Hear the child please !

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Is the school changing the school uniform? Is it shuffling its timetable? Is it changing a teacher?

How many schools in the country consult the children who would be affected by such changes? Very few, I dare say.

Whereas, as per the right of the child affected; there is a duty under the law on part of the school to take the view or the opinion of the affected child and give weight to it to the reasonable extent possible.

Article 12 of the United Nations Convention on Rights of the Child lays down that there is a duty to take the view of a child on anything that affects it and to give due weight to such opinion or view to the extent reasonably possible. Scientific research, in this respect, tells us that a child from a very early age is able to form an opinion or view, even before it is able to in fact express such view. So along with, not only there is a duty to take the view of the affected child, but also to facilitate the expression of such view.

India is a party to the United Nations Convention on Rights of the Child. The rights under the said convention are applicable, as a matter of law, in India also.

Scientific research further tells us that such manner of consulting the child or making it a participant in the decision-taking process promotes all-round development of the child.

The participation of the child in judicial proceedings on matters of custody and like are well-known. But the right of the child, further otherwise, to participate in the decision-taking process regarding something which affects it is not all that well known.

Class teachers should take the view of the children of their class regarding any decision that the school is considering which may affect such children. Or at the bare least, representatives of the students of every class should be made a participant in the decision-taking process on anything affecting such students. Of course, it is not that the opinion or view of the students is to be necessarily implemented. But to the reasonable extent possible, such opinion or view has to be factored in, in the decision-taking process.

The same applies, even more forcefully, with respect to matters at home. The child’s view on just about everything which affects it should be taken and to the reasonable extent, should be taken into account. Are you doing it? If not, please do it to the utmost extent possible and witness the changes - not just in the child but in you also!

Sanjay Kumar Singh

Independent Legal Services Professional

4 年

Thanks for the liking Meenu Padha. :)

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