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THE LEGAL POSITION OF MINORS

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This article is written by Rajhansh of B.A.LL.B of 3rd Semester of RNB Global University, Bikaner, an intern under Legal Vidhiya

ABSTRACT

This research article covers the legal status of children, defining their rights, duties, and guarantees. Children, who are persons under the age of majority, are children in legal sense but as this group is more fragile, then the law provides them with special privileges and protection. This research article addresses the past, present and future of the law dealing with minors by identifying significant developments in the area that have influenced the law today.

Also, this research article looks into the different aspects of children’s rights, such as fundamental, civil, and economic rights, including education, protection from exploitation, personal freedom, and the right to own or inherit property. The article also deals with the legal rights and in-capacities of children with respect to age, particularly the ability to enter into contracts and the issue of liability for offenses, and considers juvenile justice.

Furthermore, the article presents a discussion on the legal and institutional protection mechanisms for Children, child labor Act, anti-trafficking laws and child protection agencies. The research combines case studies and international comparisons to give a balanced perspective on the place of minors within the law and the influence of international conventions, treaties, and agreements on the status of minors.

This article then highlights some of the remaining challenges and gaps in legal protection for minors. The final conclusion describes the results of research and proposals for legal measures to improve protection of minor victims, aimed at addressing challenges faced in transitional societies.

KEYWORDS

Minors, Legal Rights, Responsibilities, Protections, Age of Majority, Fundamental Rights, Civil Rights, Economic Rights, Juvenile Justice System, Legal Capacity, Child Labor Laws, Anti-Trafficking Laws, Child Abuse Prevention, Rights of the Child, Youth Rights, Policy Changes.

INTRODUCTION

A minor, in other words, a person who has not yet attained the age of legal majority, holds a somewhat profound and distinct place in the law. The age of majority which is the persons legal age varies from region to region but mostly ranges between eighteen to twenty-one years of age. In many nations like India, the age of majority is eighteen years. This difference is very important because it is this age that marks the end of childhood and the start of the legal responsibilities and several obligations that come with being an adult.[1]

There is a need to appreciate the legal status of minors owing to their vulnerability and special status which warrants extra care and attention. The age of most minors as well as other factors makes decisions of the minor’s rather unwise. This calls for a legal environment that not only protects them but also restricts and obliges them for their protection and development. By learning about the legal rights, parental responsibilities or protective measures available, we will be in a much better position to help these individuals and ensure that their transition into adulthood is done within the outlined legal parameters.

This article will focus on various implications touching on the legal status of the children with emphasis on, development and changes in law relating to children, the social, civil and economic rights of the child as well as the duties and restraints of the child. It will seek to provide information on the legal and institutional measures put in place to protect the children, analyze important case studies as well as provide a global perspective by reviewing the status of the child in other legal environments. Besides, the article will cover new issues together with existing ones in the protection of the rights of the child and present the latest trends and reforms in the protection of the child.

This article, being broadly composed of the above-subject matters, hopes to equip the readers with a detailed knowledge and understanding of the legal regime pertaining to the child and the related active initiatives. The discourse will emphasize the necessity of changing law practice in such a way as to adapt it to the current needs of the children and ensure imparting of their legal rights.

HISTORICAL BACKGROUND

The legal position concerning minors has undergone distinctive changes over the years. In early centuries, children were seen as property of their families with very little rights due to them as individuals. The idea of defining different stages of development in life, one of which is childhood and adolescence, has developed gradually – which meant the society started considering the regulation of children through special laws and legal measures.

My earlier mention is not the only instance of society developing its knowledge of children. As it appears, children had been completely at the mercy of their parents without law in intervention. However, as society continued to advance, the necessity to safeguard children from abuse and cruelty became evident. The 18th and 19th centuries witnessed the rise of the industrial revolution which changed the narrative due to the deplorable conditions which child workers endured therefore leading to social movements advocating for the protection of children and child labor laws. These laws aimed at restricting the hours children were employed while ensuring their access to education and free time.[2]

In the course of time the features of the development of minor’s rights and protections took place within different socioeconomic and political contexts. During early 19th and 20th centuries in Europe and the United States, the relevance to reform children’s welfare was getting attention not only from the society but the governing bodies. Such movements catalyzed the establishment of juvenile courts, regulation of child labor, educational institutions, and compulsory schooling law.

