Author: Shalini Shukla, S.S. Khanna Girls’ Degree College a Constituent College of the University of Allahabad
- Abstract: In this article, I analyse several clauses about child labour and a legal framework for the protection of children as well as their rights as guaranteed under the Constitution. In India, there are various laws to prevent child labour one of the most important pieces of legislation which prohibits child labour is The Child Labour (Prohibition & Regulation) Act, 1996. Child labour possess a significant challenge in India. It is a complicated issue with strong roots in poverty and illiteracy. Due to illiteracy children are unaware of their right to education as guaranteed under Article 21A of the Constitution of India. Children are the most vulnerable category. Due to poverty, the parents cannot afford the studies of their children and make them earn their wages from an early age. The consequences of child labour are that children are exposed to accidental and other injuries at work. Such injuries like cuts, burns, fractures and tiredness etc. This article also focuses on that in the absence of proper compliance of the laws, child labour in India is continuing.
- Keywords: Child Labour, Child Rights, Constitution of India 1950, Causes of Child Labour, Types of Child Labour, The Child Labour (Prohibition & Regulation) Act, 1996, Worst forms of Child Labour Convention 1999.
- Introduction: “Pt. Jawaharlal Nehru considers the child as one of the greatest assets for the nation” The Child is generally considered to be a person who is less than 14 years of age and less developed, immature and cannot understand and cannot understand the consequences of any work, and not aware of their rights. Children represent one of the most precious gifts to humanity, and childhood itself is a crucial and formative time in human development, shaping the future of society. Unfortunately, various forces and circumstances often push children into the workforce at a young age, which ultimately harms both the individual child and the broader community.
Children play a crucial role in the building of our nation. We all must work together to ensure their protection and well-being. As caring individuals, it is our responsibility to provide support for children, who are innocent and vulnerable. To foster the growth and advancement of our communities, we must prioritize the education of the children. Unfortunately, many children face serious challenges such as child labour due to the poverty and illiteracy. The child labour is the form of labour that involves some form of physical, mental, economic, or social exploitation of children between the age of 5-14 years old. Child labour is the global problem.
Child labour can be defined as when children are made to work, either part-time or full-time, to earn money. This work often takes away their chance to go to school and enjoy their childhood. It can also harm their physical and mental well-being.
- International Convention: International Labour Organization Conventions Minimum Age Convention, 1973 and Worst Forms of Child Labour Convention, 1999 are the two Core Conventions that directly address child labour. These two Core Conventions have been ratified by India. Worst Forms of Child Labour Convention 1999 it held in Geneva on 17 June 1999. This convention prohibits the child labour.
- Types of Child Labour in India: The different nature of Child Labour in India includes:
- Industrial Child Labour: In India, many children under 18 works in industries, especially in small businesses. Over 10 million children, including 4.5 million girls aged 5 to 14, are employed in unorganized sectors like garment factories, brick kilns, farms, fireworks, and diamond industries. This is known as the Industrial Child Labour.
- Domestic Child Labour: In India 74% of children are domestic workers. They include both boys and girls who work as domestic helper in rich families to take care of daily chores. Domestic work includes cooking, cleaning, laundry and other domestic chores. Due to engaged in this work children are deprived their right to education. Which is the fundamental right of every child to obtain education as given by our Constitution.
- Bonded Child Labour: A child who is compelled to work under harsh conditions to settle their parents’ or guardian’s debts is known to be caught in bonded child labour. While the incidence of this form of exploitation has notably decreased in recent years due to robust governmental measures and laws against it, it continues to exist in hidden forms, especially in remote areas. Children in rural communities involved in agriculture are particularly vulnerable to this type of labour.
- Forced Child Labour: A child who is compelled to work under harsh conditions to settle their parent’s or guardian’s debts is known to be caught in bonded child labour. While the incidence of this form of exploitation has notably decreased in recent years due to robust governmental measures and laws against it, it continues to exist in hidden forms, especially in remote areas. Children in rural communities involved in agriculture are particularly vulnerable to this type of labour.
- Causes of Child Labour: There are some causes of child labour which are as follows:
- Poverty: Poverty is the primary cause of child labour in India. For many families grappling with financial hardship, the necessity of survival often compels them to depend on their children’s earnings. Parents in these situations find it challenging to meet even the most basic needs—food, shelter, and clothing—and thus see child labour as a crucial means of making ends meet. The grim reality is that many parents simply cannot afford educational opportunities for their children, leading them to enter the workforce at a remarkably young age. They are all too familiar with the heartbreaking losses that poverty can bring, and as a result, they send their young ones to work in factories, homes, and shops to help boost the family’s income as quickly as possible. These choices, while born from the necessity of survival, take a heavy toll on the physical and mental well-being of children, robbing them of their childhood far too soon.
- Lack of Education: The absence of quality education is a significant barrier to breaking the cycle of child labour. Many children in India do not have access to proper schools, or if they do, the quality of education may be subpar. When quality education is not accessible, children are more likely to enter the workforce prematurely. Due to the lack of education child are not aware of their right to education which is given by our Constitution.
- Poor Compliance of Laws: Poor compliance with the laws is a significant cause of child labour. When governments fail to enforce legislation, employers exploit loopholes and insufficient penalties to continue using child workers in hazardous conditions. Weak monitoring systems and corruption enable illegal practices to thrive, undermining efforts to protect vulnerable children. Families, often impoverished, are forced to allow children to work under exploitative conditions. Inconsistent law enforcement discourages communities from reporting violations, further perpetuating child labour cycles. Strengthening legal frameworks and ensuring strict compliance are essential to eliminate exploitation, safeguard children’s rights, and break the cycle of poverty that fuels child labour across society.
