ABSTRACT
There are peculiar aspects of nature that are hard to understand. We have been blessed with an abundance of views and experiences by nature. But in nature, humans are merely the most potent and alluring component. While humans are endowed with wisdom and intelligence, these attributes are not applied equally by them. The goal of one guy is to rule the other. Strong men enjoy wealth, power, influence in politics, and social standing. In their quest for dominance, they try to subjugate one another. There is a rift in society as a result of this drive for power, which might be strong or weak. The caste and Varna systems have divided society into various social classes. While certain groups are denied privileges like power and position, other groups enjoy these benefits. We refer to these categories as the weaker parts collectively. These marginalised groups are denied their rights. Child work is a serious problem that many developing nations, including India, face. It’s a complicated issue with strong roots in the socioeconomic system, poverty, and illiteracy. The Indian Constitution, which is the ultimate law of the land, forbids child labour and includes measures for the welfare and protection of children. This paper examines the several clauses pertaining to child labour and the legal actions taken to end it that are included in the Indian Constitution and other statutes.
KEYWORDS– Child labour, Indian Constitution, Child Labour Act, Human Rights, Factories Act.
INTRODUCTION
Children are among the most vulnerable categories. They depend on their elders for their existence. The children wouldn’t be able to distinguish between good and wrong. The children’s bodies, minds, and organs are so delicate that they require particular protection. The problems facing the kids are varied. Consequently, certain rights have been bestowed upon children who are facing difficulties on a global scale. Raising a child and preparing him to be a good citizen in the future is society’s duty. It is the responsibility of society to provide resources for recreation, decent food, clothing, shelter, education, and good health. Most societies disregard their responsibilities to their children.
INDIAN CONSTITUTION
Child labour is a complex issue that has drawn attention worldwide due to its detrimental impact on children’s rights and development. The Indian constitution acknowledges the gravity of child labour and includes provisions to address this issue. One such provision is Article 24, which prohibits the employment of children under the age of 14 in any hazardous occupations. Additionally, Article 39 of the Indian constitution directs the state to ensure that children are not forced to enter work at a young age and are provided opportunities for education and physical and mental development. However, despite these constitutional provisions, child labour remains prevalent in India, particularly in sectors such as agriculture and the carpet industry. This persistence of child labour can be attributed to a combination of factors, including poverty, the need for income within families, and inadequate enforcement of existing laws and regulations. The Indian constitution recognizes the dangers and harms of child labour but its prevalence persists due to socio-economic factors and inadequate enforcement of existing laws. Child labour is physically, mentally, socially, and morally dangerous and harmful to children. Despite constitutional provisions, child labour continues to be prevalent in India, especially in hazardous industries. The Indian constitution has made efforts to address child labour by prohibiting the employment of children in hazardous occupations and emphasizing the importance of education and development for children.
Fundamental Rights and Child Labour
Hence, in spite of a standing constitutional fundamental right that prohibits child labour, there has been a disturbing rise in the number of working street children over the years.There is a clear contradiction between the constitutional fundamental right that prohibits child labour and the reality of the increasing number of children working on the streets. This contradiction raises concerns about the effectiveness of the existing laws and regulations in India in addressing the issue of child labour. Despite the existence of a constitutional fundamental right that prohibits child labour, India has witnessed a troubling increase in the number of street children engaged in work. This points to a failure in the enforcement and implementation of child labour laws, highlighting the need for stronger measures to address this issue. The Indian Constitution provides a fundamental right that prohibits child labour.
Article 21A- The Fundamental Right to Protection Against Child Labour
Article 21A of the Indian Constitution guarantees the fundamental right to protection against child labour. No child under the age of 14 shall be employed in any hazardous occupation. Children’s rights must be protected by preventing child labor and ensuring their well-being and development. However, despite this constitutional provision, there has been a disturbing rise in the number of working street children over the years. Child labor in India has been a persistent issue, despite constitutional provisions and international conventions. The prevalence of child labor is linked to poverty, family debt, and the lack of consistent enforcement of laws. Concerns also arise from India’s failure to ratify key International Labour Organization Conventions. Additionally, efforts have been made through legislative actions such as the Bonded Labour System Act and legal interventions like the Asiad Workers case to address these challenges. Despite the presence of a constitutional fundamental right that prohibits child labour in India, there has been a worrying increase in the number of street children engaged in work despite the constitutional fundamental right that prohibits child labour in India, there has been a concerning increase in the number of street children engaged in work.