After World War II the attention given to human rights went out of the way with constraints even leading to the development of international conventions aimed towards the protection of children. One such document is the UNCRC which was adopted back in 1989 and lays out the comprehensive rights of children and the obligation of states to respect and uphold these rights. Almost all the states have ratified the UNCRC which signifies a wide acceptance of children’s rights not just on paper but practically as well.

In consideration of how many hard-fought battles there have been in ensuring legal protection for minors below the age of eighteen, the following are the major events that have enabled the protection of children’s rights:

  1. Child Labor Laws: Beginning with the Factory Acts in the UK (mid nineteenth century) that first sought legal restrictions on child labor, similar measures were taken in other countries. These laws prohibited child employment below a certain age, placed limits on working hours for children and ensured that children went to school.
  2. Juvenile Courts: The first juvenile court was established in Chicago, Illinois, in 1899. This model was quickly adopted in other jurisdictions, emphasizing rehabilitation over punishment for juvenile offenders and recognizing the need for a separate legal system for minors.
  3. Compulsory Education Laws: In the late nineteen and early twentieth centuries saw the introduction of such job employment laws and guidelines which ensured that children of any age worked only under the minimum age employment regulation. These laws played an important role in in child labor reduction and promotion of children’s intellectual and social development.
  4. Adoption of UNCRC: The United Nations Convention on The Rights of the Child, endorsed in 1989 is viewed as one of the most elaborate international agreements protecting children. It provided a set of universal standards on how children should be protected, how they should survive and develop which influenced legislation in different nations around the globe.[3]
  5. Policies on the Protection of Children at the National Level: Different countries have been able to come up with policies and laws on child protection which is meant to protect children from harm, neglect and child abuse. These include laws on mandatory reporting, child protection services, and agencies protecting disadvantaged children.

These milestones cite the understanding and legal application of the rights of minors as progressive thanks to the advancements in realizations of the importance of protecting children within the law. The development of the laws and policies aimed at children is intended to assist in their protection and more well-being at all levels across the world.

RIGHTS OF MINORS

1. Fundamental Rights:

I. Right to Education (Article 21A):

This article guarantees every child, who is between the ages of 6 to 14 years, the right to receive free and compulsory education. This implies that the government will provide adequate schooling amenities and ensure that no child misses schooling due to inability to pay fees. This is important as education significantly contributes to a child’s personality, strengthens future hopes and empowerment.

II. Right to Protection from Exploitation (Article 23 and 24):

Article 23 has been concerned with the issue of human trafficking as well as forced labor, whereas article 24 concerns itself with the employment of children in hazardous occupations in factories or mines and states that such children employed must be over the age of fourteen years. The objective of these provisions is to protect children from economic exploitation and from any work that is likely to damage their health or hinder their normal development.

III. Right to Health and Nutrition (Article 21):

Article 21 of the Constitution guarantees everyone the right to life, which; by implication, includes the right to health and nutrition. This means that children should be able to easily access medical facilities and services, routine check-ups, immunization, and a balanced diet. All these are necessary for the growth and nourishment of the child.

2. Civil Rights:

I. Right to Personal Liberty (Article 21):

This article ensures that no citizen or minor in this instance can be deprived of his or her life or personal liberty save in accordance with the laws of the land. This implies that children should be treated with respect, dignity and should not be subjected to illegal detention, maltreatment and discrimination.

II. Right to Privacy (Article 21):

Apart from other fundamental rights, the Supreme Court of India has acknowledged the right to personal privacy as enshrined in Article 21. This implies that children have the right to privacy with respect to their personal information and all forms of communication whether online or offline. Their privacy should be protected and respected.

