Political Participation of Minors in India: A Critical Perspective from the Prism of the UNCRC
Abstract
The participation of children in a political demonstration has proven to be an enduring issue in India owing to the public agitations against the Citizenship Amendment Act and the farm laws, with the latter being withdrawn recently. Under the hegemonic liberal paradigm, the underlying risk is that civil and political rights may be envisaged as the exclusive domain of adults. Children are merely viewed as apprentice citizens who do not have the capacity to exercise rational choice. The operative presumption is located in a binary wherein children are pliant beneficiaries, and the state is a benign caretaker in charge of determining their best interests. It thereby negates children’s autonomy and reduces them to disenfranchised spectators in an adult-centric social fabric. Moreover, the protectionist approach enables the state to evade its obligation of preserving democratic spaces wherein minors can protest safely and make their voices heard. State functionaries and judicial authorities in India have also been complicit in adopting an infantilising stance. In this paper, the author makes a case for recognising the agency of children such that they can exercise their ‘autonomy’ right to political participation. This paper incorporates diverse perspectives in existing child rights literature, including those emanating from the Global South, to argue in favour of an epistemic reorientation in child rights law discourse. Moreover, the author relies upon key interpretations of UNCRC provisions made by the Committee on the Rights of the Child and argues for facilitating a participative environment where children can exercise their civil and political rights. The ‘best interests’ test should not be wielded as a sword from an adult standpoint to curtail children’s rights in the political domain.
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Anter, Andreas, “The Modern State and Its Monopoly on Violence” in Edith Hanke, Lawrence Scaff & Sam Whimster, eds, The Oxford Handbook of Max Weber (Oxford University Press, 2020) 226.
Aoife Daly, “Demonstrating Positive Obligations: Children’s Rights and Peaceful Protest in International Law” (2013) 42:1 George Washington International Law Review 763–813.
Arce, Matías Cordero, “Towards an Emancipatory Discourse of Children’s Rights*” (2012) 20:3 The International Journal of Children’s Rights 365–421.
Asha Bajpai, Child Rights in India (Oxford University Press, 2017).
Bijan Kimiagar & Roger Hart, “Children’s Free Association and the Collective Exercise of Their Rights” in Martin D Ruck, Michele Peterson-Badali, & Michael Freeman, eds, Handbook of Children’s Rights: Global and Multidisciplinary Perspectives (Routledge, 2017) 498.
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Daalen, Edward van, Karl Hanson & Olga Nieuwenhuys, “Children’s Rights as Living Rights: The Case of Street Children and a new Law in Yogyakarta, Indonesia” (2016) 24:4 The International Journal of Children’s Rights 803–825.
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Fairhall, Nicola & Kevin Woods, “Children’s Views on Children’s Rights: A Systematic Literature Review” (2021) 29:4 The International Journal of Children’s Rights 835–871.
Faulkner, Elizabeth A & Conrad Nyamutata, “The Decolonisation of Children’s Rights and the Colonial Contours of the Convention on the Rights of the Child” (2020) 28:1 The International Journal of Children’s Rights 66–88.
Ferguson, Lucinda, “Not merely rights for children but children’s rights: The theory gap and the assumption of the importance of children’s rights” (2013) 21:2 The International Journal of Children’s Rights 177–208.
Gerison Lansdown, “National Human Rights Institutions for Children” in Jonathan Todres & Shani M King, eds, The Oxford Handbook of Children’s Rights Law (Oxford University Press, 2020) 495.
Henaghan, Mark, “Article 12 of the UN Convention on the Rights of Children” (2017) 25 International Journal of Children's Rights 537.
Hidustan Times, “Farmers’ children protest in the day, study at night”, (2 December 2020), online:
Hindustan Times, “Goa organisers booked for presence of children in anti-CAA rally”, (30 January 2020), online:
John Eekelaar & John Tobin, “Art. 3: The Best Interests of the Child” in John Tobin, ed, The UN Convention on the Rights of the Child: A Commentary (Oxford University Press, 2019) 73.
John Tobin, “Justifying Children’s Rights” (2013) 21 International Journal of Child Rights 395.
John Tobin & Aisling Parkes, “Art.13 The Right to Freedom of Expression” in John Tobin, ed, The UN Convention on the Rights of the Child: A Commentary (Oxford University Press, 2019) 435.
