Child Labour: Indian and International Aspects
I. Child Labour in India
1. Constitutional Provisions
The Indian Constitution explicitly protects children from exploitation:
Article 24: Prohibits the employment of children below 14 years in any hazardous industry,
ensuring their protection from dangerous labour conditions.
• Article 45: Mandates free and compulsory education for children up to the age of 14 to
prevent them from entering the labour force prematurely.
• Article 51-A (k): Imposes a fundamental duty on parents or guardians to ensure that
children between 6 and 14 years receive an education.
2. Legislative Framework
a. Employment of Children Act, 1938
This was India’s first law regulating child labour, prohibiting the employment of children under
14 years in hazardous industries like railways, though it did not cover all sectors.
b. Factories Act, 1948
• Section 67: Prohibits the employment of children under 14 in factories.
• Section 71: Allows children aged 14-18 to work in factories, but limits their work hours
to protect their health.
• Section 73: Requires a “certificate of fitness” for children above 14 years to work,
ensuring they are physically able to work.
c. Child Labour (Prohibition and Regulation) Act, 1986
This Act bans the employment of children below 14 in hazardous occupations and regulates
work hours for children employed in non-hazardous jobs. It aims to protect children from
exploitation while allowing regulated work in family businesses.
d. Minimum Wages Act, 1948
Under Section 3, the Act ensures that children employed in certain industries are paid the same
wages as adults, preventing wage discrimination.
e. Juvenile Justice (Care and Protection of Children) Act, 2015
Defines child labourers as children in need of care and protection, under Section 2(14), and
addresses the rehabilitation of children rescued from labour.
3. Judicial Interventions
The Indian judiciary has played an essential role in addressing child labour. In M.C. Mehta v.
State of Tamil Nadu, the Supreme Court directed measures for compensating and rehabilitating
child labourers, including financial support and provision of alternative employment to family
members.
People’s Union for Democratic Rights v. Union of India (1982): Reinforced that children under
14 cannot be employed in hazardous industries.
II. International Aspects of Child Labour
1. Key International Conventions
a. Universal Declaration of Human Rights (UDHR) – Article 25, Para 2
This article asserts children’s right to special care and assistance, emphasizing protection from
exploitation and neglect.
b. International Covenant on Civil and Political Rights (ICCPR) – Article 23
Protects families and ensures the rights of children are safeguarded, including protection from
exploitation and abuse.
c. International Covenant on Economic, Social and Cultural Rights (ICESCR) – Article 10
Requires signatory countries to implement measures that protect children from economic and
social exploitation, particularly hazardous work.
d. Declaration of the Rights of the Child, 1959
Proclaims that children must be protected from labour that hinders their health, education, and
well-being, urging governments to prioritize their development.
2. Convention on the Rights of the Child (CRC)
Adopted in 1989, the CRC is the first globally binding treaty on child rights. It defines a child
as any person under 18 years and protects them from economic exploitation, particularly
hazardous labour, under Article 32. It mandates that signatory states, including India, take
measures to protect children from labour that threatens their development and provide access
to education. India ratified this convention, demonstrating its commitment to implementing
these protections.
3. International Labour Organization (ILO) Conventions
• Convention No. 138: Establishes 15 years as the minimum age for employment, aiming
to eliminate child labour.
• Convention No. 182: Focuses on eradicating the worst forms of child labour, such as
slavery, trafficking, and prostitution.
India, through its laws and international commitments, strives to eliminate child labour.
While significant legislative and judicial frameworks exist, stronger enforcement and public
awareness are essential to effectively address this deep-rooted issue.