III. Right to Freedom of Expression (Article 19 (1) (a)):

We say that this article grants the right to freedom of speech and expression to the citizens which cuts across all age groups and this empowers children to speak their minds including their thoughts opinions and ideas. Which enables them to participate in discussions, partake in cultural and artistic expressions, and express themselves in any form without being suppressed or punished.[4]

3. Economic Rights:

I. Right to Inheritance:

This right to inheritance is dealt with under different personal laws which are in regard to the different communities in India. For example, the Hindu Succession Act of 1956, deals with Hindus’ property inheritance rights whereas Indian Succession Act 1925 governs other communities. Such laws also enable minors to receive such his or her fair share of family properties and assets in case a certain family member dies.

II. Right to Own Property (Article 300A):

The right to property is stated in Article 300 A in such a way that, no person, including minor persons, can be deprived of their property, except in accordance with law. There can be some legal ownership of property by minors, however, legal management of it would not be possible until the minors reach adulthood. Until the minor is of the age of majority, there are guardians or trustees who may manage the property.

III. Employment Rights and Restrictions:

The Child Labour (Prohibition and Regulation) Act, 1986 and the Juvenile Justice- Care and protection of children Act, 2015 provides employment rights and restrictions to the minors. These laws help protect children by regulating how they can work. Minors are protected from working in ways that can hinder their education, health and general welfare. Limitations include work age limits, working hours maximum and work of hazardous nature.

RESPONSIBILITIES AND LIMITATIONS OF MINORS

Understanding the responsibilities and limitations placed on minors is crucial for ensuring their protection and guiding them through their developmental years and they are:

  1. Legal Responsibilities of Minors: Even though minors are not able to accept full legal responsibilities, the law also assigns them certain duties. For instance, minors are required to attend school, obey curfews provided by the bylaws, and respect age limits that are imposed on such activities as drinking and smoking. Moreover, minors have to pay back the injury they inflict on others but their culpability may vary in proportion to their tender age and sense of responsibility. These legal requirements can also be imposed on parents or guardians who must ensure that the minors conform to these laws, and in some cases, will be liable for the misconduct of their actions.
  2. Limitations on the Contractual Capacity of Minors: The courts have leaned on one constituent as a restriction for this consideration, and that is their capacity to contract. In general, laws provide that minors will be incapacitated and fully powerless to execute contracts. With respect to contracts with minors, such contracts are voidable at the discretion of the minor which means the minor can opt to abide by the contract or ignore it. Such a restriction serves to protect minors from being taken advantage of and from being obligated to agreements which minors are not capable of fully comprehending. On the other hand, contracts for necessities such as food, clothing, and shelter, which minors are capable of entering into and are required to perform are the exceptions.
  3. Criminal Responsibility and the juvenile justice system: Minors and how they is treated under criminal responsibility are governed by different legal procedures and provisions. The juvenile justice systems are built with the particularity in mind, that, the specific population group of minors who commit the offenses and their diverse need and circumstances. The goal, in most cases, is to assist the minor rather than punish him hoping that he will comply with the law in the future. Typically, minor offenses are dealt with juveniles courts which aim to give minors into counseling, education and community service. The minimum age of application of adult standards to minors has no limitations in some states. However, there are, as a rule, higher and stricter thresholds and criteria for transferring juvenile cases to adult courts.
  4. Civil Liability of minors: Minors tend to be covered by the law due to their age since they can hardly be independently liable under the law, but there are still acts for which such a person can be made liable to other individuals. Civil liability is the obligation to make good the losses or injuries resulting from one’s wrongful acts or omissions, which include negligence. Minors are, therefore, able to incur civil liabilities such as through acts of vandalism, trespass to person, or property. The scope of these of their liability often depends on their age and the ability to appreciate fully the nature of their wrongful act. In many cases, parents or guardians may also be held liable for the actions of their minor children, particularly if they failed to supervise them adequately or contributed to the negligent behavior. For instance, if a minor causes damage to someone’s property or injures another person, the injured party can file a civil lawsuit seeking compensation. The court will consider the minor’s age, maturity, and understanding of the act. If found liable, the minor or their parents/guardians may be required to pay for the damages. This principle ensures that victims receive compensation while also promoting accountability and responsible behavior among minors.

