Introduction
National Youth day is celebrated on the 12th of January as the birth anniversary of Swami Vivekananda, who was an Indian philosopher and spiritual leader who contributed greatly to youth empowerment. In the late 19th century, his teachings emphasized the importance of self-confidence, fearlessness, and inner strength. In 1893, Vivekananda delivered his famous speech at the World's parliament of Religions, demonstrating his oratory power and revealing to the world the richness of Hindu philosophy. He added that education is the key to progress in society and encourages many people, especially young people, to be smart and productive. Vivekananda's teachings continue and inspire today's youth to realize their potential and contribute to the society.
"Youth in India" - 2022 report : The youth population is increasing rapidly, but might decrease in the latter half of 2011-2036. The population of the youth in India increased from 222.7 million in 2011 and is expected to decline to 345.5 million by 2036.
INDIAN LAWS FOR EMPOWERMENT OF THE YOUTH
Indian laws play an important role in empowering the youth, addressing all aspects of their lives and creating a conducive environment for their growth and development. These laws empower young people and secure their rights, education, employment and general health.
The constitution of India :
The Constitution of India, which came into force on January 26, 1950, guarantees the rights of children. Article 21-A guarantees the right of every child between the ages of 6 and 14 to receive free education and primary education. Article 24 (a) guarantees the right to protection from hazardous work for 14 years. Additionally, children have the same rights as all adults in India. Some of these include the right to equality (Article 14), the right to personal liberty and the right to due process (Article 21), the right to prohibition of trafficking and forced labour (Section 23), etc. Contains. India's child protection laws are based on constitutional laws that guarantee children's rights. More than 250 laws passed by the federal and state governments of India related to child issues. Besides these child protection laws, we also have other laws that protect children. These laws include the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973.
Various Legislations that aims at youth empowerment: Immoral Traffic (Prevention) Act, 1987 aims to prevent the trafficking of young people, including boys and girls. Child Labour (Prohibition and Control) Act, 1986 aims to prevent the labour of juveniles, including boys and girls. It also regulates work types and the employment of children in certain activities. Prohibition of Child Marriage Act, 2016 is based on the following principles: (a) it is an offense to marry a child, and (b) "Minor" refers a girl who has attained the age of 18 years. , male persons aged 21 years and above.
Right of children to Free and Compulsory Education Act, 2009 rectifies how the right to education is the only provision in the Constitution that states that the state must fulfill its obligations. The aim of providing education in ten years is free and compulsory education. We now have the right to education as a fundamental right and make it a moral right under Article 21a. The Right to Education Act, 2009 expounds on the importance of free and compulsory education for children aged 6-14 in India.
Protection of Children from Sexual Offenses Act (POCSO), 2012 was enacted to address the problem of rape and child abuse. The law states that a person under the age of 18 is a child. The law defines different types of sexual harassment. The law envisages creating a safe environment for children and preventing re-victimization at every stage of the judicial process. The law prioritizes the best interests of the child. For this reason, it includes procedures for reporting children to a special court, collecting evidence, conducting investigations, speedy trial of crimes, and conducting secret trials without revealing the identity of the child.
The Juvenile Justice (Care and Protection of Children) Act, 2015 came into force on 15 January 2016. Providing appropriate care, development, and reintegration into society through adoption is difficult. Friendship for children. The law divides the word "child" into two categories: "children in conflict with the law" and "children in need of care and protection". The law protects children against all kinds of punishment. The right not to hit children is a legal right according to this law.
National Policy on Education, 1986 was amended to give more importance for the children to be cared for in their early ages and to be given standard education. National Policy on Child Labour, 1987 functions to achieve the goal of removal of child labour in India. Education, health, development and employment are the key areas that are given importance to, through this policy. National Health Policy, 2002 gives importance to health related issues in schools, such as providing regular health check-ups for the children at schools. National youth policy, 2023 is aiming to concentrate on crucial fields for youth empowerment i.e. experiential learning for development, leadership, health, fitness and sports. The Draft National Youth Policy, 2023-32 is now under active consideration in the Ministry of Youth Affairs & Sports.
JUDICIAL RESPONSE TO YOUTH EMPOWERMENT :
1. Unni Krishnan, J.P. vs. State of Andhra Pradesh (1993) - This case addressed the right to education and the role of the state in providing it. The Supreme Court ruled that the right to education is implicit in the right to life under Article 21. It emphasized that the state has a duty to ensure that education is accessible and affordable, contributing to the upliftment of the youth.
2. People's Union for Civil Liberties (PUCL) vs. Union of India (2013) - This case dealt with the rights of the children on the street. The Supreme Court issued guidelines to protect the rights and dignity of children living on the streets, emphasizing the government's responsibility to provide for their basic needs and education. The case aimed at the upliftment of this vulnerable section of the youth.
3. Avinash Mehrotra vs. Union of India (2009) - This case dealt with reservation policies in higher education. The Supreme Court upheld the constitutional validity of reservations in educational institutions, emphasizing the importance of affirmative action for the upliftment of marginalized sections of society, including the youth.
CONCLUSION:
The protection of youth is crucial for any country. Young people are the future, and ensuring their safety and well-being is essential for their growth and development of the country as a whole. By safeguarding the youth, a country can create an environment where they can thrive, explore their potential, and contribute positively to society. Protecting them from harm, exploitation, and violence allows them to pursue education, build healthy relationships, and become responsible citizens. It is our collective responsibility to prioritize the protection of our youth and provide them with a nurturing and safe environment to flourish.
- Harita.A
19LW2A1017 - 9th semester BBA LLB
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