Abstract

Child labour is a serious problem from many decades and a challenge for many developing
countries. It has existed over the centuries not only in the impoverished areas of developing
countries but also in developed countries until the beginning of the 20th century. Many
countries have enacted various laws and have taken serious initiative to eradicate child
labour, yet still the problem is very widespread throughout the world. The problem of child
labour appears in severe form and various factors are involved with it. The causes for the
incidence of child labour in India are complex and deeply rooted into the society. Poverty
seems to be the main cause.

Child labour can be found in both urban and rural areas. Although many poor rural families
struggle for a better life in urban areas, this pushes families to force their children to work in
order to increase the family income and ensure survival. This assignment analysis the various
responsible factors for child labour and attempts to find out those areas where there is
discrimination in child labour.

In addition the objective of this assignment is to make a critical analysis of child labour in
India. The findings reveal that child labour was a serious evil for the developing country -
India. But now as per census report 2011, The total number of working children in the
country has declined from 1.26 crore as per the census 2001 to 43.53 lakh as per census 2011
which shows 65 percent reduction.

This abstract examines key Supreme Court cases, including M. C. Mehta Vs. State of Tamil
Nadu, P. U. D. R. Vs. Union of India, Salal Hydro Project Vs. State of J & K, and Bandhua
Mukti Morcha Vs. Union of India, highlighting the judiciary's role in safeguarding child
welfare and promoting education. This assignment recommends stringent implementation of
child labour laws, the application of compulsory education policies, specialized social
development programs, awareness campaigns, amendments to social security legislation,
population control measures, equal pay mandates, and enhanced healthcare services for
children. Additionally, providing education and training opportunities for child workers
during their free time is essential for breaking the cycle of exploitation. Ultimately,
addressing child labour demands collaborative efforts between governmental agencies,
NGOs, and society at large.

Key words – Child Labour, Social Security Legislation , Governmental agencies

 Introduction

Children are the greatest gift to humanity ad Childhood is an important and impressionable
stage of human development as it holds the potential to the future development of any
society. Children who are brought up in an environment, which is conducive to their
intellectual, physical and social health, grow up to be responsible and productive members of
society. Every nation links its future with the present status of its children. The development
of the Nation is exclusively based on the status of the Child.

Child labour is still a social issue in our country which demand serious attention of the policy
makers, executive machineries, academicians and researchers in different fields including
law, especially to resolve whether existing laws are really sufficient to curb it or is it just
cosmetic effort. It hinders economic development and perpetuate poverty by keeping the
children of the poor out of school and limiting their prospects for upward social mobility.
This is still a social menace not only in its existing dimension but in newer dimension also .

With the onset of industrialization and the prospect of wage labour, children become
progressively employed in industry as well as in domestic and commercial establishments. As
a law student from the critical point of the view it is to be analyzed whether child labour is
purely a phenomenon of poverty directly connected to economic reason or it is due to the
social attitude and sensibilities that the problem still persists even after six decades of
independence of the country which pose a serious query in mind why child labour has not yet
been eradicated fully despite numerous legislative measures and social policy goals.

The Child Labor system is in existence in developing and underdeveloped counties. As per
the information available, India is one of the Countries where in large number of children
below the age of 14 years working in various organizations. If there is no proper distribution
of work among the member of the society then children automatically forced to do work for
their survival. Unemployment of adult members of the particular family results into Child
Labor.

In India, to combat and to regulate child labour there are a number of legislation right from
the Factories Act, 1881 to the latest Child Labour (Prohibition and Regulation) Act, 1986.
Though, the legislation has traversed a long journey, they could not make any significant dent
in combating child labour.
Importance of child Law

► Protection of Rights: - Child law ensures that children’s fundamental rights are
recognized and protected, including the right to safety, education, and health care.

► Promotion of Well-Being: - Discuss how child law contributes to the overall well-
being and development of children by providing a legal framework for addressing their needs
and protecting them from harm.

► Prevention of Abuse: - Highlight the role of child law in preventing various forms of
abuse and neglect and ensuring that there are mechanisms in place to address such issues
when they arise.- *Legal Frameworks and International Standards*: Introduce the role of
international agreements, such as the UN Convention on the Rights of the Child, in shaping
national laws and policies related to children.