PROTECTIONS FOR MINORS

Child Labor Laws: Child labor laws protect children and adolescents from involuntary servitude and unfair treatment. The Child Labour (Prohibition and Regulation) Act of 1986 prohibits children under 14 years from working in hazardous industries and prescribes the working conditions of adolescents aged above fourteen and below eighteen years. In particular, these measures would ensure that children as defined by this Constitution are not placed in situations which may be detrimental to their physical, mental, social and moral development. In addition to these, the Right of Children to Free and Compulsory Education Act, 2009 (Article 21A), goes a step further by saying that all children must be educated and are not thrust into work.[5]

Anti- Trafficking Laws: Anti trafficking laws are equally fundamental in as far as trafficking of children and minors for labour, sexual exploitation, abuse, among many others, is concerned. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill of 2018, outlines specific provisions that target human trafficking through extensive punishment and protective approaches for the trafficked victims. Moreover, in addition to trafficking, and forced labour, which are clearly against humanity and deprive persons their dignity articles 23 and 24 of the constitution goes ahead to ban and prohibit such practices in the country giving legal provisions against such atrocious acts .[6]

Laws Related to Child Abuse and Neglect: The laws which are in place against child abuse and neglect are designed for the protection of minor against any form of emotional, physical or sexual abuse and even neglect. Among these laws is the Protection of Children from Sexual Offences (POCSO) Act, 2012, which focuses on child sexual abuse and exploitation, thus offering a comprehensive legal approach to the protection of children whilst ensuring that strict measures are put in place to punish perpetrators. In addition, the Children’s Act of 2015, known as the Juvenile Justice (Care and Protection of Children) Act in effect in other jurisdictions, also has provisions which cater for care, protection and rehabilitation of children in need of care.

Role of Child Welfare Organizations: Child welfare organizations are instrumental in the promotion and protection of the rights of children. Some of the organizations like Child-line India have the helplines, support services, and intervention programs for the assistance of children in difficulty. They partner with state authorities, NGOs and communities to build a safe and supportive environment for children.

Juvenile Justice Institutions: The juvenile system, in its essence, was developed in order to fulfill the special requirements of the minors who are in conflict with the law. The focus of juvenile justice is on rehabilitation and not punishment and therefore juvenile justice provides counseling, education, and vocational training as part of an offensive to encourage juveniles to become productive members of society.

Educational and Health Care Establishments: Schools and hospitals form the hub of minor development and safeguard. In addition to learning, schools provide kids with structure and can be a safe place for children. The best health-care institutions promise a system that safeguards care, vaccinations and nutritional programs for under-18 years. A few government schemes such as the “Integrated Child Development Services (the ICDS) program” are centered around guaranteeing valid and nutrition-aspects remains of kids, fundamentally from disadvantaged backgrounds.

CASE LAWS AND THEIR IMPACT

  1. Mohori Bibee v. Dharmodas Ghosh (1903):

Facts of the Case: Dharmodas Ghosh while still14 years of age mortgage his estate through Kedar Nath, an agent to Brahmo Dutt’s. They still went on with the transaction even upon their notice that Dharmodas was a minor.

Judgement: Agreed with the simple fact raised, that any contract made by a minor is void-ab-initio outlook. This made a vital principle on the law on non-enforceability of contracts made by children to be created.

Impact: This case has also established the fact that contracts made by minors are unenforceable in so ensuring that such class of people is protected from violations and contracts that are beyond their comprehension[7].

Facts of the case: The petition was publicized for requests directing Indian authorities in regard to discharging children under the age of sixteen from prison custody and the enforcement of Children’s Act.

Judgement: Children held in jails were made the focus of these boards, while the Supreme Court ordered state governments to tally the number of these homes as well as remand homes, and legal assistance to children in these jails.

Impact: Improved understanding of the significance of enforcing this law within the legal system has transformed how minors are treated and have access to the law when facing legal challenges or conflict.[8]

Facts: The case focused on the construction and the components of the juvenile justice system whereby there is emphasis on the ‘restoration’ of the young offenders as opposed to the ‘punishment’ approach.

Judgment: The judgment stated that there is need for restorative justice and resettlement of the juvenile delinquents in the society.

