International Journal of Law 102 International Journal of Law ISSN: 2455-2194 Impact Factor: RJIF 5.12 www.lawjournals.org Volume 4; Issue 6; November 2018; Page No. 102-107 Constitutional framework of legal rights, legislative enactments and judicial approach towards safeguarding the rights of child in India Vijay M Gawas Assistant Professor-cum-Assistant Director, UGC Centre for the Study of Social Exclusion and Inclusive Policy, Goa University, Taleigao Plateau, Goa, India Abstract The present paper makes a modest attempt to analyze the provisions of the Constitutional framework of Legal Rights and the Legislative enactment of the child Right. It is fact a humble attempt to scrutinize the provision from the angle of social, economic, healthy Environment, and Educational which as beneficial to the Child Right. The paper has outlined the provision of Constitutional Rights and, other acts related to the Child Right. The present paper makes efforts to bring into the notice that state are really fulfill the Constitutional commitment for availing the safeguard and welfare measure of Children’s. In fact, this research paper deals with the constitution law, and other major legislations that were enacted for safeguarding the rights of the Child Right. For this purpose, the secondary data from books, articles, journal, newspaper etc. have been used. Keywords: constitutional law, judicial approach, legislative enactment, status 1. Introduction The Developed countries like Indian having the largest population number of child Population in the world. According to report the Indian have more than 375 million children, which as constitute around 40% of the child population. Out of these 69% of India children are victim of physical, emotional, or sexual abuse [1] . The world highest child Labour in India and most of the children are living under worse condition which is based on denial, neglected, exploitative and abusive environment. They are not having any opportunity to enjoy the healthy and happy life. The main root of cause of child labour due to poverty, family pressure, migration, carelessness of parents, and other social ill etc. further, the basic deprivation are lack of adequate shelter, food, basic Education etc. There are large number of Children are found in disadvantage condition i:e Homeless Children, Migrant Children, street Child, Children who are psychically and mentally Challenge, Child labour, Child beggar, Child in prostitution, Child sexual abuse, Children affected /infected by HIV/AIDS etc.... Most of Children are suffering from hunger due to poverty; inadequate Shelter and deprivation of basic needs such as health facilities, basic education, proper living condition and safe environment. The basic needs are the prime needs of every child which as guaranteed under the Constitution law of India. The living Condition of children’s is so worst and they are directly or indirectly engaged in activities such as child labour, pick picketing, prostitution, begging etc. which as result of violation of child rights. The Constitutional framework adopted the inclusive policy for 1 Neha Gupta, N.K. Aggarwal, 2012, Child abuse, published in Delhi Psychiatry Journal Vol. 15 No.2 Welfare and protects the rights towards the children. Similarly, the parliamentary provisions also have to ensure the preserving dignity of each and every child, and also enforced some important legislative acts for provides protection of children. The duties of state to improved policies and much needed to protect the rights of children’s. Besides, the Notion of Constitutional rights has some important privileges to protect and deal justice to children. There are number of issue which has been identified the problems of children i.e. Child labour, abuse and infringement of constitutional rights one of the critical concerns for Children in the country. The Constitution of Indian has specified the several provisions which as assures to every Citizen including children are free from exploitation, and protect their rights. It ensure by state with under obligation of constitutional Norms to protect from the violation of child Rights. 2. Constitutional beneficial provision for children The constitution of India is the supreme law of land, and also the social document of the country. The framers of the Indian constitution were influenced by the concept of Human Rights contained in the Universal Declaration of Human Right. The Constitution of India has had a number of articles spelled out the rights of Children; especially specified in part III of the fundamental Rights, and part IV of the Directive principles of State Policy. The Constitution of India provides Right to equally to its entire Citizen including child right. The preamble of the Constitution of India seeks to secure to its entire Citizens; including the child right, a right of justice-social economic and political; liberty of thoughts, expression, belief, faith and worship; equality of status and opportunity; and to promote