Major and Important Law Related to Welfare of Children

► Juvenile Justice ( Care and Protection) Act, 2015

► The Prohibition of Child Marriage Act, 2006

► Protection of Children from Sexual Offences (POCSO) Act,2012

► The Child and Adolescent Labour ( Prohibition and Regulation ) Act ,1986 ( amended
in 2016)

► Central Adoption Resource Authority (CARA) ,(a statutory body of Ministry of

Women & Child Development, Government of India)(June 1992)
Historical Development of law Related to children

► 1924: The League of Nations adopted the Declaration of the Rights of the Child,
which was drafted by EglantyneJebb , founder of Save the Children Fund.

► 1946: The United Nations Children's Fund (UNICEF) was established.

► 1948: The Universal Declaration of Human Rights was adopted by the UN, which
recognized that "motherhood and childhood are entitled to special care and assistance“

► 1959: The UN adopted a Declaration of the Rights of the Child, which was an
expanded version of the 1924 declaration.

► 1979: The International Year of the Child was observed.

► 1989: The UN adopted the Convention on the Rights of the Child.

► 1990: The World Summit for Children was held at the UN.

► 2000: The UN adopted optional protocols to the Convention on the Rights of the
Child, including one on the sale of children and child pornography.

Definition of Child from various act

► 2(d) of POCSO act 2012,

“a child means any person below the age of eighteen years”.

► Section 2(12) of Juvenile Justice (Care and Protection of children) Act ,2015

a child or a juvenile is a person who has not completed 18 years of age.

► Section 2(3) of Bharatiya Nyay Sanhita 2023

child means any person below the age of 18 years.

► Sec 2(b) of the Beedi & Cigar workers ( conditions of employment)Act ,1966-
means a person who has not completed his fourteenth year of age.

► Sec 3(a) of the Dangerous machines (Regulation)Act,1983,-

child means a person who has not completed his fourteenth year of age.

► According to The National Commission for Protection of Child Rights(NCPCR) in

INDIA ,

- a child is someone between the age of 0 to 18.

► Section 3 of Indian Majority Act ,1875

It states that a person is considered to be an adult when they turn 18 years old.

► Sec 2 of the children (Pledging of labour) Act,1933,

child means a person who is under the age of fifteen years.

The Constitutional Provision related to welfare of children

► Article 15(3): Article 15(3) of the Constitution of India states that the state can make
special provisions for women and children, and that this does not violate the right to equality.

► Article 21A: Article 21A of the Indian Constitution guarantees the right to education
as a fundamental right for children between the ages of 6 and 14 (The 86th Amendment Act
of 2002).

► Article 24: prohibits the employment of children below the age of 14 years in any
factory, mine, or hazardous occupation.

► Article 39(e): states that the health and strength of workers, men and women, and
children should not be abused. It also states that citizens should not be forced to work in jobs
that are not suitable for their age or strength due to economic necessity.

► Article 39(f): that children are 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.(The 42nd
Constitution Amendment Act 1976, added Article 39(f) to the existing list of Directive
Principles of State Policy (DPSPs).

► Article 45: Provision for free and compulsory education for children until they
complete the age of fourteen years.

► Article 51A(k): states that parents or guardians must provide educational

opportunities to their children between the ages of six and fourteen.(This clause was added to
the constitution by the 86th Amendment Act of 2002).

The International Labour Organization's (ILO) Worst Forms of Child

Labour Convention (C182), 1999

The Convention requires countries to take immediate, effective and time-bound measures to
eliminate the worst forms of child labour as a matter of urgency. ILO Convention No. 182 is
the first ILO Convention to achieve universal ratification.

1. Slavery and trafficking.

2. Forced labor .

3. Prostitution and pornography.

4. Illegal activities.

5. Dangerous work

The ILO's Conventions and Protocols are legally binding international treaties that member
states can ratify. The ILO also issues Recommendations, which are non- binding guidelines.

- It was established by the Treaty of Versailles in 1919.