- The Child Labour (Prohibition & Regulation) Act,1996 – The preamble of this Act says that “An Act to Limit the Use of Children in Positive Employments and to Regulate the Conditions of Work of the Children in Certain Different Employment”.
The Child Prohibition Act 1996 was enacted with the primary aim of eradicating the exploitation of children in the workforce, particularly in hazardous industries. This legislation was a significant step forward in the fight against child labour by establishing clear guidelines and strict prohibitions on the employment of minors in occupations that could endanger their physical, mental, or moral well-being. The Act defines hazardous work and sets minimum age limits for employment, ensuring that children are not exposed to dangerous environments that could impede their growth and development.
Under the Act, employers found guilty of violating its provisions face stringent penalties, including fines and imprisonment. This serves as both a deterrent against the recruitment of child labour and a safeguard for children’s rights. Additionally, the Act mandates regular inspections and monitoring by relevant authorities to ensure compliance. It also emphasizes the importance of education by promoting measures that help reintegrate children into the schooling system when they are withdrawn from abusive work environments.
The Act prohibits employing children under 14 years and expressly bans them from engaging in dangerous jobs or operations. It specifically restricts minors from 16 activities and 65 processes that could harm their health and mental well-being. Additionally, the Act outlines the industries where child labour is permitted and enforces strict penalties for employers who violate these rules, including monetary fines and imprisonment. Notably, family units and training centres are exempt from its provisions. Any violation of the Act can lead to imprisonment for a period ranging from three months to one year, along with fines between Rs. 10,000 and Rs. 20,000.
Thus, it is a most important legislation and plays a very crucial role in prohibiting child labour in India.
- Constitutional Safeguards for Child Labour: The Indian Constitution has given certain provisions for the protection of the rights of children. Some of them are as follows-
- Article 15(3) of the Indian Constitution says that nothing in this article prevents the State from making any special provision for women and children. Thus, this article empowers the State to make special provisions for the children.
- Article 21A of the Indian Constitution says that the State shall provide free and compulsory education to all children of age 6 to 14 years in such manner as the State may, by law determine. The right to education is a fundamental right.
It is important to note that the right to education which was provided under Article 21A, before its introduction in 2002, was recognized as a part of the Right to life under Article 21 by the Supreme Court in the case of Unnikrishnan, J.P. v. State of Andhra Pradesh (1993). Therefore Article 21 is a significant provision that can be considered as an aiding provision to Article 24 of the Indian Constitution.
- Article 23 of the Indian Constitution prohibits traffic in human beings and beggars and other similar forms of forced labour.
- Article 24 of the Indian Constitution says that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. This is a very important constitutional provision which prohibits child labour in hazardous employment.
- Conclusion: I concluded that child labour is a serious problem in India. The main causes of child labour are poverty and lack of education. The parliament also made a law to tackle this problem. India has a comprehensive legal framework to combat child labour and protect children’s rights. Laws such as the Child Labour (Prohibition and Regulation) Act. However, due to poor compliance of the laws child labour still exists in India. The parents of these children who are engaged in child labour are not aware that their children also have the right to education which is given by our Constitution. It is the fundamental right of all children which guarantee free and compulsory education for children between the ages of 6 to 14 years. We can eradicate child labour by spreading awareness and making parents aware of their child rights whose children are engaged in child labour. Strengthening law enforcement, increasing awareness, and ensuring proper rehabilitation measures are crucial for fully eradicating child labour and safeguarding children’s future in India.
- FAQs:
- Is there any law in India which prohibits child labour?
Ans: Yes, there is the Child Labour (Prohibition & Regulation) Act, of 1996 which prohibits child labour in India.
- What is child labour?
Ans: Child labour is when children are forced to work at a young age, often in harmful conditions, instead of getting an education.
- At what age is child labour illegal in India?
Ans: It is illegal to employ children under 14 years in any job, especially in hazardous work.
- What punishment do employers face for hiring child labour?
Ans: Employers can face imprisonment from three months to one year and fines between Rs. 10,000 and Rs. 20,000.
- How can child labour be reported in India?
Ans: Child labour can be reported to local authorities, child helplines (1098), or NGOs working for child welfare.
- References:
- Laxmi Priya Soni, A legal critical analysis of Child Labour (Prohibition and
Regulation) Act, 1986, 2022, https://lawbhoomi.com/a-legal-critical-analysis-of-child-
labour-prohibition-and-regulation-act-1986.
- Ratna Binodini Amiya Priyadarshini Das, Child Labour in India: Legal and Constitutional Provisions, 4 IJRPR, 608, 609-610(2023). https://ijrpr.com/uploads/V4ISSUE8/IJRPR16093.pdf
- Mamta Rao, Law Relating to Women and Children (4th edition EBC 2022).
- S.C. Srivastava, Child Labour Laws and its implementation (1st edition ULP 2016).
- https://www.rostrumlegal.com/child-labour-and-child-rights/
- https://lawbhoomi.com/a-legal-critical-analysis-of-child-labour-prohibition-and-regulation-act;1996.
- https://unacademy.com/content/bpsc/study-material/labor-and-social-welfare/child-
