FROM RIGHTS TO REALITIES: THE CONSTITUTIONAL FRAMEWORK FOR CHILD WELFARE IN INDIA

Abstract [English]

Children, by virtue of their age and dependency, represent one of the most vulnerable and voiceless sections of society. Despite being accorded special recognition under international law and constitutional mandates, their rights are frequently compromised by poverty, social exclusion, exploitation, and systemic indifference. In India, while the legal framework for child protection is extensive, encompassing constitutional guarantees, statutory protections, and international commitments, the gap between law and lived reality remains striking.
It is in this context that Public Interest Litigation (PIL) emerges as a transformative judicial tool. By relaxing traditional rules of locus standii, PIL has democratized access to justice, enabling concerned individuals and organizations to approach courts on behalf of marginalized groups, including children. Over the years, the higher judiciary in India has intervened meaningfully through PILs to enforce child rights from banning hazardous child labour and rescuing trafficked minors to securing access to education and protecting children in conflict with the law.
This research paper critically examines the intersection of child rights and public interest litigation in India. It traces the legal and constitutional framework governing child rights, analyzes the evolution and impact of PIL in enforcing those rights, and explores landmark judicial decisions that have shaped child welfare jurisprudence. While PIL has undeniably played a transformative role in foregrounding children’s issues in legal and policy discourses, the paper also reflects on its limitations including enforcement deficits, institutional inertia, and the potential for judicial overreach. In doing so, it seeks to evaluate the effectiveness of PIL as a sustained strategy for realizing the rights of children and proposes pathways for strengthening its role in a rights-based governance model.