Law Commission of India stated the need to enforce basic care and assistance to children below the age of six years. The right shall form a basic one which can be done by amending the Constitution of India so that it can be ensure that children below six years of age are protected from all sorts of neglect, harm and exploitation.
At present The Right of Children to Free and Compulsory Education Act, 2009 (in short Right to Education Act) which provides for free and compulsory education to all children of the age of six to fourteen years has a provision in Section 11 which states as follows:"With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children. Apart from this provision, there is no comprehensive legislation to cater the educational needs of children below the age of six years. However there are other Acts which deal with social welfare of children in the matter of employment. But we surely lack a law which provides for the most needed care, rehabilitation, health and education for children below six years of age.
The Commission has already submitted its report to the Ministry of Law, in which there is recommendation to amend Right to Education Act so as to create a statutory authority for all kinds of childhood development and promotion. It also recommended adding the right as one of the fundamental right under Part III of the Constitution. Article 45 of the Indian Constitution which comes under Directive Principles of State Policy will cover all children below age of fourteen years for free and compulsory education. At present Article 21A of the Constitution of India which is a fundamental right guarantees free and compulsory education to every child of the age of six to fourteen years. So let us hope that the State adopt the report of the Law Commission to make or amend laws to enforce the rights of children below six years of age.