Meaning of child labour

Child labour is not comprehensively defined anywhere in the legislation but international
instruments determine what may amount to child labour. Basically children are not morally
bound to enter into economic activities, which are not healthy and generally harmful to their
sound growth.

In General, Child labour refers to the employment of children in any work that deprives
children of their childhood, interferes with their ability to attend regular school, and that is
mentally, physically, socially or morally dangerous and harmful.

The term child labour is generally interpreted as “all cases in which children are exposed to
harm at work whether or not children are less than 14 years old or less” (UNICEF)

The term 'child labour', suggests ILO, is best defined as work that deprives children of their
childhood, their potential and their dignity, and that is harmful to physical and mental
development. It refers to work that is mentally, physically, socially or morally dangerous and
harmful to children, or work whose schedule interferes with their ability to attend regular
school, or work that affects in any manner their ability to focus during war and clubs and
boutros, school or experience a healthy childhood.

UNICEF- affiliated NGOs referred to “child labor” according to article 32 of the Conventions
on the Rights of the child, in which child labor includes any economic activities impending or
hindering the child's full development or education.

National Commission for protection of Child Rights The definition of child labour must
encompass children working for the families in their own homes, children in agriculture
work, work rendered by girl children and all other forms of work that deprives them of their
right to education in a full-time, formal school. In other words, the definition of child labour
must be inclusive and it should recognize all forms of child labour as prohibitive.
Types Of Child Labour

•Child labour: - Those children who are doing paid or unpaid work in factories, workshops,
establishment, mines and in the service sector such as domestic labour. The ministry of
Labour, Government of India has employed the term ‘child labour' only in the context of
children doing “hazardous” work. By implication, children who are not doing “hazardous”
work are not considered to be child labourers and are said to be doing child work .

•Street children: - Children living on and off the streets, such as shoeshine boys, ragpickers,
newspapervendors, beggars etc. are called street children. Most children have some sort of
home to go back to in the evening or nights, while street children are completely alone and
are at the mercy of their employers. They live on the pavements, in the bus stations and
railway stations.

•Bonded children: - Children who have either been pledged by their parents for paltry sums
of money or those working to pay off the inherited debts of their fathers. Bonded children are
in many ways the most difficult to assist because they are inaccessible. If the carpet owner
has bought them, they cannot escape. If the middle-class housewife has paid for them, they
cannot run away. If the landlord in the village owns them, they will spend their life in
servitude till they get married and can, in turn, sell their children.

•Working children: - Children who are working as part of family labour in agriculture and in
home-based work. If children are working 12-14 hours a day along with their parents at the
cost of their education, their situation is similar to that of children working for other
employers. In fact children, particularly girls, are expected to take on work burdens by
parents in complete disproportion to their strengths and abilities. This is the largest category
of children who are out-of-school and are working full time. And it is here that we find the
largest percentage of girls working at the cost of education.

•Children used for sexual exploitation: - Many thousands of young girls and boys serve the
sexual appetites of men from all social and economic backgrounds. Direct links between the
commercial sexual exploitation of children and other forms of exploitative child labor are
numerous. Factories, workshops, street corners, railway stations, bus stops and homes where
children work are common sites of sexual exploitation. Children are especially powerless to
resist abuse by employers, either as perpetrators or intermediaries. The physical and
psychosocial damage inflicted by commercial sexual exploitation makes it one of the most
hazardous forms of child labor.

•Migrant children: – India faces a huge challenge with “distress seasonal migration “.
Millions of families are being forced to leave their homes and villages for several months
every year in search of livelihoods. These migrations mean that families are forced to drop
out of schools, something that closes up the only available opportunity to break the vicious
cycle generation after generation. At worksites migrant children are inevitably put to work.
Many industrial and agro- industrial sectors like brick-making, salt manufacture, sugar cane
harvesting, stone quarrying, construction, fisheries, plantations, rice mills and so on run
largely on migrant labour.

•Children engaged in household activities: – Apart from children who are employed for
wages (either bonded or otherwise) as domestic help, there are a large number of children
(especially girls) who are working in their own houses, engaged in what is not normally seen
as “economic activity”. These children are engaged in taking care of younger siblings,
cooking, cleaning and other such household activities. As seen in the literature on women‟s
work, such activities need to be recognized as “work”. Further, if such children are not sent to
school, they will eventually join the labour force as one of the above categories of child
labour.

