In the Indian Constitution, there is a chapter entitled "Directive Principles of State Policy," which sets out certain fundamental obligations of the State. While they are fundamental in the governance of the country, the provisions are not judicially enforceable. When the Indian Constitution was drafted, the Constitution makers were aware of the Universal Declaration of Human Rights, which contains certain civil and political rights and, also social, economic and cultural rights.
By and large, the civil and political rights were incorporated in a chapter of Fundamental Rights, which could be enforced judicially, while the social, economic cultural rights were included in Directive Principles, which are not judicially enforceable.
The following are the Directive Principles of State Policy to be followed by the State for the welfare of the children :
Article 39 specifically requires the State to direct its policy :
- To protect the health and strength of children and, to ensure that they are not forced by economic necessity
to enter vocations, unsuited to their age or strength.
- To ensure that children are given opportunities and facilities to develop in a healthy manner and, in conditions
of freedom and dignity and, that their childhood and youth are protected against exploitation and, against
moral and material abandonment.
- Article 45 requires the State to make provision for free and compulsory education for all children until they
complete the age of 14 years.
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