A Comparative Review of UNCRC and Indian Legislation from the Child Mental Health Perspective

Abstract

Background: The United Nations Convention on the Rights of the Child (UNCRC) is the most comprehensive set of standards promoting and protecting children’s interests. It can be utilized to create appropriate policies and legislation that enshrine the values identified in the UNCRC. In India, children have been considered only in the context of their family and were welfare recipients in the past, but more legislation has been enacted to protect and promote the child’s rights. A comparative review will help identify how the new legislation enacted after India ratified the UNCRC directly or indirectly addressed children’s mental health. Methodology: Legislation enacted after 1992 with the search term “child” was identified in the Indian national portal for legislation. These were compared against specific articles of the UNCRC identified to have a direct or indirect bearing on children’s mental health. Results: The review revealed that only 11 of the 32 legislation enacted after 1992 address different aspects of children’s mental health. Only three refer to the UNCRC in their preamble or content. Six of the 11 legislation addressed Article 24, while Article 32 and Article 34 were addressed in only one legislation each. Notably, most of the legislation is focused on child protection, while very few address the participation component of the guiding principles. Discussion: The UNCRC is a valuable guide to creating a legal framework to support child rights. This review highlights the need to consider children’s mental health as a fundamental right and incorporate the principles into future Indian legislation.