INTRODUCTION

1. CHILD LABOUR IN INDIA.........................................................3

2. CHILDA LABOUR(REGULATION AND PROTECTION ACT,
1986).................................................................................................9
3. PROVISIONS OF CONSTITUTION OF INDIA........................13
4. CASE LAWS....................................................................................16
5. CONCLUSION
BIBLIOGRAPHY

INTRODUCTION
Child Labour (Prohibition & Regulation) Act, 1986 was the culmination of effort and ideas that emerged
from the deliberations and recommendations of various committees on child labour. Significant among
them are the National Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour
(1979). Sanat Mehta Committee (1984) and others.
The basic objective of the Child Labour (Prohibition & Regulation) Act 1986, is to ban employment of
children below the age of 14 years in factories, mines and hazardous employment's and to regulate the
working conditions of children in other employment's.Child Labour prohibition and protection provisions,
on which this paper focuses, are stated under Article 32, and indirectly addressed though preventative
measures such as compulsory primary education outlined in Article 28
Child labour is the practice where children engage in economic activity, on part or full-time basis. The
practice deprives children of their childhood, and is harmful to their physical and mental development.
Poverty, lack of good schools and growth of informal economy are considered as the important causes of
child labour in India.1
The 2001 national census of India estimated the total number of child labour, aged 514, to be at 12.6
million.2 Child labour problem is not unique to India; worldwide, about 217 million children work, many
full-time.3
In 2001, out of a 12.6 million, about 12 million children in India were in a hazardous job.
[5]

UNICEF estimates that India with its larger population, has the highest number of labourers in the

world under 14 years of age, while sub-saharan African countries have the highest percentage of children
who are deployed as child labour.4 International Labour Organization estimates that agriculture at 60
percent is the largest employer of child labour in India, while United Nation's Food and Agriculture

1 "Child labor - causes". ILO, United Nations. 2008

2 "National Child Labour project". Ministry of Labour and Employment, Government of India. Retrieved 2011-0912.
3 "Child Labour - ILO". ILO, United Nations. 2011
4 "India- The big picture". UNICEF. Retrieved 2009-10-19.
2

Organization estimates 70 % of child labour is deployed in agriculture and related activities. Outside of
agriculture, child labour is observed in almost all informal sectors of the Indian economy.5
Article 24 of India's constitution prohibits child labour. Additionally, various laws and the Indian Penal
Code, such as the Juvenile Justice (care and protection) of Children Act-2000, and the Child Labour
(Prohibition and Abolition) Act-1986 provide a basis in law to identify, prosecute and stop child labour in
India6.
The Act addresses itself to the issue of Child Labour which is social concern. This Act prohibits the
engagement of children below the age of 14 years in certain employments and regulates the conditions of
work of children in certain other employments.

CHILD LABOUR IN INDIA

The term Child is not defined in the Indian Constitution. According to Article 1 of the Unite Nations
Convention on the Rights of the Child 1989, a child means every human being below the age of eighteen
years unless, under the law applicable to the child, majority is attained earlier. The The legal definition of
child tends to depend upon the purpose. There are a number legislations in India which defines the term
Child depending upon the purpose. Under the Indian Majority Act,1875
The age of majority is eighteen years & in case of a minor for whose person & property a guardianIs
appointed or whose property is under the supervision of the Court of Wards the age of majority
twenty-one years. Under the Child Labour (Prohibition and Regulations) Act, 1986, child means a
person who has not completed his fourteenth year of age. Under the Child Marriage Restraint
Act,4/14/13 .
child means a person who, if a male, has not completed twenty-one years of age and, if a
female, has not completed eighteen years of age. Under Juvenile Justice (Care and Protection)
Act, 2000, Juvenile or Child means a person who has not completed eighteenth year of age.
The every non-school going child irrespective of whether child is engaged in wage or non-wage work,
whether working in hazardous, whether employed in house or other employed on a day wage or on
5 "Child Labour". Labour.nic.in. Retrieved 2012-07-13.
6 "National Legislation and Policies Against Child Labour in India". International Labour Organization - an Agency
of the United Nations, Geneva. 2011.
3

contract basis is a child Labour.7 Most of child labour occurs in developing countries, mainly in
agriculture but also in domestic service, factory production and backstreet workshops. Over 25% of
children in sub-Saharan Africa and 18% in Asia remain trapped within the purview of poverty of which
child labour is part. In other word, we can define it as all economic activity for children 12 years, any
work for those aged 12-14 of sufficient hours per week to undermine their health or education, all
hazardous work which could threaten the health of children, under 18.8
History of child labour
In 1985 it was the first time the issue of child labour attracted everyone in India 9. The government
appointed committee in the past to look into the question of the child labour but due to improper
implementation of existing Act and lack of media coverage those committee were not so effective. One of
the Bangalore Based NGO argued about the Child Labour. They said Poverty is the main cause of the
child labour so attempt should be made to regulate the condition under which children work rather than to
prohibit such work. Two schools of thoughts, (a) One supported the government position of regulation, (b)
Prohibition of the Child Labour10. The child Labour Prohibition and Regulation Act came into force
towards the latter half of 1986. It listed particular process in certain industry as being banned the children
below the age of fourteen years with the proviso that such a ban would not apply to those children
working as apart of family labour. The provision of 1986 Act were almost identical to those in
Employment of children Act 1938 with reference to the ban referred. The significant difference was
between the laws of 1938 and 1986 was that the latter envisaged the Technical Advisory committee which
was to investigate on a continuing basis process in different industry in order to determine whether they
were hazardous or otherwise11.
Causes of child labour
Child Labour is a socio- Economic phenomenon. This phenomenon is trapped in a vicious circle of by
Poverty, illiteracy, unemployment, demographic expansion, deep social prejudices and above all the
government lack of interest are commonly considered as the most prominent causative factors for large7 www.krepublishers.com/02Journals/J1SJS1-13-0-000-000-2006-web
8 www.uk.oneworld.net/guides/childlabour
9 By Neera Burra,Born to Work child Labour in India Oxford University Press.
10 Suppra 5
11 Suppra 6
4