Impact: This case brought into focus the principle of restoration as opposed to the principle of punishment for juvenile offenders, thus calling for a more humane treatment in the administration of juvenile justice.[9]

Facts: The case stressed on the prevention of children from sexual crimes and the need to have policies in place that will tackle the future occurrences of such acts.

Judgment: The ruling focused on implementing protective measures aimed at children from sexual abuse and intended to promote children’s safety.

Impact: The concerns of this case brought about measures that aimed at protecting children from sexual abuse much stronger and explicitly urged for children’s rights to be protected.[10]

Facts: The case fought for the entitlements of the children who were in need of care and protection and the importance of the presence of laws that would cater for their welfare.

Judgment: It was observed that there is need for further development of legal instruments to cater for the welfare and protection of children in difficult circumstances and with special needs.

Impact: This case led to the strengthening of legal protections for children in need of care and protection, ensuring their rights and well-being are upheld.[11]

INTERNATIONAL PERSPECTIVES

1. Comparison of Minors’ Legal Status in different countries:

I. United States: In the US, it is customary for the age of adulthood to be set at 18, with set provisions in the law such as the drinking age which is 21 for example. In terms of the legal system that handles operations with minors, the justice juvenile system is distinct as it focuses more on rehabilitation rather than punishment and minors are tried in the juvenile courts. Different jurisdictions have various ages at which a minor can be prosecuted as an adult ranging from 7-18 years. There are strict provisions in regard to child abuse in the US and various state and federal policies also guarantee children and minors access to education, basic health care, and protection from abuse. Important laws include the Children’s Online Privacy Protection Act (COPPA) and Individuals with Disabilities Education Act (IDEA).

II. United Kingdom: In the UK however the age of majority is at 18 years, however, the age for criminal responsibility is rather low at 10 years. In the UK youth who offend are seen by youth courts rather than adult courts and these courts generally look for rehabilitative measures and community service than prison sentences. UK has instituted quite a number of child welfare laws such as Children Act 1989 which has a general focus on the welfare and safety of children and Education Act 1996 which makes education compulsory for children. The UK’s strict laws forbidding abuse and exploitation of minors are enhanced by Child and Family Court Advisory and Support Service (CAFCASS) among other agencies.

III. Germany: In Germany, the age of majority is eighteen while the age of criminal responsibility is fourteen. Within the juvenile justice system, rehabilitation such as education and integration prevents re-offending. The legal framework in Germany with regards to Youth Welfare is the German Youth Welfare Act (SGBVII) in Play Violence: Children’s Right to Education Which Provides for not only Teachers abuse a child’s right to education but also their society as a whole. In addition the country forbids child labour and promotes child welfare through programs such as Jugendamt (Youth Welfare Office).

IV. Japan: The age of majority in Japan is twenty but soon to be lowered to eighteen years. The age of criminal responsibility however is fourteen years, whereas young perpetrators of crime are tried in family court to issues that focus rehabilitating and reintegrating them into society. Japan has laws dealing with the welfare of children and such include the Child Welfare Act and the Juvenile Law which guarantee minors are not abused or deprived of education and health services. The country also has specialized institutions like Child Guidance Centers which help in safeguarding and supporting minors.

V. Argentina: The age of majority in Argentina is 18 years, while the minimum age at which a child can be held criminally responsible is 16 years. The juvenile justice system emphasizes rehabilitation, with juvenile courts focusing on educational and social interventions. Argentina has strong child protection laws, such as the Law on the Comprehensive Protection of the Rights of Children and Adolescents, which guarantees minors’ rights to education, health, and protection from exploitation. The country also adheres to international conventions, ensuring comprehensive protection for minors.

2. International Conventions and Treaties Protecting Minors’ Rights:

I. United Nations Convention on the Rights of the Child (UNCRC): The child rights treaty opened for signature on 26 November 1989 and was ratified by Zimbabwe in 1990. It was the most ratified human rights accord its record so far. It defines the three covenants related to the civil, political as well as the economic, social and cultural perspectives. Its prominent articles encompass the right of a child to be allege, health intercession, safeguard against any kind of mishap and taking part in familial, cultural and community affairs. The UNCRC laid the basis for the implementation of many domestic laws and policies and was in a way responsible for universalistic approach regard children’s rights.