•children in worst forms of child labour:- According to ILO Convention No. 182 , the
worst forms of child labour (WFCL), includes (a) all forms of slavery or practices similar to
slavery such as the sale and trafficking of children, debt bondage and serfdom and forced or
compulsory labour, including forced or compulsory recruitment of children for use in armed
conflict; (b) use, procuring or offering of a child for prostitution, for the production of
pornography or for pornographic performances; (c) the use, procuring or offering of a child
for illicit activities, in particular for the production and trafficking of drugs as defined in the
relevant international treaties; (d) work which, by its nature or the circumstances in which it
is carried out, is likely to harm the Health, safety or morals of children.
Socio-Economic Factors Related To Child Labour

There are some socio-economic factors that causes child labour –

1)Poverty as root cause: Different circumstances affect the child labour. Studies have
demonstrated that the most notable reason is poverty (Bhat & Rather, 2009). Decisions about
child labour and schooling are generally made by parents. If the family‟s income below the
poverty line, parents think that children should also contribute in their family income. Basu
(1998) used a theoretical model of child labour, where he showed the only reason parents
send children to labour is because of their low income. Consequently poor parents cannot
afford schooling for their children. Thus, mainly poor households are to send forced their
children to labour instead of sending to school.

2)Family size: In fact, the involvement of children in large poor households usually more
rather than smaller households which demonstrates family size have an effect on child labour.
Parents oblige their children to work because they are not able to manage the demands of a
large size family. There are also gender differences among household size. Not everyone and
of all age in the family are working as child labour, which depends on the child's age and
gender, for example boys are more likely to attended to school than girls.

3)Family condition : There are many growing children who have either lost one or both the
parents and those impacted by HIV/AIDS in the family, are forced to work in order to support
themselves and their siblings. The numbers of orphaned children are increasing particularly in
sub Saharan Africa, many whom become street children, and live in very difficult
circumstances. (Vandenberg, 2007).

4)Traditional or cultural factors : Culture is another factor which forces children into
labour market. Different cultures of many societies make children start work at very young
age which are related to traditions and cultural factors. They assumed that children need to
learn skills that can be good for their future. According to Tauson (2009) in rural Guatemala;
parents prefer their children to work because they considered it beneficial for them as they
learn work skills.
5)Corruption: Corruption is the one of major cause for abusing resources, wherever there is
poverty; there is also corruption (Murphy, 2005). According to United Nations Development
Programme (UNDP) (2012) “Corruption exacerbates poverty and inequality, undermines
human development and stability and sustains conflict, violates human rights, and erodes the
democratic functioning of countries”. Corruption can have hugely negative effect on
children‟s right that deprives basic services such as health care, education and infrastructure.
Corruption can diminish children’s ability to escape poverty.

6)Civil war: The civil war is another factor contributing to child labour. The war destroys the
economy of the country, people become much poor and all resources go to the war. Wars burn
all good things that any country could have. It brings diseases, poverty, damages, and many
other horrible things. Again, no help will be of use as long as the war is continues.

7)Urban migration: Many rural families migrate to urban areas because of rural push and
urban pull factors. As a consequence of that, they are often forced to live and work in the
street as they lack access to basic requirements such as food; shelter etc. and these children
become street workers as vendors. Mostly street workers are vulnerable to violence and
become more susceptible to illegal works, such as stealing, trafficking, drugs and prostitution.
These children live in urban poverty; many child labourers live in unhealthy poor conditions
slum areas and work in poor environment such as domestic work, or work in hotels and
restaurants etc. This means that the population is increasing in cities due to immigration and
natural growth. Urban poverty is a multidimensional phenomenon. Urban poverty in
developing countries faces many challenges in their daily lives. Many poor people are living
under great hardship, due to unemployment, housing shortages, violence and unhealthy
environments. Increased urbanization has resulted in poverty in the cities. Urban poverty
raises slums. These areas are characterized by high unemployment, poor sanitation,
inadequate access to clean drinking water and inadequate housing.

