• Ujjwala Sakhalkar

Human rights of children have been posing serious challenges to the social reformers, legislators, policy makers and for all those who are concerned with child rights issues. There are several safeguards in the international human rights framework but implementing them in right spirit is still a challenge. Another problem in international human rights law is the hard and soft law, which is difficult to understand and may cause complexity. India is signatory to major human rights instruments. The Indian Constitution stands for protecting all its citizens and give justice to them including children. They due to their tender age and intelligence enjoy extraordinary status. It places the state under a responsibility to make special laws for protecting their rights. Most of the human rights which are spelled out in the international human rights framework do find place in part III and part IV of the Constitution. One of the challenging situations of safeguarding the interest of the children arises when they come in conflict with law or when they need utmost care and protection owing to the hard circumstances they are positioned in. Than the Juvenile justice system comes in picture along with the other constitutional safeguard. Amongst the other rights one of the rights which is given utmost significance is ‘right to participation.’ This right is the very moral fiber of the existence of the children. This article makes an attempt to analyze how child participation in the process of wellbeing of the child is understood and implemented. It explores how efforts for child protection at the international and national level is recognized, allowing them to express their views and opinion in the decision making process. The author also elaborates on the various factors to be taken into consideration while giving importance to the views of the children which will definitely have bearing on their reformation and rehabilitation. In the end suggestions are also given to enable child-sensitive procedure paving way to other human rights also.

Right to participate, Juvenile Justice System, Human Rights, Right to Access to Justice

"CHILDREN’S RIGHT TO PARTICIPATE UNDER THE JUVENILE JUSTICE SYSTEM: HUMAN RIGHTS PERSPECTIVE", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 6, page no.428-434, June-2019, Available :http://www.jetir.org/papers/JETIR1906351.pdf

"CHILDREN’S RIGHT TO PARTICIPATE UNDER THE JUVENILE JUSTICE SYSTEM: HUMAN RIGHTS PERSPECTIVE", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 6, page no. pp428-434, June-2019, Available at : http://www.jetir.org/papers/JETIR1906351.pdf