John Tobin & Sheila Varadan, “Art.5 The Right to Parental Direction and Guidance Consistent with a Child’s Evolving Capacities” in John Tobin, ed, The UN Convention on the Rights of the Child: A Commentary (Oxford University Press, 2019) 159.
Langlaude, Sylvie, “On How to Build a Positive Understanding of the Child’s Right to Freedom of Expression” (2010) 10:1 Human Rights Law Review 33–66.
Laura Lundy, John Tobin, & Aisling Parkes, “Art. 12: The Right to Respect for the Views of the Child” in John Tobin, ed, The UN Convention on the Rights of the Child: A Commentary Oxford Commentaries on International Law (Oxford University Press, 2019) 397.
Liebel, Manfred, “The Moscow Declaration on the Rights of the Child (1918)” (2016) 24:1 International Journal of Children's Rights 3–28.
Live Law, “Anti-CAA Protests : Detention Of Minors In Police Station Illegal, Orders Magistrate In Delhi; Police Asked To Allow Detainees To Meet Lawyers, Provide Medical Aid”, (21 December 2019), online:
Live Law, “Children From Harsh Mander Associated Children Homes Taken To CAA Protest Site, Prima Facie Violation Of Child Rights: NCPCR Tells Delhi HC”, (28 July 2021), online:
Live Law, “We Have Highest Concern For Children’, SC Issues Notice On Suo Moto Case On Children In Protests”, Live Law (10 February 2020), online:
Manfred Liebel, “Children’s Citizenship – Observed and Experienced” in Manfred Liebel et al, eds, Children’s Rights from Below: Cross-Cultural Perspectives Studies in Childhood and Youth (Palgrave Macmillan UK, 2012).
Manfred Liebel, “Economic and Labor Rights of Children” in Jonathan Todres & Shani M King, eds, The Oxford Handbook of Children’s Rights Law (Oxford University Press, 2020) 349.
Mattheis, Nikolas, “Unruly kids? Conceptualizing and defending youth disobedience” (2020) European Journal of Political Theory 1474885120918371.
McMurry, Nicholas, “The Right for Protest to Be Heard” (2019) 21 Whitehead Jourrnal of Diplomacy and International Relations 93.
Mégret, Frédéric & Philip Alston, The United Nations And Human Rights: A Critical Appraisal, 2nd ed (Oxford University Press, 2020).
Michel Foucault, Discipline & Punish: The Birth of the Prison, 2nd ed (Vintage Books, 1995).
Moosa-Mitha, Mehmoona, “A Difference-Centred Alternative to Theorization of Children’s Citizenship Rights” (2005) 9:4 Citizenship Studies 369–388.
Nishiyama, Kei, “Between protection and participation: Rethinking children’s rights to participate in protests on streets, online spaces, and schools” (2020) 19:4 Journal of Human Rights 501–517.
Paulo Freire, Pedagogy of the Oppressed (Continuum, 2000).
Perpetua Kirby & Rebecca Webb, “Taking Part, Joining In, And Being Heard?: Ethnographic Explorations of Children’s Participation” in Jonathan Todres & Shani M King, eds, The Oxford Handbook of Children’s Rights Law (477-494: Oxford University Press, 2020).
Peter N Stearns, “History of Children’s Rights” in Martin D Ruck (editor), Michele Peterson-Badali (editor) & Michael Freeman (editor), eds, Handbook of Children’s Rights: Global and Multidisciplinary Perspectives (Routledge, 2017) 3.
Rakshitt Bajpai, “Indian Supreme Court Arbitrarily Limits Children’s Right to Protest”, (28 May 2020), online: Oxford Human Rights Hub
Raman, Vasanthi, “Politics of Childhood: Perspectives from the South” (2000) 35:46 Economic and Political Weekly 4055–4064.
Rampal, Anita, “Scaffolded Participation of Children: Perspectives from India” (2008) 16:3 The International Journal of Children’s Rights 313–325.
Roger A Hart, Children’s Participation: From Tokenism to Citizenship, by Roger A Hart (UNICEF, 1992).
Sandberg, Kirsten, “The Convention on the Rights of the Child and the Vulnerability of Children” (2015) 84:2 Nordic Journal of International Law 221–247.
