This article is written by Ms. Aditi Shakya, a 4th year student at the Institute of Law at Jiwaji University Gwalior.

Abstract:

This legal analysis explores how religious convictions and legal systems interact when examining children’s rights in the context of Christian homes. Careful study is necessary in the complicated and changing subject of the interaction between children’s rights and the religious ideals followed in Christian families. Examining how national and international legal systems respect children’s fundamental rights while allowing Christian families the freedom to practise their faith independently is the goal of this study. The examination begins by providing a comprehensive overview of the fundamental rights of children enshrined in various international conventions, such as the United Nations Convention on the Rights of the Child (CRC). These rights include, but are not limited to, the right to life, survival, and development; the right to protection from violence, abuse, and neglect; and the right to express their views freely in matters affecting them. The analysis then proceeds to evaluate how these universally recognized rights intersect with Christian teachings and doctrines within familial settings.

A crucial element that is being examined is the conflict between the duty to protect children’s welfare with the idea of religious liberty. The study looks into how Christian families parent in accordance with or maybe in opposition to established legal standards, since these behaviours are frequently influenced by their religious views. While stressing how critical it is to protect children from harm, the study also recognises how important it is to preserve religious freedom.

2. Introduction:

Children are considered to be the future of any society, and ensuring their rights and protection is of utmost importance. In the context of Christian families, it becomes imperative to examine the legal framework that safeguards the rights of children. This article aims to provide an overview and analysis of the rights of children within Christian families, focusing on the relevant legal provisions and its interpretation. The discussion commences with an analysis of the Indian legal framework and then proceeds to examine specific issues related to children’s rights within Christian families. The legal and public discourse has long focused on the rights of children living inside family systems. The legislative structures that protect children’s fundamental rights and guarantee their safety and welfare must also change as societies do. In keeping with this, navigating the nexus between religious convictions and legal precepts becomes difficult. Investigating children’s rights in the unique setting of Christian homes, this legal analysis reveals the complex relationships that develop between legal requirements and religious beliefs. One of the main world faiths, Christianity, has many different branches and interpretations. Families weave the fabric of their lives using a rich tapestry of customs, values, and ideas drawn from their religion, all woven into the enormous tapestry of Christian beliefs. But when these families struggle through the complexities of parenting within the confines of their religious beliefs, concerns about how these practices align with the more general legal frameworks meant to safeguard children’s rights emerge.

2. Indian Legal Framework:
3. The Constitution of India:

The Constitution of India, under Article 15(3), provides for special provisions for children, including their protection and welfare. Additionally, Article 21A recognizes the right to education as a fundamental right for children aged 6-14 years. The Constitution’s Article 15(3) gives the state the authority to provide particular measures for children, recognising their right to affirmative action in order to prevent social biases from depriving them of chances. Furthermore, it has been acknowledged that Article 21, which the courts have construed broadly, enshrines the right to life and personal liberty, including the right to a life that is respectable and free from exploitation, abuse, and neglect. The state has a duty to protect children’s welfare, as the constitutional affirmation of their right to life makes clear. The Directive Principles of State Policy (DPSP), which are a part of the constitutional framework, are crucial in determining the socioeconomic environment of the country. The state is directed under Article 39(e) and (f) of the DPSP to make sure that children are not molested and that childhood and youth are shielded from exploitation as well as from material and moral abandonment. These clauses of the constitution highlight the goal of establishing a society in which children’s rights are actively upheld and safeguarded, resulting in an atmosphere that supports their whole development.

1. The Juvenile Justice (Care and Protection of Children) Act, 2015:

This Act establishes a comprehensive framework for the protection, care, and rehabilitation of children. It defines a child as any person below the age of 18 and provides for measures to prevent juvenile delinquency, adoption, and the establishment of juvenile justice boards. In order to safeguard the rights and welfare of children, this legal analysis explores how the Act is applied in the context of Christian households. It does this by attempting to disentangle the interactions between religious beliefs and legal requirements.

Based on the constitutional duty to protect children’s rights, the Act creates a thorough framework for India’s juvenile justice system. It highlights the crucial idea of the child’s best interests and places special emphasis on the rehabilitation and reintegration of kids who have run afoul of the law. Examining how the Act supports or contradicts these practices becomes crucial when we focus on Christian households, whose parenting styles are frequently shaped by religious convictions. The Act’s awareness of children’s developing capacities and the requirement for age-appropriate responses is one of its most important features. The legal analysis is conducted via the prism of Christian families, taking into account the potential intersections between religious teachings on moral guidance and discipline and the requirements of the Act. This is particularly relevant when examining juvenile offenders living in Christian households. The purpose of the investigation is to find a middle ground between upholding Christian families’ liberty and making sure the Act’s restorative objectives are met.

