Protecting Children’s Rights: Urgent Need for Legislation in Political Campaigns
By Namrata. A.
It is the duty of the government to ensure that the rights of children are protected, and it is also the responsibility of parents, schools, and legal guardians to protect the rights of children.
In the lead-up to the 2024 general elections in India, a trend has emerged raising ethical concerns about the use of children in political campaigns. The Election Commission of India (ECI) has issued guidelines to political parties to refrain from using children in election campaigns and has adopted a “zero tolerance” approach on the matter. Exploiting children for political gain is a distressing issue that demands immediate attention. This practice raises fundamental questions about the well-being of children.
The strict guidelines of the ECI state that parents are not allowed to engage children in any form of campaign, and the use of children through reciting poems, songs, or displaying symbols of a party or candidate, or criticizing opposing parties, will not be allowed. Political parties and candidates are abusing children for campaigns. Without knowing the consequences, children are being forced to take part in rallies and house-to-house campaigns in the hot sun. They are being used as human banners and carriers. Children are being exploited during political campaigns, which constitutes a violation of their rights.
Children are affected by campaigns directly and indirectly. Elections, which provide opportunities for civic education and democratic rights and values, are being used to manipulate children for political needs. A child is not a tool but a citizen with rights, yet their rights are being violated and exploited for political gain. Politicians are playing with the emotions of voters by involving children in political events, which is against the guidelines of the ECI. Political games are played behind the scenes of safeguarding children, through school visits and the appearance of children in rallies and ads. It is not clear whether there is real communication or manipulation with the use of children.
Campaigners and party members have a significant responsibility towards the protection and welfare of children. Using them as instruments for political gain disregards their well-being and violates their rights, as well as principles of ethically responsible political conduct.
Recent Cases
A recent incident in Kashmir has alleged the use of children for campaigning by PDP president Mehbooba Mufti, which brought the issue of minors being used and exposed to potential harm and manipulation to light. In Srinagar, children are being used as pawns by politicians, for which they are also being paid, leading to their employment, which is child labor. Children below 18 cannot enter into a contract, and child labor is an offense in India. This leads to tarnishing the innocence of children and betraying their trust.
Children below 18 in Srinagar are being forced to take part in election rallies, carry banners and posters, shout slogans, and participate in election meetings. This remains the silent witness to the darker side of politics. This incident isn’t isolated; children being pushed into such activities has been ongoing for a long time.
Taking this incident into consideration, the apex child rights body National Commission for Protection of Child Rights (NCPCR) has asked the Election Commission of India (ECI) to initiate a probe into the alleged use of school-going children by Mehbooba. The Election Commission has directed all election officials and machinery to refrain from involving children in election-related work and activities. The District Election Officer would be held responsible for ensuring acts and laws about child labor are followed and would face disciplinary action for any violation of the law.
Impact of Political Campaigns on Children
It is important to note that young children do not give or provide consent to be part of political campaigns. Without their consent, they become a prop that candidates employ to convey a certain message, helping to catch the attention of family-oriented voters. The misuse and manipulation of children in political campaigns have deep historical roots linked to larger political movements. In Bangladesh, the involvement of children is troubling, leading to additional threats to a child’s well-being. The usage of smartphones and television among children without proper attention aggravates this challenge.
Children being exposed to the complexities and pressures of political campaigns have a strong and lasting effect on their emotional and psychological development. Because of children being pawns in the political game, their childhood innocence is compromised, robbing them of their carefree environment.
By using children for political campaigns, politicians directly violate various domestic and international laws, leading to the exploitation of children’s rights aimed at safeguarding them. Children are being subjected to political propaganda, infringing on their rights to a safe and nurturing environment, which leads to potential harm. Politicians hold significant ethical responsibilities towards the public and children to protect their welfare. Using children for political gain disregards their well-being and undermines the principles of ethically responsible political conduct.
The principle of “3 Ps” referred to as Provision, Protection, and Participation, is applicable to political campaigns. Children have the ability to make decisions regarding participation and decision-making processes. It’s the responsibility of parents, guardians, adults, and the state to protect the vulnerable side of children. Consent from the child, parent, and legal guardian is very important. Parents and school administrations should be careful while giving consent and should know the difference between the participation of a child and the exploitation of a child’s rights during campaigns. They should be conscious while approving and denying the involvement of the child.
