Protection of Children from Child Labour : A Critical Analysis of Indian Laws

Children are the Flag bearer of the  country. They are the crucial resources and responsible for the development of  their country’s future so; taking care of children should be the utmost priority for any country. One of the major issues among the children is child labour; the term child labour refers to “work” that deprives children of their childhood and which is harmful to their physical and mental development. Most of the children who lives in vulnerable sections of  the society are engaged in child labour. The data shows the following: The total child population in India in the age group (5-14) years is 259.6 million. Of these, 10.1 million are working either as main worker or as marginal worker[1] as per the census of 2011. This data shows dire need for the protection of children from child labour and the Indian laws to strictly regulate the child labour in India.

Causes of Child labour

There are various causes which led the children to work at a very small age[2]. They do not have any other choices to make instead of working, which direct not only  their future but  their country’s future too into the path of darkness . The causes are as follows:

  • Economic pressure on family: With the rise of the cost of living many families cannot afford the basic amenities they need for. For the need to live a satisfactory life parents sent their children out to earn for the family which put children into the work which are dangerous for their health and well being.
  • Lack of Quality Education: There are government schools at local level but it does not let children to have quality education because either these schools are ineffective to provide quality education or the families do not take it serious to change their children’s standard of living so they engage them to earn.
  • Cultural Norms: cultural norms always play a greater role in the society. Traditionally, child were forced to learn the kind of work which their parents being involved from decades, it become a culture to them. At very small age they have and must to learn the work rather than going to school.
  • Lack of awareness: Families might not aware about how education is a key for their children’s well being and led to have a good future for them. They are also not aware about the health issues arise with working in the hazardous environment at theirs very early age of life.

Suggestions to eradicate child labour

Like snake venom processing in the body slowly to kill a person in the same way is child labour killing the assets of a country. We will see some suggestions or solutions which might protect the fruitful assets of the country and for the well being of the children:

  • Stricter implementation of labour regulations related to child.
  • Ensure Ways to stick children in the schools like providing free meals at school, playful activities in the school and friendly environment for the students[3].
  • Awareness about Population control among the panchayats, villages and in small towns.
  • Awareness about Importance of Education among the children and their parents.
  • Supporting and assisting NGOs working for the children’s welfare.
  • Interaction with parents of child labourers about ill effects of engaging children in labouring.[4]

Constitutional provisions for child labour

In our constitution Education to children is boldly written and mentioned in Dpsp’s and fundamental rights which shows how much important is to educate children from their early age and how it affects children’s development and well being. These constitutional provisions also prohibit and protect children for engaging in child labour which badly                                                                            affects their health and future growth. These constitutional provisions are as follows:

  • Article 24 – This article of the constitution prohibits children to work either in the factories, mines or engaged in the Hazardous employment, which are below the age of fourteen years. This article was framed keeping in the view for the growth, well being, to prevent their exploitation, ensuring their health and access of education to children.

 This article do have an exception that the children who are below the age of 14 years              can be allowed to work or be employed or engaged in non-hazardous, harmless and family  based work.[5]

  • Article 21A – This article make education compulsory for the children of age group (6-14 years) and make it as a fundamental right for them. It aims to provide education free to the children of this age group without any discrimination among them.[6]
  • Article 39(e) and (f) – Clause (e) of this article ensures the health of the workers either they are children, man, women and have an eye over abusing children of tender age. The article protects children to not being forced by economic necessity to enter into the work which are unsuited to their age. Clause (f) of this article talks about the children’s overall development and well being, protect children from being exploited and provide children the right to have a fair childhood. The article highlight and

provide children with opportunities like free and compulsory education, providing welfare schemes to the children from disadvantaged group etc.

  • Article 45 – This article talks about free and compulsory education to the children until the age of 6 years. The article has focused on caring and providing education to the early age children and built desire in them for further education which is very similar to the article 21 A of the Indian constitution.[7]

Landmark case laws related to Child labour

There are various case laws come out from the different levels of court in the country through their judgement to prohibit the child labour and provide laws for children to live their childhood as they are tend to be. Here we will see a landmark case related to child labour and how its implications helped the development and well being of the children.

MC Mehta vs. State of Tamil Nadu, 1996

MC Mehta vs State of Tamil Nadu, 1996[8] took place their judgment  on 10 December,1996. The fact of the case were, a town named Shivakasi situated in Tamil nadu where child labour was being performed in the hazardous industry like firecracker and Matchbox industry. In this case mc Mehta found violations of article 24, 39(e) and (f), 41, 47 ,32 and The child labour ( prohibition and regulation ) Act, 1986. He contended that these factories have drastic side effects which also led death to many children there and here the fundamental right to life and education to children was also being violated by performing forced labour to them, He also contended that it is the responsibility of state to protect the fundamental rights of the children.

Stop Child Labour
[Image Sources: Shutterstock]

The court pronounced its judgment by thinking of the social right of the children by prohibiting child labour and providing them free and compulsory education to them. The

court directed the government to implement some measures for the development of children and prohibiting them for engaging in labouring like:

Providing jobs to the adults of child labour or assistance of five thousand rupees for each child employed in hazardous work if the government fail to provide job, the government has to conduct child labour survey within six months, if they are employed in these factories they must be assigned to non hazardous work and setting less working hours for them etc.

Children are our future and they must to be safe in our country. Their rights must be protected and for this our courts and government have implemented and directed various laws and measures which helped to improve many children’s life and Health .They can now focus on their education freely neither engaging in labour nor earning for their family. But Child labour is not totally sweep out from our country, there are areas where it is still performing and Government need to focus on it.

Author: Divya prakash, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

[1] https://www.ilo.org/media/424531/download

[2] https://www.eclt.org/en/news/child-labour-causes

[3] https://balrakshabharat.org/

[4] https://www.childlineindia.org/

[5] https://indiankanoon.org/doc/1540780/

[6] https://www.constitutionofindia.net/articles/article-21a-right-to-education/

[7] https://www.education.gov.in/directive_principles_of_state_policy_article-45#:~:text=Provision%20for%20free%20and%20compulsory,the%20age%20of%20fourteen%20years

[8] https://indiankanoon.org/doc/212829/

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