FROM PREAMBLE TO PROTECTION: LEGAL ACTORS AS CONSTITUTIONAL CUSTODIANS OF CHILDHOOD

Abstract

The Indian Constitution enshrines a vision of justice, equality, and dignity that extends to every citizen, including children often the most vulnerable and voiceless members of society. This research paper critically explores how legal actors, particularly the judiciary and advocates, function as constitutional custodians in ensuring the protection and welfare of children in India. Anchored in the values of the Preamble and reinforced by fundamental rights and directive principles, the paper analyses the evolving doctrine of constitutional morality as it pertains to childhood. By examining landmark judicial pronouncements, the proactive use of Public Interest Litigation (PIL), and the growing involvement of legal professionals in child rights advocacy, the study highlights the legal fraternity’s pivotal role in advancing a child-centric justice framework. Furthermore, it investigates the alignment (or lack thereof) between statutory frameworks such as the Juvenile Justice Act, POCSO Act, and constitutional ideals. It also critiques institutional and procedural shortcomings that hinder meaningful access to justice for children, including delays, insensitive procedures, and limited awareness among legal practitioners. Drawing from both jurisprudence and socio-legal analysis, the paper ultimately argues that courts and advocates must embody constitutional morality not just in letter but in spirit—through empathy, vigilance, and child-sensitive practices. The study proposes reforms in legal education, advocacy norms, and court processes to better serve the constitutional promise made to every child. This approach reinforces the need for legal actors to act not merely as interpreters of law, but as guardians of the nation's commitment to protect childhood.