Importance and Awareness of the Use of Children in Campaigns
Awareness should be increased regarding the involvement of children in political campaigns and the ethical implications of it. The public and other stakeholders should be educated about the effects of this practice and should work to cancel this culture of campaigning to protect child rights.
Elections affect both the present and future of children. As adults, they grow up in a political environment where politics plays a key role. Children are being directly involved in politics and need to understand the nature of political campaigns. Children can have different views on politics; it might be contradictory or developing towards political interests.
Awareness can be increased by organizing workshops in schools and educating children about the current situation and laws related to it. By educating the public about the misuse of children in campaign activities and manipulation of children through social media platforms, voters will be more aware of the exploitation of children’s rights and will be in a better position to critically examine, evaluate, and take action against these activities.
Without the consent of children, politicians cannot use children as tools or decorations for political gain. Ethical campaigning should be encouraged, and discussions about the ethical use of children in political advertisements, including rallies, school visits, etc., will lead to more ethical campaign practices. Children may not understand the implications of participating in campaigns and are usually influenced by adults, which leads to the infringement of their ability to give consent. There is always a risk of exploitation of children’s rights for political gain, evoking emotional responses from voters without understanding the situation fully.
Exploitation of children in political campaigns can be solved by taking legal action against it. Politicians, campaign organizers, and individuals involved in this unethical practice must face future consequences. The implementation of strict penalties and regulations can help deter such practices and send a strong message about the rights and well-being of children, which shouldn’t be compromised for political gain.
Collaboration with child protection organizations and NGOs can address this issue effectively. These organizations play a vital role in securing child rights, providing support systems, and raising awareness about the exploitation of minors. By actively supporting these organizations, politicians can demonstrate their commitment to the well-being of children.
Public involvement can put pressure on political parties and campaigners against this unethical practice. Through social media campaigns, public discussions, conferences, and workshops, awareness can be raised, demanding action against this political agenda. By working collectively, we can build a responsible democratic society that prioritizes the welfare and rights of children and ensures they are protected from the harmful influences of politics, preserving their innocence and nurturing a safe environment.
By eliminating the exploitation of minors and implementing action against this issue, we can ensure the well-being of children, which should remain a top priority in the political sphere. This can demonstrate a commitment to respecting and protecting the rights of future generations.
According to press reports, the ECI has warned politicians not to use children in any election-related work, and strict legal actions will be taken against those who do. There are laws regulating and protecting children in various activities, including political campaigns, to safeguard their rights and welfare. Child labor laws mention that children below 14 years of age cannot be involved in any form of labor activities, and NCRCR and UNCRC abide by this. These laws should be strictly followed by campaign organizers to avoid legal actions and to ensure that children’s rights are protected and not infringed upon.
Media has a responsibility to report incidents involving the use of children in political campaigns, ads, rallies, etc. They also have the right to question politicians and the government concerning the privacy and rights of minors. Advocacy groups play a role in educating the public and campaigners about the protection of child rights in the political arena. This can also lead to the framing of better policies and practices for protecting children.
Legal Action Against Politicians for Using Children in Campaigns
- Complaints and Investigation: Election authorities have the power to initiate investigations based on complaints from opposing parties, the public, NGOs, etc. The aim of these investigations is to determine the violations of the Model Code of Conduct (MCC).
- Warning and Notices: Election authorities have the power to issue warnings and notices to the candidate and party if found violating the MCC. These notices can lead to the cessation of their license and a public apology.
- Fines and Penalties: Violation of the MCC imposes fines and penalties on the candidate and party, with the fines varying depending on the violation and regulations.
- Disqualification of Candidates: In serious cases of MCC violations, candidates may face disqualification from the election.
- Criminal Charges: If found exploiting the rights of children and invading their privacy, politicians may face criminal charges that can lead to prosecution and imprisonment.
Conclusion
In conclusion, this is a critical issue requiring immediate attention and strict legislation. It is the duty of the government to ensure that the rights of children are protected, and it is also the responsibility of parents, schools, and legal guardians to protect the rights of children. Consent is very important, and the government should ensure that without a child’s consent, they are not forced to be involved in campaign activities. It is important for politicians to strictly follow the guidelines of the Election Commission of India (ECI) and the Model Code of Conduct (MCC).
Namrata. A. is Law student at St Joseph’s College of Law and currently working as Policy Advocacy and Research Intern with SarkariSchool.in. Please write your comment at [email protected].
References
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