8)Globalization: Globalization is another cause of child labour. Globalization has positive

and negative impacts, nevertheless; globalization might give developing countries the
opportunity to increase their gross domestic production (GDP) per capita via new trade
possibilities and ascend their foreign direct investment (FDI) inflows. Globalization also has
brought adverse impacts on child labour in developing countries. In recent years, many
international companies moved their production abroad. These companies often indulge in
hiring children as cheap labours as they are endurable, and Carry out commands given by
their employers even if they’re abused and exploited . India, globalization has obliged more
children to work in hazardous occupations like brick kiln, motor garage, hotels, shops,
transportation, manual loading work etc.

9)Relationship between child labour, Family income and Education: Lack of education or
poor quality education is another factor that contribute to high incidence of child labour.
Education is considered one of the main alternatives to abolish child labour. Practically
family income affects children’s education and poor parents cannot afford to pay for children
however, children are compel to work and are less enrolled.

10)The opportunity costs of education: The cost of education is another problem amongst
poor households. This has contributed to the exploitation of children. Schools need to be
affordable and accessible. Quality education can help to keep children away from work,
consequently it is important for a school to have educated teachers ratio in the classrooms.
However for many poor parents it can be costly to send their children to school, as they
families live on children’s income and cannot afford school fees, uniforms or other additional
costs. This is a problem in developing countries to provide quality free education because it
will cost money for governments.

Indian Statutory Provisions regulating Child Labour

In response to international obligation under the Covenants toward eradication of child

labour, India has legislated the law to prohibit as well as regulating the child labour. Prior to
1986 Act, several provisions under various existing labour laws have been dealing with the
issue of child labour. But the laws were not comprehensive, mainly regulatory in nature and
suffer from uniformity in defining child.

•The Children (Pledging of Labour) Act, 1933

The Royal Commission on Labour, established in 1929 prepared a Report, which was
finalized in 1931. The Commission had felt great concern at the pledging of children by
parents to employers in return of small sums of money; the commission recommended that
any bond pledging a child should be regarded as void. The recommendations of the
Commission was discussed in the legislative Assembly and the Children (Pledging of Labour)
Act, 1933 came to be passed, which may be said to be the first statutory enactment dealing
with child labour. The main object of this Act was to eradicate the evils arising from the
pledging of labour of young children by their parents to employers in lieu of loans for
advances. The Act declares that an agreement, oral or written, express or implied to pledge
the labour of child below 15 years of age by the child's parents, guardians as void and makes
the contracting parties, liable for penalties. Under this Act ‘Child’ means a person who had
not completed the age of 15 years. This Act was passed with an intention to protect child
from exploitation in hazardous occupation but it remained a dead letter. No judicial efforts
were made to protect the child from exploitation.

•The Employment of Children Act, 1938

The Act has now been repealed and replaced by the Child Labour (Prohibition and
Regulation) Act, 1986. The main object of the Act was to prevent exploitation of child labour
in workshops and other specified occupations and to regulate the employment of children in
certain industrial employments. The key poi112nts of this Act are as follows:

a) Prohibited the employment of children under 15 years in occupations connected with

transport of goods, passengers, mails or railways;

(b) Raised the minimum age for handing goods on docks from 12-14 years;

(c) Provided for the requirement of a certificate of age;

(d) In pursuance of the International Labour Conference at its 31st session held in 1948
adopted a Convention (No. 90) concerning night works of young person employed in
industry. Accordingly, in 1951, a provision was added for prohibition of the employment of
the children between 15 and 17 years at night in railways and ports and also provided for
requirements of maintaining register for children under 17 years; and
(e)In 1978, a provision was added for prohibition of employment of a child below 15 years in
occupation in railway premises such as under picking or cleaning of ash pit or building
operations, in catering establishments and in any other work, which is carried out in close
proximity to or between the railway lines. One of the drawbacks of the Act is that it has not
provided any provision in regard to the health, safety, medical examination and welfare of
children. This Act was amended as many as 5 times during the year 1939, 1948, 1949, and
1951 only to ameliorate better working conditions to children.