II. International Labour Organization (ILO) Conventions: Child labor and provisions for young workers as the ILO conventions employ adolescent workers also disfranchises them. The adoption of the Minimum Age Convention (No. 138) was meant to lay down the acceptable minimum working age and the Worst Forms of Child Labour Convention (No. 182) was directed towards the elimination of the worst forms of child labor. These frameworks have contributed towards reduction of child labour practices on a global scale improving the conditions and rights of working minors.

III. Hague Convention on the Civil Aspects of International Child Abduction: This convention seeks to prevent international wrongful removal of a child by a parent or a guardian that has taken the child away from his or her country of habitual residence. It also aims at providing children who have been abducted with a fast mechanism of legal re-settlement which will safeguard their welfare. The convention is important in ensuring that parties to international child custody disputes are able to resolve them without interfering with the rights of the child.

IV. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography: This protocol aims at the prevention of sexual exploitation and abuse of children. It advocates for adoption in legal systems measures to prevent the sale of children, the prostitution of children, and child pornography, and for international cooperation to this end. The protocol has enhanced the endeavor of the international community towards eradicating these infractions and protecting vulnerable children.

CHALLENGES AND ISSUES

  1. Current Challenges Faced by Minors in the Legal System: The fact that minors are not fully capable of exercising their legal rights seriously causes significant problems for them within the legal system. The absence of legal capacity largely renders them incapable of entering binding contracts or making other legal decisions. This limitation affects their ability to advocate for themselves or participate in activities that require legal agreements. Additionally, minors within the juvenile justice system face considerable struggles. Despite its intention to rehabilitate rather than punish, the system suffers from issues such as overcrowded facilities, inadequate educational and vocational training programs, and social stigma associated with juvenile tribunals. These difficulties adversely impact the rehabilitation process and the long-term outcomes for children in the system. Furthermore, minors are vulnerable to exploitation and abuse. They are exposed to child labor, trafficking, and various forms of abuse, including physical, psychological, and sexual abuse. Their ability to receive assistance and protection from harm often depends on adult intervention, which exacerbates the challenges they face.
  2. Gaps in Legal Protections and Enforcement: There are existing laws on issues of protecting minors, but the associated legal provisions and their implementation are very weak. Legal precision is one of the further persistent problems. The laws meant to protect minors are there but they tend to be insufficient to accommodate all facets of minors’ well-being and rights. For instance, some laws may aim at putting stringent controls so that child labor is not used, but do not provide for rehabilitation and education of the child once he/she is a former laborer. These laws too have a problem of being effective. Even when a law seems to safeguard minors’ rights, the implementation of such laws can be weak. Inconsistent enforcement of the law within the different regions as well as within the different jurisdictions makes minor’s protection severe. In addition, there is vast ignorance and violation of the law goes unreported. Many parents, wards, lawyers, and citizens may be interested in the rights of minors and the means of protection, however most of them ignore them. Such information void can lead to a situation where violation and laws aimed at the protection of minors are not reported and utilized respectively. This can lead to minors being deprived of the protection and justice they deserve.
  3. Societal and Cultural Barriers to the Effective Implementation of Minors’ Rights: Rights of children must be also be understood in the context of societal and cultural factors in order to be effectively realized. Societal perceptions and behavior towards children can be positively or negatively shaped by strongly held cultural beliefs or practices. For example, there may be some cultures whereby the supremacy of parents as heads of the family may be viewed as unconditional which can be detrimental towards the realization and enforcement of children’s rights. Also, traditional family dynamics matter in this regard. In societies where people largely live together with big families, several family members may therefore share the decision of how to take care of a child which can weaken the mechanisms of enforcement of children’s rights. Factors such as social disgrace or shame are really crippling factors that become deterrents in exposing violence or getting assistance. In many practices, victims are regarded with contempt which makes minors unwilling to go out of their way to complain and seek help. This is especially the case for sexual abuse which is already a sensitive subject, most people tend to shun away from discussing it for fear of the way their community will react. It takes more than one individual to solve these problems particularly the social and cultural challenges. There is need for the rights of minors to be propagated and positive aspects of culture such as parental responsibility to be promoted.

