Let Them Be Children: Religion, Coercion, and the Constitutional Duty to Protect Childhood.

Abstract

On 11th May 2024, an 11-year-old boy from Karnataka, Hridhan, decides to embark on a new path in life. He decides to leave his home, his education, and his parents to become a monk. His parents supported his decision and organised a grand ceremony where the boy got a haircut for the last time in his life. After this, he will pluck out his hair, bearing the pain one would not want an 11-year-old to endure. His name was altered, and so was his life. He declared life to be a frivolity before exploring what life is. The entire Jain community widely praised the boy for taking a step in the right direction. A research study done by Prof Santhosh Kumar of Trinity International University showcases that 42 per cent of people in India were forced to do religious practices at their home, and if they didn’t obey to parents’ imperious demands, they were shamed or ridiculed. While some households are moderate in household practices, often the whole life of children gets agonised and affected as discussed in the case of Hridhan. The saints or religious sects frequently justify their actions by asserting that the child undertook initiation out of their own free will. However, genuine free will necessitates a degree of cognitive maturity, the ability to discern between right and wrong, which a child is generally not developmentally equipped to possess. Research indicates that by age 18, individuals typically reach a level of cognitive maturity sufficient for many adult responsibilities. Children are often told what to believe, not taught how to think, and in the name of faith, their voices are lost before they’re even found. The article examines the pervasive issue of religious coercion imposed upon children in India, whether at home, through religious ceremonies and even at educational institutions. The article aims to challenge the notion of voluntary religious consent in childhood and how such decisions may alter the upcoming life of minors, as well as how religious practices hinder their development. The article calls for urgent legal reforms and stronger state intervention to protect childhood, ensure secular education, and uphold children’s autonomy against imposed religiosity.