•The Child Labour (Prohibition and Regulation) Act, 1986

The legislative intent behind the Act, 1986 is not to prohibit the child labour altogether rather
to permit it in a regulatory manner. Unlike the Bonded Labour Abolition Act the
nomenclature of the Act is both prohibition and regulation encompassing. The Act, therefore,
classifies all establishments in two categories, hazardous and non-hazardous employment.

The child labour is absolutely prohibited in the former one and in the latter case law for
engaging child labour regulates the condition of labour.

•The Child Labour (Prohibition and Regulation) Amendment Act, 2016-A Critical
Analysis

India is moving towards a complete ban on engagement of children below 14 years, in all
occupations and therefore, it seems to be a progressive legislative step. But proper analysis of
the Act may reveal a completely different picture. The Act has introduced the definition of
‘adolescent’ , which was not there in the principal Act. The definition of ‘child’ and
‘adolescent’ under this Act is slightly different from the definition as per the Factories Act,
194834.

The new Act has slashed the list of hazardous occupations form 83 (18 occupations and 65
processes as per the schedule of the principal Act, 1986) to include just mining, inflammable
substances or explosives and hazardous process as has been mentioned in the Factories Act.
This means that work in chemical mixing unit, cotton farms, battery recycling units and brick
kilns, among others have been dropped.
The new Act has defined the ‘family enterprises’ and has expanded the scope of the definition
of ‘family’37 to include ‘father’s sister and brother’ and ‘mother’s sister and brother’, as
newly added into the definition of ‘family’ which was not there in the definition clause of
already in existence other labour laws.

Indian Judiciary as the savour of this menace

It is accepted that the framers of the Constitution of India were very much aware of the
prevalence of child labour problem in the society. Due to peculiar socio-economic conditions
of the country, they were compelled to accept partially the engagement of child labour but at
the same time, the intention of the framers was to prohibit it, which has been reflected in the
language of Article 24 of the Constitution of India39. Accordingly, Article 24 puts only a
partial restriction on the employment of child labour, below the age of fourteen years to work
in any factory or mine, or in any other hazardous employment. But hazardous employment
was not defined by the legislators, which left the job upon the executives by way of
scheduling the employments or processes under the Act.

In People's Union for Democratic Rights v Union of India, AIR 1982 ,

the Supreme Court has emphasized that Article 24 embodies the Fundamental Right against
exploitation enforceable against everyone, and no one can employ a child below the age of 14
years in a hazardous employment like construction work.

The Supreme Court interpreted the meaning of the term 'hazardous employment' and held that
engagement of children in the construction work amounted to employment in hazardous
employment, thereby nullyfying the contention of the Delhi Development Authority that the
Act of 1986 is not applicable to construction works as it is not specied in the schedule. The
Court pointed out that this was a sad and deplorable omission which must be immediately set
right by every State Governments by amending the schedule so as to include the construction
industry under the schedule.

Through this judgment the Apex Court explored the doctrine of ‘Locus Standi’ to facilitate
the poor people's access to justice by the initiative of any public spirited man to invoke the
grievance on their behalf by way of filing a PIL matter under Article 32 or 226 of the
Constitution of India.

The same principle was reiterated in the ruling of the Supreme Court in Labourers Working
on Salal Hydro-Project v State of Jammu and Kashmir AIR 1984 . The Court generally
told the Government to persuade the workmen to send their children to school and provide
for free education there. Thereafter, the question of employment of child labour has been
brought to the attention of the Supreme Court in several cases by way of public interest
litigation.

In M.C.Mehta v State of Tamil Nadu AIR 1996 , the Court has considered the
Constitutional perspectives of abolition of the child labour in the Sivakasi Match industries.
The Court has issued a number of guidelines to eradicate practice of employing children
below 14 years of age in the hazardous industry.