This highlights the need for stronger enforcement and implementation of child labour laws, as well as addressing the root causes of child labour such as poverty and family debt. Furthermore, the Indian government should prioritize initiatives that promote access to education and social protection for vulnerable children in order to prevent them from being forced into labor. India’s constitution includes Article 21A, which guarantees the fundamental right to protection against child labour. However, despite this constitutional provision, there has been a worrying increase in the number of street children engaged in work. This highlights the need for stronger enforcement and implementation of child labor laws, as well as addressing the root causes of child labor such as poverty and family debt.[1]
Article 24 -Prohibition of employment of children in hazardous occupations
The Indian Constitution’s Article 24 forbids the employment of minors younger than fourteen in mines, factories, or other dangerous jobs. Adopted on December 3, 1948, this article was incorporated into the Indian Constitution in 19501. “No child under the age of fourteen shall be employed to work in any factory or mine or engaged in any other hazardous employment,” the article declares. This clause guarantees children’s right to education and a healthy upbringing while shielding them from exploitation.This is a fundamental right under the constitution and is enforceable by the courts.”[2]
Article 24 of the Indian Constitution, which is enshrined in Part III dealing with the fundamental rights, aims to protect children from exploitation and ensure their right to a safe and healthy childhood. This provision prohibits the employment of children below the age of 14 years in any factory, mine, or hazardous work conditions. It reflects the progressive vision of the Indian Constitution, which recognizes the importance of safeguarding the rights and interests of its most vulnerable citizens.
The spirit of Article 24 lies in its acknowledgment of the detrimental effects of child labor on the physical, mental, and social development of children. By explicitly banning the engagement of children in labor-intensive and unsafe environments, it seeks to provide them with opportunities for formal education, play, and overall personal growth. This fundamental right is a manifestation of India’s commitment to securing the future of its youth and fostering a society that values the well-being of its children.
Moreover, Article 24 places the responsibility on the State to ensure the enforcement of this provision. It empowers the government to make laws that regulate and completely prohibit child labor practices. Through appropriate legislation, the State aims to eradicate the prevalence of child labor, holding both employers and parents accountable for violating this constitutional provision. By employing a multi-faceted approach involving education, awareness campaigns, and penalties for non-compliance, the government endeavors to create a society that respects and protects the rights of children.
While Article 24 sets clear boundaries on child labor, it also recognizes certain exceptions to these restrictions. In cases where a child is engaged in non-hazardous work or as part of a family enterprise, subject to certain conditions, the constitutional restriction may not apply. These exceptions allow children to help their families economically while ensuring that they are not exposed to hazardous or exploitative conditions, thus striking a balance between protection and economic realities.
Directive Principles of State Policy and Child Labour
The Directive Principles of State Policy (DPSP) and the issue of child labour are two interconnected facets of a country’s governance and social responsibility. These principles are included in the Constitution to guide the state in policy-making and welfare development. The DPSP aims to create a just society by providing guidelines for the state to promote the welfare of its citizens. On the other hand, child labour is a grave problem in many developing countries, where children are forced to work in hazardous conditions, depriving them of their basic rights. This essay analyzes the relationship between the DPSP and child labour, exploring how the principles can play a crucial role in eradicating this social evil.
Firstly, the DPSP enshrined in the Indian Constitution places the responsibility on the state to secure and protect the rights of its citizens, including children. Article 39 provides for children’s welfare, stating that the state shall direct its policy towards securing “that the children are given opportunities and facilities to develop in a healthy manner, and in conditions of freedom and dignity.” This article emphasizes that children have the right to education, health, and moral and material well-being. It acknowledges the importance of their holistic development and the necessity of an enabling environment that ensures their growth. It also states that children should not be forced by economic necessity to enter occupations unsuited to their age or strength.”[3]
Secondly, Article 45 specifically highlights the state’s responsibility to provide free and compulsory education for all children until they reach the age of fourteen years. By ensuring access to quality education, the state can remove economic barriers that force children into labor and provide them with the knowledge and skills necessary for a better future. Education acts as a powerful tool in combating child labor by empowering children and equipping them to break free from the cycle of poverty. This provision further strengthens the constitutional framework for the protection of children from being exploited through labour.”[4]
CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
Child labour is a pressing issue that continues to plague many developing countries, causing irreversible damage to children’s lives and impeding their access to education and a bright future. In recognition of the severity of this problem, the Indian government enacted the Child Labour (Prohibition and Regulation) Act in 1986. This pivotal legislation aims to prevent child exploitation by prohibiting the engagement of children in hazardous occupations and imposing regulations on the working conditions of children. By delving into the key provisions and objectives of the act, this essay investigates the impact of the Child Labour (Prohibition and Regulation) Act of 1986 in addressing child labour and ensuring the well-being of children across India.
