Child labour

 Child Labour

Indian Constitution And Child Labour

Article 23of Indian Constitution prohibits the trafficking in human beings and forced labour. And Article 24 prohibits the employment of children in factories. It says that No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

The general understanding was that right secured by Article 24 will hardly be effective in the absence of legislation prohibiting and penalising its violation. However, Supreme Court clearly stated that Article 24 “must operate proprio vigour” even if the prohibition lay down in it is not “followed up by appropriate legislation.”16 In Labourers, Salal Hydro Project v. State of J&K17 it was again held that the employment of children below 14 in construction work violates Article 24.

It was noted in M C Mehta v. State of Tamilnadu,18 that menace of child labour was wide spread. Therefore it issued wide ranging directions in the context of employment and exploitation of children in Sivakasi, prohibiting employment of children below the age of 14 and making arrangement for their education by creating a fund and providing employment to the parents or the able bodied adults in the family. These directions were reiterated in Bandhu Mukti Morcha v. Union of India19, concerning the employment of children in carpet weaving industry in U.P.

The State shall, in particular, direct its policy towards securing the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.20 Also the State shall, direct its policy towards securing the given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment to the children.21

Article 45 of Indian Constitution made provision for early childhood care and education to children below the age of six years. As per this Article the State shall endeavours to provide early childhood care and education for all children until they complete the age of six years.

Our Constitution provides special provisions for the protection of children. Some Articles are as follows – 15(3)31, 2132, 21-A33, 2334, 2435, 39 (e)36, 39 (f)37, 4338, 4539 and 51-A (k)40. In relation with the above mentioned Conventions and Constitutional provisions, we have enacted special laws to eliminate the child labour; some important ones are as follows.

1. The Children (Pleading of Labour) Act, 1933.

2. The Factories Act, 1948.

3. The Minimum Wages Act, 1948.

4. Plantation Labour Act, 1951.

5. The Mines Act, 1952.

6. The Merchant Shipping Act, 1958.

7. The Motor Transport Workers Act, 1961.

8. The Apprentices Act, 1961.

9. The Schools and Establishments Act, 1961.

10. The Beedi Cigar Workers (Conditions of Employment) Act, 1966.

11. The Child Labour (Prohibition and Regulation) Act 1986.

Role Of Judiciary In Solving Child Labour

The Supreme Court of India, in its judgement dated 10th December, 1996 in Writ Petition (Civil) Number 465/1986, has given certain directions regarding the manner in which children working in the hazardous occupations are to be withdrawn from work and rehabilitated, and the manner in which the working conditions of children working in non-hazardous occupations are to be regulated and improved. The judgement of the Supreme Court envisages:

(a) Simultaneous action in all districts of the country;

(b) Survey for identification of working children (to be completed by June 10, 1997)

(c) Withdrawal of children working in hazardous industries and ensuring their education in appropriate institutions

Child labour 

By- Shambhavi 

VIP-AUTHOR