CONCLUSION

The legal status of minors involves a complex mix of rights, duties, and protections that are meant to serve their best interests and help them grow. This research highlights the acknowledgment of a minor’s universal rights, civil rights, rights against exploitation, socioeconomic rights, and other rights, including the right to protection, education, protection from abandonment, and neglect, personal liberty, privacy, anonymity, and inheritance. However, as minors, they are also vulnerable because the Law affords them few rights, especially with respect to the limited capacity they have to enter into binding contracts and make other legal decisions. Even though the juvenile justice system was developed with a rehabilitative focus, the problems of overcrowded facilities, under-resourced educational programs, and stigma still run rampant in the system. Furthermore, young people can be targets for exploitation and abuse, such as child labour and child trafficking.

The topic of a minor’s legal status is tremendously relevant after all these years. With the changing of social as well as legal landscapes, there arises an urgent need to reformulate the guideline and frame protecting the rights or minor. Whether you are a parent, guardian, teacher, or lawyer, you should know what rights minors have and how they can be protected! This information is crucial to not only help protect our youth from danger, but to provide them with opportunities to grow and develop. This realization is fully backed by the continued importance of this knowledge, by the growing challenges we need to face on a daily basis, such as the effect of digital technologies on adolescents, the restructuring of families by new societal currents.

In order to better safeguard the rights of the children and overcome the challenges already posed, the following can be suggested: First, enhancing the existing legal frameworks in order to provide full coverage on the rights of the child, including online rights and protection. Laws that are protective should be detailed and allow for an evolution to new circumstances. Secondly, strengthening the implementation and enforcement to guarantee that there are sufficient levels of enforcement of laws across regions and jurisdictions. Increased provision of training to law enforcers and legal practitioners can be able to effectively deal with the cases that concern the minors. Third, widening awareness and education by putting in place programs that seek to educate parents, guardians and the community on children’s rights. The legal education programs help teach the minors their protection rights and the means of obtaining these rights. Fourth, increasing the provision of other support services by making sure that there are sufficient resources and support for centers that deal with minor issues such as child welfare, juvenile justice, health care, etc. It is very important that these institutions are fit to deal with the requirements of minors. Fifth, overcoming the issues of society and culture by changing the culture as well as improving the attitudes of the society toward children’s rights. It is very much needed to engage with the community and advocate to change social norms and practices, that undermine the rights of minors. Lastly, international cooperation strengthening cooperation with international organizations and implementation of legal standards and best practices of other countries in order to improve protection of minors. Joining global initiatives and treaties committed to the protection of children’s rights.

If implemented, these recommendations would help secure not only the safety and well-being of minors, but also a sensible legal and social environment around them. These are essential for creating a just society in which all children enjoy their rights.

REFERENCES

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[1] Toppr, https://www.toppr.com/guides/business-laws-cs/indian-contract-act-1872/agreement-with-minor/ (last visited Oct 31, 2024)

[2] History, https://www.history.com/topics/industrial-revolution/child-labor (last visited Oct 31, 2024)

[3] UNICEF, https://www.unicef.org/child-rights-convention#:~:text=In%201989%2C%20world%20leaders%20made,children’s%20lives%20around%20the%20world. (last visited Oct 31,2024)

[4] Byju’s, https://byjus.com/free-ias-prep/important-articles-in-constitution-india/ (last visited Oct 31, 2024)

[5] IAP India, https://iapindia.org/pdf/Ch-98-Rights-of-Children-IAP-Parental-Guideline-18112021.pdf (last visited Oct 31, 2024)

[6] Prs India, https://prsindia.org/billtrack/the-trafficking-of-persons-prevention-protection-and-rehabilitation-bill-2018 (last visited Oct 31, 2024)

[7] Mohori Bibee v. Dharmodas Ghosh(1903)L.R. 30 I.A. 114

[8]  Sheela Barse v Union of India1986 SCALE (2)230

[9] Pratap Singh v. State of Jharkhand 2005 (3) SCC 551

[10] Hari Ram v. State of Rajasthan (2009) 13 SCC 211

[11] Sampurna Behura v. Union of India(2018) 4 SCC 433

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