The Child Labour (Prohibition and Regulation) Act of 1986 sets a fundamental objective: to prohibit the employment of children below the age of 14 in specified hazardous occupations. This drastic measure is designed to safeguard children from potentially life-threatening situations and protect their physical and mental well-being. Furthermore, this legislation prohibits the employment of adolescents, aged 14 to 18 years, in hazardous occupations that are dangerous to their health and safety. By acknowledging the vulnerability of children and establishing a robust legal framework, the Act aims to ensure their protection from exploitative labor practices widely prevalent in traditional industries.
It is essential to highlight that the law not only focuses on prohibiting child labour but also endeavors to regulate the working conditions of adolescents between the ages of 14 and 18 years. The Act mandates that any establishment employing adolescents must adhere to specific conditions, such as working hour limitations and provision of a safe working environment. This comprehensive approach to regulating adolescent labor bridges the gap between complete prohibition and recognizing the socio-economic realities of the country, wherein older children may need to contribute to their family’s income.
Moreover, the Child Labour (Prohibition and Regulation) Act establishes the District-level Child Labour Rehabilitation cum Welfare Committees to effectively implement the provisions of the act. These committees consist of representatives from various sectors, including the government, non-governmental organizations, and local communities, working collectively to eradicate child labor. They undertake monitoring activities, rescue operations, and rehabilitation efforts, contributing to the overall success of the Act. Additionally, the act empowers the government to scale up educational interventions, ensuring access to quality education for children rescued from labor.Despite the existence of the Child Labour (Prohibition and Regulation) Act 1986, the eradication of child labor remains an arduous task. Several challenges hinder the effective implementation of the legislation, including inadequate awareness, limited resources, and weak enforcement mechanisms. The complex nature of child labor necessitates a multi-pronged approach, involving increased social awareness, stronger law enforcement, and targeted interventions for education and livelihood support. To truly combat child labor, it is crucial that all stakeholders collaborate and allocate adequate resources towards the cause.
The Child Labour (Prohibition and Regulation) Act of 1986 is a crucial legislative framework that aims to address the critical issue of child labor in India. By prohibiting children’s engagement in hazardous occupations and regulating the working conditions of adolescents, the act plays a crucial role in prioritizing children’s well-being and ensuring their access to education. While challenges persist in implementing the act effectively, it remains an imperative step towards eradicating child labor and offering a brighter future for the children of India. A concerted effort from all stakeholders is necessary to ensure that this legislation is enforced rigorously and the socio-economic conditions conducive to child labor are successfully addressed.
FACTORIES ACT, 1948
The Factories Act, 1948 is a landmark legislation in India that aims to regulate and ensure the safety, health, and welfare of workers employed in factories. However, one significant aspect of this act that deserves attention is its provisions for the protection of children working in these factories. As a graduate school student, it is crucial to comprehend the historical context, the rationale behind this act, the specific provisions dedicated to children’s welfare, and the impact it has had on their protection. Firstly, understanding the historical context is essential to analyzing the significance of the Factories Act, 1948 in protecting children. During the Industrial Revolution, child labor was rampant, with young children being exploited in factories and subjected to hazardous working conditions. The Factories Act was enacted to address this issue and set standards for workplace safety and welfare, including provisions explicitly dedicated to the protection of children from exploitation and abuse. “Under section 2 ‘Young Person’ as defined to mean person who is either a child or an adolescent.”[5] “Children cannot be permitted to perform specific tasks, according to Section 22(2). No woman or young person is permitted to clean, lubricate, or adjust any part of a prime mover or of any gearbox machinery while the mover or gearbox machinery is in motion, or to clean, lubricate, or adjust any part of any machine if doing so would put the woman or young person at risk of injury from any moving part of that machine or of any adjacent machinery.”[6]
The rationale behind the inclusion of child protection provisions in the Factories Act stems from the recognition that children, due to their vulnerability and immaturity, require additional safeguards. These provisions aim to ensure that children are not employed in factories or engaged in any work that may hamper their physical, mental, and moral development. The act also ensures that the employment of adolescents, between the ages of 15 and 18, does not interfere with their education and overall well-being. The Factories Act, 1948 contains specific provisions dedicated to protecting children in factories. It prohibits the employment of children below the age of 14 in any factory, with few exceptions for family-owned businesses. Additionally, children are not allowed to work more than 4.5 hours a day, which is followed by a mandatory rest period. The act also mandates compulsory annual medical examinations for children working in factories, ensuring they are free from any diseases or health issues caused by their work environment.