In Bandhua Mukti Morcha v. Union of India AIR 1997 In this case employment of
children in the carpet industry in the State of Uttar Pradesh came into focus and matter was
brought before the Court for delivering justice to them. The Supreme Court, in this case
referred Article 24 read with Article 39 (e) and (f) of the Constitution of India and observed :

"It would, therefore be incumbent upon the State to provide facilities and opportunities as
enjoined under Articles 39(e) and (f) of the Constitution, and to prevent exploitation of their
childhood due to indigence and vagary. As stated earlier, their employment- either forced or
voluntary- is occasioned due to economic necessity: exploitation of their childhood due to
poverty, in particular, the poor and the deprived sections of the society, is detrimental to
democracy and social stability, unity and integrity of the nations."

In Unnikrishnan, J.P. v. State of Andhra Pradesh the Supreme Court has implied the right
to education from the right to life and personal liberty guaranteed by Article 21 of the
Constitution of India and referring the interpretation of relationship between Fundamental
Rights and Directive Principles of State Policy the Court has observed that the content of this
right are to be deduced in the light of Articles 41, 45, 46, 47 of the Constitution. The Court
has emphasized that every child has the Fundamental Right to receive free and compulsory
elementary education up to the age of 14 years.

The Supreme Court in M.C.Mehta v. State of Tamil Nadu observed that unless the right to
compulsory education to children is to be linked with the child labour welfare nothing
substantial will come out. The Court expressed that a National Commission for children's
welfare should be set up to prepare a scheme for child labour abolition in a phased manner
and such a commission should be answerable to this Hon'ble Court directly and should report
at periodical intervals the progress in that regard.

The offending employer must be asked to pay a sum of Rs 20,000, which should be deposited
in a fund known as Child Labour Rehabilitation cum Welfare Fund, whose corpus shall only
be utilized for the purpose of concerned child labour welfare. The offending employer's
liability doesn't stop here, he may be obliged by the State directive to give employment to the
adult member of the child labour's family in addition to disengaging the child labour
concerned. In case of inability to provide job to adult member as mentioned above the
appropriate Government would deposit a grant of Rs. 5000 each child employed in a factory,
mine or in other hazardous employment towards that Child Labour Rehabilitation cum
Welfare Fund.

In Vishal Jeet vs Union of India 1990

The Supreme Court issued directions to the State Government for eradicating child
prostitution and setting up rehabilitative homes for such children.

Apart from legal action, both the Central and the State Governments have got an obligation
to safeguard the interest and welfare of the children and girls of this country.

All the State Governments and the Governments of Union Territories should direct their
concerned law enforcing authorities to take appropriate and speedy action under the existing
laws in eradicating child prostitution without giving room for any complaint of remissness or
culpable indifference.

Bachpan Bachao Andolan v. Union of India

It was a landmark judgment that prohibited the use of children in circuses in India. The case
also recognized human trafficking as an organized crime and provided general directions for
filing FIRs in missing child cases.

The court ordered a complete ban on the use of children in circuses.

The case was filed in public interest under Article 32 of the Constitution. The petition was
filed in response to serious violations and abuse of children who were forcefully detained in
circuses.
Miss Mohini Jain vs. State of Karnataka and Ors, ( “capitation fee case”)

Supreme Court ruled that even though the right to education is not distinctly mentioned in the
Constitution, it can be deciphered through the Preamble and a bare reading of DPSP in Part
IV.

This case that highlights the importance of education being accessible to all citizens, not just
a privileged few. The Supreme Court's deliberations in this case considered the constitutional
obligation of educational institutions and the state to ensure equal access to education for all
citizens. The court acknowledged that high fees could be a financial obstacle for
economically disadvantaged individuals, limiting their ability to exercise their right to
education.

The Right to education is now become the fundamental right and included in part III of the
Indian constitution under article 21-A. This was done in this case

CONCLUSION

The development of a country is hampered when children are employed as labourers, because
children are the most important and valuable human resource assets to every nation. It is the
positive and mandatory duty cast upon the State to provide free and compulsory education for
all children until they attain their fourteen years of age. It is obvious that State is yet to fulfill
this constitutional aspiration which is another root cause of illiteracy, dropouts and child work
participation rates in industrial, domestic as well as commercial establishments. Child labour
in small- scale sectors is rampant which remain unaddressed because of not being within the
scope of existing laws.

