Child labour-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Child labour-

Tanmoy Mukherji

Advocate

Child labour is one of the greatest social and human rights problems. It refers to employment of children in work that harms their-

→Physical development.

→Mental growth.

→Education.

→Morality.

→Dignity.

Indian law recognizes children as vulnerable persons requiring special constitutional and legal protection.

Constitutional safeguards against child labour –

Art. - 21 A -Right to Education

Provides free and compulsory education to children aged 6 to 14 years.

Art – 23- Prohibition of forced labour trafficking-

Child labour in exploitative conditions may violate Art. - 23.

Art. – 24- Prohibition of Employment of Children-

No child below 14 years shall work in: -

→factories.

→mines.

→Hazardous employment

Art. - 39(e) -

State shall ensure children are not abused economically.

Art. 39 (f) -

Children must develop in conditions of freedom and dignity.

Art. - 45 -

Early childhood care and Education.

Art. - 47 -

Duty of state to include nutrition and public health.

Child and Adolescent Labour (Prohibition and Regulation) Act, 1986-

The 2016 Amendment strengthened the law by prohibiting child labour in almost all occupation.

Child → Person below 14 years.

Adolescent → Person between 14 to 18 years.

Features of the Act —

i) Complete Prohibition of child labour -

 Children below 14 years cannot be employed any occupation or process.

ii) Prohibition of hazardous work for adolescents-

Adolescents cannot work in hazardous occupations like:

→mining

→explosive Industry.

→fire work factory

→chemical Industry.

iii) Regulation of Working Conditions-

Where adolescent employment is permitted: -

→Working hours are regulated.

→rest intervals mandatory.

→health and safety protection required.

iv) Penalties-

Employers violating the act may face-

→Imprisonment.

→Heavy fine.

→Criminal prosecution.

The offence is cognizable under amended law.

Child labour re-habilitation fund-

District level re-habilitation fund are established for rescuing children.

Employer contribution and government assistance help -

→Education.

→Re-habilitation.

→Skill training.

→Welfare measures.

Family enterprise exceptions-

The Act permits children to help in family enterprises after school hours and during vacations.

Other important laws-

Right to Education Act, 2009-

Child labour directly interferes with these rights.

Juvenile Justice (Care and Protection of children) Act, 2015-

Bonded labour system (Abolition) Act, 1976-

Factories Act, 1948-

→Prohibits child employment below 14 years.

→Requires fitness certificate for adolescent.

Mines Act, 1952-

→Completely prohibits child employment in mines.

International legal framework-

International labour Organisation (ILO)-

UN Convention on the rights of the child (UNCRC), 1989-

India is a signatory.

Reference Cases-