The impact of the Factories Act, 1948 on the protection of children has been substantial. Over the years, it has contributed to a decline in child labor in factories and improved the overall well-being of children in the workforce. The act has created awareness of the rights of children and sparked conversations around their protection. It has also forced employers to comply with the law and has empowered government agencies to ensure the enforcement of child labor laws more effectively.
“Section 23 forbids the employment of minors on dangerous machinery. Specifically, it states that: (1) No minor may be employed or allowed to work at any machinery covered by this section unless they: (a) have received the necessary training to operate the machinery; or (b) are under sufficient supervision by an individual who has extensive knowledge and experience with the machinery; and (2) are fully informed of the risks associated with the machinery and the safety precautions that must be taken. (2) If the aforementioned requirements are completed, the State Government may designate certain machines that, in its judgement, are too dangerous for young people to operate; in that case, Subsection (1) will apply to those machines.”[7]
BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
The Bonded Labour System (Abolition) Act of 1976, a milestone legislation in India, aimed to eradicate the heinous practice of bonded labor. This act, passed by the Indian Parliament, sought to secure the fundamental rights of individuals and abolish a system inherent in exploitation, while also advocating for the protection of child rights. As a graduate school student, it is imperative to comprehend the significance of this act and the impact it has had on the eradication of bonded labor, as well as the protection of children’s rights.
This Act aims to implement Article 23 of the Constitution, which prohibits the trafficking in human beings and the employment of beggars and other similar forms of forced labour.[8] The Act aims to combat the bonded work system, which has long been an embarrassment to Indian society and has continued to corrupt the nation’s culture even after independence.[9]
Firstly, the Bonded Labour System (Abolition) Act, 1976, sought to tackle the deeply entrenched system of bonded labor in India. By specifically defining bonded labor, this act aimed to eliminate the practice of forced labor and provide relief and rehabilitation for those affected by it. This act made it illegal for individuals to become bonded laborers or exploit others through the practice. By comprehending the complexities of this legislation, graduate students can ensure they advocate for its effective implementation and contribute towards eradicating bonded labor.
Secondly, the Bonded Labour System (Abolition) Act, 1976, lays particular emphasis on child rights. It recognizes the vulnerability of children to being forced into bonded labor and seeks to provide them with protection and support. By understanding the intricacies of this act, graduate students can actively contribute to promoting the rights of children and creating an environment where their potential is not hindered by exploitative labor practices.
Additionally, this act provides for the appointment of vigilance committees at the district and sub-district levels to ensure the effective implementation of the legislation. Graduate students, equipped with ample comprehension skills, can actively engage with these committees, contribute their expertise, and advocate for stricter enforcement. By doing so, they can work towards a country free from bonded labor and safeguard children’s rights.
Moreover, graduate school students can further enhance their understanding of the Bonded Labour System (Abolition) Act, 1976, by exploring its implications in the current socio-economic landscape. This act paved the way for significant improvements in the lives of bonded laborers and children alike. Understanding these implications can help students assess the effectiveness of the act and propose necessary amendments to address any gaps in implementation or emerging challenges.
Lastly, as graduate students, it is our responsibility to disseminate knowledge and raise awareness about the Bonded Labour System (Abolition) Act, 1976, and child rights. By conducting research, organizing workshops, and participating in advocacy campaigns, we can empower communities, policymakers, and stakeholders to actively engage with the issues of bonded labor and child rights. Through collaboration and knowledge dissemination, graduate students can contribute towards upholding the rights of individuals and fostering a society free from the shackles of bonded labor.
The Bonded Labour System (Abolition) Act, 1976, and child rights are intrinsically linked, with the former acting as a catalyst for the protection of the latter. As graduate students, it is our duty to fully comprehend the nuances of this act, advocate for its effective implementation, and work towards the eradication of bonded labor and the protection of child rights. By doing so, we can contribute to a just and equitable society that upholds human dignity and the rights of all individuals, especially the most vulnerable among us.
The Supreme Court granted the writ petition in People’s Union for Democratic Rights v. Union of India,[10] also known as the Asiad Workers case, and directed the Union of India, the Delhi Administration, and the Delhi Development Authority to take the appropriate legal action against a contractor found to be in violation of applicable labour laws and to enforce the provisions of several labour laws, including the 1938 Employment of Children Act.
