promote and defend child rights in the state.
In the act, a child has been defined as a human being below the age of
eighteen years. Child Rights as per Section 2 (b) of the Act includes the
rights provided under the CRC. The major standards for children
prescribed in the
CRC
are as follows:
(a) The child is protected against all forms of
discrimination, based upon race, color, sex, language, religion, political or
other opinion, national ethnic or social origin, property, disability, birth or
other status.
(b) In all actions concerning children, the best
interests of the child shall be a primary consideration.
(c) The child shall have the right to identity,
name & nationality.
(d) Every child has the inherent right to life,
survival and development, including the right to the highest attainable standard
of health to to facilities for the treatment of illness, the right to
education, which shall be directed to the development of the child’s
personality, talent and mental and physical abilities to their fullest
potential; and the right to benefit from social security.
(e) A child has right to
rest & leisure, & to engage in play and recreational activities.
(f) Every child has
right to a standard of living adequate for the child’s physical, mental,
spiritual, moral and social development.
(g) No child shall be
subjected to illicit transfer, abduction, sale or traffic for any purpose or in
any form.
(h) Views of the child
are to be given due weightage.
(i) A child shall not be
separated from parents against their will, except when such separation is necessary
for the best interest of the child.
(j) A child deprived of
family environment, shall be entitled to special protection and assistance
provided by the State.
(k) Institutions,
services and facilities responsible for the care or protection of children
shall conform to the standards established
(l) A mentally or
physically disabled child should enjoy a full & decent life, in conditions
which ensure dignity, promote self-reliance & facilitate active
participation in the community.
(m) Children are protected
from economic exploitation.
(n) Children are not
subjected to illicit use of narcotic drugs and psychotropic substances.
(o) Children are
protected from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual
abuse.
(p) Every child is
protected from all forms of sexual exploitation and sexual abuse.
(q) No child is
subjected to torture or other cruel, inhuman or degrading treatment or
punishment or be deprived of his liberty unlawfully or arbitrarily.
(r) All appropriate
measures shall be taken to promote physical and psychological recovery and
social re-integration of a child victim of any form of neglect, exploitation or
abuse, torture.
(s) The rules of
international humanitarian law applicable to children in armed conflicts are
respected
(t) Every child alleged
as, accused of, or recognized as having infringed the penal law has right to be
treated in a manner consistent with the promotion of the child’s sense of dignity
and worth.
(u) No child is
subjected to arbitrary or unlawful interference with his/her privacy, home or
to unlawful attacks on his/her honor and reputation.