1. The Guardians and Wards Act, 1890:

An important part of India’s legal framework concerning the upbringing and care of juveniles is the Guardians and Wards Act, 1890. This legal analysis, which has its roots in colonial-era law, unravels the relationship between religious beliefs and legal requirements in order to protect and preserve children’s rights as it works its way through the Act’s complexities in the particular setting of Christian households. The Guardians and Wards Act outlines the guardians’ duties and obligations as well as offering a framework for the appointment of guardians for children. As we begin this legal analysis, it is important to take into account how the Act takes into account the unique religious dynamics seen in Christian homes, where religious teachings and parental authority are frequently combined in the raising of children. The Act places a high priority on the wellbeing of the child while choosing guardians, which is one of its key features. This analysis, which is centred on Christian families, looks closely at how the Act’s provisions either support or contradict the religious precepts that influence caregiving and decision-making. It aims to achieve a compromise between Christian families’ autonomy in guiding their children’s development in accordance with their faith and the legal requirement to give the child’s best interests top priority. Religious and moral education is highly valued in Christian homes. Beyond this, the legal analysis looks at how the Act protects Christian parents’ rights to educate their kids religion without compromising the child’s overall wellbeing, as required by the Act.

3. Rights of Children in Christian Families:
4. Right to Equality: According to Article 14 of the Indian Constitution, all people are created equal and are entitled to the same protection under the law. As children of India are also citizens of this country, they are therefore entitled to this privilege as well.
5. Right to Education: Every child in the age between 6 to 14 has the right to free and compulsory primary education under Article 21A of the Indian Constitution. Furthermore, Article 45 mandates that the State work to ensure that every child under the age of six receives early childhood care and education.
6. C. Right Against Discrimination: The Constitution’s Article 15 forbids discrimination on the basis of caste, colour, etc. Article 15(1) prohibits discrimination against any citizen on the grounds of religion, race, caste, sex, place of birth, or any combination of these. Furthermore, according to Article 15(3), the State is free to provide any unique arrangements for women and children.
7. Right to Life: Article 21 of the Indian Constitution guarantees everyone the right to life, liberty, and security. Additionally, it declares that no person may be robbed of their life or personal freedom unless doing so is permitted by law. Comparably, all children in India are entitled to due process of law and personal liberty.
8. Right to Freedom of Expression: Article 19(1)(a) has granted every Indian citizen the right to freedom of speech and expression. All people, especially the children of India, are entitled to this right. Children are allowed to express themselves as long as their ideas and information do not cause harm to other people.
9. Right to be Protected from Hazardous Employment: Every child under the age of 14 has the right to protection from employment in mines or factories, as well as from being in any other type of precarious job, according to Article 24 of the Indian Constitution.
10. Right to Equal Opportunities and Facilities: According to Article 39(f) of the Indian Constitution, children must be given fair chances, the resources they need to develop in a healthy manner, and circumstances of liberty and dignity. Children and young people are also shielded from abuse and from being materially and morally abandoned.

Conclusion:

The rights of children within Christian families are protected by various legal provisions in India. The Constitution ensures equality, non-discrimination, and the right to education for all children. The Juvenile Justice Act focuses on the protection and well-being of children, while the Guardians and Wards Act considers the child’s welfare as paramount in the determination of guardianship. Furthermore, children in Christian families have specific rights such as religious freedom, education, inheritance, and protection against abuse. It is essential for parents, communities, and the legal system to understand and uphold these rights to ensure the well-being and future of every child. By respecting and safeguarding the rights of children within Christian families, we contribute to building a just and inclusive society.

The Guardians and Wards Act of 1890 and the Juvenile Justice (Care and Protection of Children) Act of 2015 are two important pieces of legislation that provide the legal framework for children’s rights. With its emphasis on rehabilitation, the Juvenile Justice Act requires a careful analysis of how it should be applied in Christian households. This is especially true when taking into account topics like corporal punishment and juvenile rehabilitation in the context of Christian values.

When it comes to the Guardians and Wards Act, which deals with the appointment of guardians for minors, the child’s welfare comes first. Examining how this Act interacts with parental rights and Christian beliefs, the analysis focuses on Christian families going through divorce, custody fights, or conflicts pertaining to religious upbringing. In order to protect Christian families’ religious liberty and make sure that judgements made by the legal system serve the best interests of the child, this analysis is essential. The investigation reveals the moral conundrums that Christian families encounter in relation to medical decision-making and end-of-life concerns when their religious convictions conflict with medical therapies. In these sensitive situations, it’s critical to strike a balance between parental rights, religious freedom, and the child’s best interests. This feature emphasises the necessity of a legal system that is empathetic, thoughtful, and sensitive to the moral implications of healthcare choices made in the context of Christian principles.

Additionally, the review broadens its scope to include international norms, including the United Nations Convention on the Rights of the Child (CRC). The assessment highlights the significance of cultural and religious sensitivity in understanding and implementing legal norms across the many Christian denominations and traditions in the nation, acknowledging India’s dedication to these principles.

References:

5. This article was originally written by Nishka Kamath,and published on December 18, 2021, at the I pleaders. The link for the same is herein. https://blog.ipleaders.in/rights-of-a-child-in-india-a-comprehensive-guide/
6. Christian Personal Law, DR. S.R. Myneni, 10th edition.
7. This article was originally written by Nimisha Srivastava,and published on June o3, 2016, on I pleaders. The link for the same is herein.https://blog.ipleaders.in/rights-illegitimate-children-christian-law/