THE IMPORTANCE OF CHILD RIGHTS
Child rights are an essential aspect of any society as they ensure the protection, well-being, and development of children. These rights, recognized by international law, emphasize that children are entitled to enjoy their childhood, receive education, receive adequate healthcare, live in a safe environment, and be protected from any form of abuse or exploitation. This essay explores the paramount importance of child rights, addressing how they lay the foundation for a prosperous society, promote social equality, and contribute to global development.
- Protection and Well-being: Ensuring child rights guarantees the protection and well-being of children, enabling them to grow in a nurturing environment free from violence, neglect, and exploitation. By safeguarding these rights, society acknowledges the value of each child’s life and the importance of their physical, mental, and emotional well-being. Recognizing their rights empowers children to live without fear and contribute to their communities.
- Education and Empowerment: Education is a fundamental right that equips children with knowledge, skills, and tools they need to excel academically and build a brighter future. By prioritizing education, child rights empower children to become active participants in society, fostering economic development and reducing poverty. Education also promotes critical thinking, social inclusion, and equality, nurturing well-rounded individuals capable of leading positive change.
- Eradicating Poverty and Inequality: Child rights play a vital role in eradicating poverty and reducing inequality. Providing equal access to education, healthcare, nutrition, and social welfare ensures that no child is left behind due to their socioeconomic status, gender, or disabilities. Governments and societies must actively work towards equitable opportunities to enhance social mobility and create a fairer society, breaking the cycle of poverty for generations to come.
- Protection against Exploitation and Abuse: Child rights emphasize the need for protection against all forms of exploitation, abuse, and violence. By safeguarding these rights, societies can deter child labor, trafficking, and other exploitative practices. Children who grow up in a secure and supportive environment are more likely to reach their full potential, contributing positively to society and avoiding the often detrimental long-term consequences of abuse.
- Future Global Development:Investment in child rights is crucial for sustainable global development. By prioritizing the well-being, education, and protection of children, societies lay the foundation for future generations to contribute meaningfully to national and international progress. Children are the future leaders, innovators, and change-makers that will shape the world, and securing their rights is fundamental to achieving social, economic, and environmental goals.
- Legal Framework and International Cooperation:Acknowledging child rights requires a comprehensive legal framework backed by international cooperation. The United Nations Convention on the Rights of the Child (UNCRC) provides a global standard for protecting child rights and serves as a foundation for national legislation and policies. International collaboration is essential in addressing cross-border issues that affect children worldwide, such as child trafficking or armed conflicts, fostering a collective responsibility for child well-being.
The importance of child rights cannot be overstated; they are essential in building a more equitable, just, and prosperous society. By prioritizing protection, education, and well-being, we empower children to reach their full potential. Governments, institutions, and individuals must recognize these rights, creating a nurturing environment where children can thrive, contribute positively to society, and shape a brighter future. Upholding child rights is not only a moral imperative but a crucial investment in our collective development.
CONCLUSION
The importance of child rights cannot be overstated; they are essential in building a more equitable, just, and prosperous society. By prioritizing protection, education, and well-being, we empower children to reach their full potential. Governments, institutions, and individuals must recognize these rights, creating a nurturing environment where children can thrive, contribute positively to society, and shape a brighter future. Upholding child rights is not only a moral imperative but a crucial investment in our collective development. To implement this clause, the Indian government has taken a number of actions. One such initiative by the government is the National Child Labour Project (NCLP), which aims to rehabilitate children rescued from dangerous jobs. These kids receive schooling, training for a job, and a stipend from the NCLP to help support their family. In order to inform the public about the risks associated with child work and the value of education, the government has also started a number of awareness initiatives.
It is noteworthy that child labour is still a common practice in India, particularly in the informal sector and in rural areas. Although the government has been making efforts to solve this issue, much remains to be done. Every citizen has an obligation to make sure that kids aren’t taken advantage of, have access to an education, and have a healthy life.
[1] Constitution of India, 1950, art.21A.
[2] Ibid, art.24.
[3] Ibid, art.39.
[4] Ibid, art.45.
[5] Factories Act, 1948,s.2.
[6] Ibid, s.22(2).
[7] Ibid, s.23.
[8] Dr. J.N. Pandey, Constitutional Law of India, Central Law Agency, 13th Edition, 1996, P. 237.
[9] Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161.
[10] (1982) 2 SCC 494:AIR, 1982 SC 1473.