Scroll.in, “Bidar sedition case: Karnataka child rights body says police violated norms by questioning children”, online:
Scroll.in, “CAA: National child rights body says children protesting at Shaheen Bagh need counselling”, (22 January 2020), online:
Scroll.in, “Full text: Shaheen Bagh environment ‘constructive’ for children, expert team rebuts NCPCR’s claims”, online:
Scroll.in, “UP police detained 41 children during CAA protests, some were tortured, says citizens’ report”, (13 February 2020), online:
Svetlana Erpyleva, “Active citizens under Eighteen: minors in political protests” (2021) 24:9 Journal of Youth Studies 1215–1233.
The Guardian, “At least 58 Iranian children reportedly killed since anti-regime protests began”, (20 November 2022), online:
The Hindu, “Dilli Chalo: Children, too, among farmer families protesting at Singhu border” (17 December 2020), online:
The Hindu, “Ensure children are not involved in protests, rights body tells DGPs” (14 December 2019), online:
The Hindu, “Haldwani protests | NCPCR objects to ‘use of children’”, (5 January 2023), online:
The Hindu, “Hijab not an essential practice of Islam, rules Karnataka High Court”, (15 March 2022), online:
The Hindu, “It’s official. Three farm laws scrapped”, (2 December 2021), online:
The Hindu, “Karnataka hijab ban | SC to consider listing Muslim students’ plea before three-judge Bench”, (23 January 2023), online:
The Hindu, “Protecting children’s right to protest”, (18 February 2020), online:
The Hindu, “Provocative sloganeering: Boy at the PFI rally traced to Palluruthy”, (26 May 2022), online:
The Hindu, “Report admonishes NCPCR for its Shaheen Bagh directive”, (10 February 2020), online:
The Hindu, “21-year-old Arya Rajendran, youngest Mayor in the country, sworn in”, (28 December 2020), online:
The Indian Express, “How hijab controversy made Muslim women students in Karnataka leave public institutions, and move to private colleges they can ill afford” (9 January 2023), online:
The Indian Express, “Karnataka: As row goes on, many students in hijab sent back by schools, parents protest”, (16 February 2022), online:
The Indian Express, “No hijab, saffron scarves in our schools, colleges: Karnataka Minority Welfare Dept”, (18 February 2022), online:
The Indian Express, “Over 1,000 Muslim girls dropped out of PU colleges in Karnataka during hijab controversy: PUCL report”, (9 January 2023), online:
The New York Times, “Protesting Climate Change, Young People Take to Streets in a Global Strike”, (20 September 2019), online:
The Times of India, “No child’s play: Bal Panchayat raises real issues”, (8 April 2019), online:
The Wire, “CJI’s Remarks on Women Farmers Are an Assault on Human Agency and Constitutional Rights” (14 January 2021), online:
The Wire, “Karnataka Hijab Row: Now, School Students in Saffron Scarves Chant ‘Jai Shri Ram’ in Protest” (5 February 2022), online:
The Wire, “Reckless’: DCPCR Slams NCPCR’s Take on Children’s Homes Associated With Harsh Mander”, (29 July 2021), online:
The Wire, “‘Sedition’ for School Play on CAA: Student’s Dialogue ‘Insult to PM’; Parent, Official Arrested”, The Wire (30 January 2020), online:
The Wire, “The Supreme Court Also Needs to Protect the Rights of Children Who Protest”, (2 November 2020), online:
UNICEF, “UNICEF calls for the protection of children and adolescents amid public unrest in Iran”, online:
UNICEF, “Waves of protests around the world are reminder that voices of children and adolescents must be heard and their rights protected”, online:
Varadan, Sheila, “The Principle of Evolving Capacities under the UN Convention on the Rights of the Child” (2019) 27 International Journal of Children's Rights 306.
Wyness, Michael, “Children, Childhood and Political Participation: Case Studies of Young People’s Councils” (2001) 9 International Journal of Children's Rights 193.
Published
2023-05-10
How to Cite
PODDAR, Rongeet.
Political Participation of Minors in India: A Critical Perspective from the Prism of the UNCRC.
Lentera Hukum, [S.l.], v. 10, n. 1, p. 73-110, may 2023.
ISSN 2621-3710.
Available at: <https://jurnal.unej.ac.id/index.php/ejlh/article/view/37058>. Date accessed: 27 sep. 2023.
doi: https://doi.org/10.19184/ejlh.v10i1.37058.
Section
Articles
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
