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My Constitutional Rights as A Parent in India

The Constitution has a great deal to say about children, from free schooling to protection from hazardous work, and it places a matching duty on you. Here is where the document touches your child's life, and yours.

Descriptive, not legal advice · text as amended through the 106th Amendment (2023)

Right to education

The state must provide free and compulsory education to every child aged six to fourteen. Added by the 86th Amendment in 2002, this is an enforceable fundamental right.

Prohibition of employment of children in factories, etc

No child below the age of fourteen may be employed in any factory, mine, or other hazardous work. A fundamental right, enforceable in court.

Provision for early childhood care and education to children below the age of six years

The state must provide early childhood care and education for all children until they complete six years. A Directive Principle: a duty on the state, not enforceable in court.

Certain principles of policy to be followed by the State

State policy must direct that children are given opportunities to develop in a healthy manner and are protected against abuse and exploitation. A Directive Principle.

Fundamental duties

Clause (k) makes it a parent's or guardian's duty to provide opportunities for education to their child aged six to fourteen. A duty the Constitution places on you.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Clause (3) lets the state make special provisions for women and children, the constitutional basis for laws that protect and benefit them specifically.

Protection of life and personal liberty

Life and personal liberty, which the Supreme Court has read to include dignity, health, and a child's right to a wholesome upbringing.

The honest caveatSome of these (Articles 39, 45) are Directive Principles: duties on the state, not rights you can sue on. The enforceable core is free education (21A) and protection from hazardous child labour (24).
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