Article 21A of the Constitution of India recognizes that the right to education of a child
belonging to 6 to 14 years of age-group is a Fundamental Right and it mandates that the state
shall provide free and compulsory education to all children of age-group six to fourteen years
in such manner as the state may, by law, determine. In pursuance of this provision law has
been enacted by the Legislature. child labour, the question still remains why India has failed
to address it in its true perspective. Obviously, the answer lies in its legislative intent. Child
labour is an incentive to the employer and legislative measures rather perpetuates the
situation.
Children do not form unions. Therefore, employers can easily control children in an
exploitative condition of work, paying lower wages than adults, even for longer duration
working hours. The piece rate system of remuneration is generally the norm with the child
labour, which benefits the employer.

The Child Labour (Prohibition and Regulation) Act, 1986 has failed to define 'hazardous
industry or process' which has left many units or processes beyond the scope of the Act. The
Act is silent about rehabilitation for those children rescued from the prohibited places. The
Act has not mentioned about any formal or informal way of education for the children
permitted to work in non-hazardous occupation.

Every human being is a social animal. As we are a part of the society the responsibility to
take reasonable care of the children and young people is on the shoulder of all members of
the society. Finally, it can be said that society at large morally responsible to maintain healthy
atmosphere.

Suggestions

A child cannot enter into a contract of employment until he/ she attains 18 years of age
whereas a child may be engaged in work after he/she attains the age of 14 years. On the other
hand, the right to receive compulsory elementary education is restricted to the age group 6 to
14 which means after 14 years a child may stop education and enter into a work/ economic
activity in need, thereby, the employment of the children from 14 to 21 as a labour is legal
and permitted subject to certain legal guidelines. This is the most controversial area of law,
which affects the fate of millions of children in India. Therefore, law needs to be amended
and uniform age criteria i.e. 18 years to be prescribed for work permit in order to abolish the
child labour keeping pace with the age of majority as per Indian Majority Act.

Early childhood care and system of education should be strengthened to make it more
attractive to poor children by way of improving quality of teachers, book, curricula and
recreational facilities, midday meals, uniforms, teaching aids, land and buildings Private
initiatives could be mobilized to play a vital role in addition to governmental initiatives.
The stereotypical thinking that poverty is the only root cause of child labour is not
supportable always. The social attitude should be changed and strong political will is the need
of the hour to address the issue of child labour with more serious thought.

To eradicate the problem of child labour permanently notion of penalty oriented law or
enhanced penalty to be supplemented by the incorporation of the principle of compulsory
education, both formal as well as vocational as a compulsory duty on the part of the
employer. It should be introduced into legal system. Emphasis should be given upon village
areas. The panchayati raj system could be made responsive to put primary education on their
agenda for development ensuring universal literacy program as measure to eradicate child
labour.

Non-governmental organizations can play a bigger role in identifying and monitoring units
where child labour is used and at the same time acting as pressure group stressing the
importance of education. With increasing globalization and integration with the world
economy, India should gear towards adoption of modern technology with skilled labour
forces to compete with global market players.

BIBLIOGRAPHY

• CONSTITUTION OF INDIA

• Unicef, Guide to the Convention on the Rights of the Child. 2006 [last accessed on
2066] Available from http://www.unicef.org/crc/

• Geneva: ILO; 1992. ILO (International Labour Office). World Labour Report 1992

• HISTORICAL BACKGROUND AND EVALUATION OF RIGHTS OF CHILDREN

Indian Journal of Integrated Research in Law Nirupam Bhattacharya, Assistant Professor in
Law, Haldia Law College, ICARE

• Bhupen Barman and Nirmalendu Barman (2014), A Study on Child Working

Population in India, Journal Of Humanities And Social Science, Volume 19, Issue 2.

• Ahmad (2012) carried out a research in Aligarh city of Uttar Pradesh in India, where
he assumes that poor children under the age of fourteen years are obliged to work in different
sector.
• International Labor Organization. (2012). Tackling child labour: From commitment to
action International Programme on the Elimination of Child Labor (IPEC).

SOME WEBSITES

www.wcd.nic.in

www.ilo.org

www.ncpcr.gov.in

www.labour.ap.gov.in

www.insightsonindia.com

www. Ilo.org www.tjprc.org