Child Labour in India
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The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
Constitutional Provisions:
Article 21A: Right to Education The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.
Article 24: Prohibition of employment of children in factories etc. No child below the age of fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.
Article 39: The State shall, in particular, direct its policy towards securing
(e) that 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.
(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
Article 45: Provision for early childhood care and education to children below the age of 6 years.
The State shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years.
Statutory Provisions:
As per the Child Labour (Prohibition & Regulation) Act, 1986 “child” means a person who has not completed his 14th year of age.
The Act prohibits employment of children in 18 occupations and 65 processes contained in Part A & B of the Schedule to the Act (Section 3).
Subquitently the act was amended in 2016 with the enactment of the Child Labour (Prohibition & Regulation) Amendment Act 2016 prohibiting the employment of Children below 14 years in all employment and also with the provisions for prohibition on employment of adolescents(14-18 Years) in the scheduled hazardous occupations and processes.
Any person who employs any child in contravention of the provisions of section 3 of the Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or both. (Section 14).
The Central and the State Governments enforce the provisions of the Act in their respective spheres.
Other Related Acts:
Mines Act, 1952: The Minimum age of a person to be employed in mine is eighteen years as specified under sub-section (1) of Section 40 of the Mines Act, 1952.
Section 45 of Mines Act, 1952 prohibits presence of any person below 18 years of age in any part of the mine above ground where any operation connected with or incidental to any mining operation is being carried on.
Factories Act, 1948 prohibits employment of child who has not completed 14 years.
The Merchant Shipping Act, 1958 prohibits children less than 14 years of age to or carried to sea work in any capacity in any ship, subject to certain exceptions.
The Motor Transporters Act, 1961 prohibits employment of children less than 14 years in any motor transport undertaking.
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 prohibits the employment of children less than 14 years of age in any industrial premises manufacturing beedi or cigar.
Bonded Labour System (Abolition) Act 1976 prohibits the employment of any person including children.
Explosive Act, 1984 prohibits the employment of children below the age of 18 years.
Government Schemes:
Government had initiated the National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate working children in 12 child labour endemic districts of the country.
ILO Conventions 138 & 182:
1. Convention No 138 stipulates that the minimum age at which children can start work should not be below the age of compulsory schooling and in any case not less than 15 years; with a possible exception for developing countries.
2. Convention No. 182 prohibits hazardous work which is likely to jeopardize children’s physical, mental or moral health. It aims at immediate elimination of the worst forms of child labour for children below 18 years.
What are the Challenges in Ratification of ILO Convention No. 138 & 182:
India has not ratified ILO Convention No. 138 fixing minimum age of employment as 18 years. Presently, as per Child Labour (Prohibition & Regulation) Act, 1986, children below the age of 14 years are prohibited for employment in hazardous occupations/processes specified in the Act.
Most Indian laws including the Child Labour (Prohibition & Regulation) Act, 1986 define ‘Child’ as a person below 14 years of age. On ratification of the Convention Number 182, the Government would have to amend all these Acts wherein child is defined as someone who is less than 14 years of age within 12 months of its ratification. The Government of India has not ratified the Convention No.182, due to constraint of fixing of minimum age of 18 years for employment of children.
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