IJCOPE Journal

UGC Logo DOI / ISO Logo

International Journal of Creative and Open Research in Engineering and Management

A Peer-Reviewed, Open-Access International Journal Supporting Multidisciplinary Research, Digital Publishing Standards, DOI Registration, and Academic Indexing.
Journal Information
ISSN: 3108-1754 (Online)
Crossref DOI: Available
ISO Certification: 9001:2015
Publication Fee: 599/- INR
Compliance: UGC Journal Norms
License: CC BY 4.0
Peer Review: Double Blind
Volume 02, Issue 04

Published on: April 2026

JUDICIAL PROTECTION OF CHILDREN’S RIGHTS IN INDIA: A CRITICAL AND ANALYTICAL STUDY

Dr. Sudhakaran

IMS Law College Noida (UP)

Article Status

Plagiarism Passed Peer Reviewed Open Access

Available Documents

Abstract

Children represent both the present vitality and the future promise of any nation. In India, the protection of children’s rights has been a significant area of jurisprudential development, with the judiciary — particularly the Supreme Court and various High Courts — playing a pivotal role in shaping, interpreting, and enforcing legal provisions for the welfare of children. This analytical study examines the multifaceted role of the Indian judiciary in safeguarding children’s rights across domains including education, health, and protection from labour exploitation, sexual abuse, trafficking, and juvenile justice.

Through an extensive review of landmark judgments, constitutional provisions, and legislative frameworks such as the Right of Children to Free and Compulsory Education Act (2009), the Protection of Children from Sexual Offences Act (2012), and the Juvenile Justice (Care and Protection of Children) Act (2015), this paper analyses the effectiveness of judicial interventions. The study adopts a doctrinal and analytical methodology, drawing from primary legal sources and secondary academic literature. Findings reveal that while the judiciary has made substantial contributions through Public Interest Litigations (PILs) and expanded interpretations of fundamental rights, significant implementation gaps persist. The paper concludes with recommendations for strengthening the institutional framework to ensure comprehensive protection of children’s rights in India.

Keywords: Children’s Rights, Indian Judiciary, Supreme Court, Child Labour, POCSO, Juvenile Justice, Constitutional Provisions, PIL, Child Protection

How to Cite this Paper

Sudhakaran, (2026). Judicial Protection of Children’s Rights in India: A Critical and Analytical Study. International Journal of Creative and Open Research in Engineering and Management, <i>02</i>(04). https://doi.org/10.55041/ijcope.v2i4.963

Sudhakaran, . "Judicial Protection of Children’s Rights in India: A Critical and Analytical Study." International Journal of Creative and Open Research in Engineering and Management, vol. 02, no. 04, 2026, pp. . doi:https://doi.org/10.55041/ijcope.v2i4.963.

Sudhakaran, . "Judicial Protection of Children’s Rights in India: A Critical and Analytical Study." International Journal of Creative and Open Research in Engineering and Management 02, no. 04 (2026). https://doi.org/https://doi.org/10.55041/ijcope.v2i4.963.

Search & Index

References

Bhagwati, P.N. (1984). Judicial activism and public interest litigation. Columbia Journal of Transnational Law, 23(3), 561-577.

Black, H. C. (1994). Black’s Law Dictionary (6th ed.). West Publishing.

Chandrachud, D.Y. (2020). The many faces of constitutionalism. Supreme Court of India Annual Report Series.

Deshpande, A. (2001). Child labour and judicial activism: An analysis of the M.C. Mehta case. Journal of Indian Law and Society, 4(2), 45-67.

Freeman, M. (2007). A Commentary on the United Nations Convention on the Rights of the Child. Martinus Nijhoff Publishers.

Ghosh, P. (2016). Juvenile justice in India: A rights-based analysis. Indian Law Review, 1(3), 123-148.

Government of India. (2009). Right of Children to Free and Compulsory Education Act. Ministry of Law and Justice.

Government of India. (2012). Protection of Children from Sexual Offences Act. Ministry of Law and Justice.

Government of India. (2015). Juvenile Justice (Care and Protection of Children) Act. Ministry of Law and Justice.

Iyer, V.R.K. (2007). The dynamics of education rights in India. Journal of Constitutional Law, 9(1), 1-28.

Krishnaswamy, S. (2017). Democracy and constitutionalism in India. Oxford University Press.

Ethical Compliance & Review Process

  • All submissions are screened under plagiarism detection.
  • Review follows editorial policy.
  • Authors retain copyright.
  • Peer Review Type: Double-Blind Peer Review
  • Published on: May 01 2026
CCBYNC

This article is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. You are free to share and adapt this work for non-commercial purposes with proper attribution.

View License
Scroll to Top