scale employment of children. It has been officially stated that child labour is no longer a medium of
economic exploitation but is necessitated by economic necessity of the parents and in many cases that of
the child himself. 12 There are several causes which has fail to check out the problem of the child labour.
First, the provision of the protective labour legislation does not cover agriculture ands small scale
industries. Secondly, the concerned authority , which are provided by the state governments, are
unable everywhere and fail to check-up on child labour. Particularly in India, the causes of failure are : (1)
poverty; (2) low wages of the adult; (3) unemployment; (4) absence of schemes for family allowance; (5)
migration to urban areas; (6) large families: (7) children being cheaply available; (8) non-existence of
provisions for compulsory education; (9) illiteracy and ignorance of parents; and (10) traditional attitudes.

The child of today cannot develop to be a responsible and productive member of tomorrow's society
unless an environment which is conducive to his social and physical health is assured to him. Every
nation, developed or developing, links its future with the status of the child. Childhood holds the potential
and also sets the limit to the future development of the society. Children are the greatest gift to humanity.
Mankind has the best hold of itself. The parents themselves live for them. They embody the joy of life in
them and in the innocence relieving the fatigue and drudgery in their struggle of daily life. Parents regain
peace and happiness in the company of the children. The children signify eternal optimism in the human
being and always provide the potential for human development. If the children are better equipped with a
broader human output, the society will feel happy with them. Neglecting the children means loss to the
society as a whole. If children are deprived of their childhood - socially, economically, physically and
mentally - the nation gets deprived of the potential human resources for social progress, economic
empowerment and peace and order, the social stability and good citizenry. The Founding Fathers of the
Constitution, therefore, have emphasized the importance of the role of the child and the need of its best
development. Dr. Bhimrao Ambedkar, who was far ahead of his time in his wisdom, projected these rights
in the Directive principles including the children as beneficiaries. Their deprivation has deleterious effect
on the efficacy of the democracy and the rule of law.
Practice of child labour in India is very old. It has been in existence in our country since time immemorial
in one form or the other. Who does not know the existence of the practice of child labour in Carpet
Industry, Match and fire works industry in Sivakashi; stone quarrying, Bras Work in Moradabad, Glass
Bangle Industry in Firozabad, Zari making work in Lucknow, Lock making industry in Aligarh

12 Suppra 2
5

We daily come across in existence of such a practice in other sectors too such as restaurants, dhabas,
domestic servants, coolies etc. working conditions of such labour are pitiable. Most of them belong to
illiterate ignorant, poor, weaker and oppressed section of the society.
The system of child labour is a scale of the economy of a country, a curse to the children and a stigma on
the forehead of so-called modern and civilized society. the system of child labour in India is ab inito, but it
continue, even today, and the childhood of millions of children is being crushed in the modern race of
modernity.
"Child labourer": The children, who are engaged as physical or mental labourers in an industry, agriculture
or profession, are called, child labourers.
Section 2(ii) of Child Labour (Prohibition and Regulation) Act, 1986 defines "child" as 'A person who has
not completed his fourteenth year of age.'
Most of the child labourers are employed in agricultural works in villages, animal husbandry, fisheries,
forestation, tree plantation and agricultural based cottage industries. Here, child labour are engaged in
house-jobs, shops, hotels, restaurants, small and large industries, means of transport and communications
etc.

besides

this

most

of

the

children

are

engaged in boot-polish work, milk selling, newspaper selling, drawing rickshaws, hawkering, begging and
other activities, such as hose-building, brick furnace, road building, etc. they are compelled to earn their
livelihood at the cost of their mild childhood.
Our Constitution makers, wise and sagacious as they were, had known that India of their vision would not
be a reality if the children of the country are not nurtured and educated. For this, their exploitation by
different profit makers for their personal gain had to be first indicted. It is this need, which has found
manifestation in Article 24, which is one of these two provisions in Part IV of our Constitution on the
fundamental right against exploitation. The framers were aware that this prohibition alone would not
permit the child to contribute its mite to the nation building work unless it receives at least basic
education. Article 45 was therefore inserted in our paramount parchment casting a duty on the state to
endeavor to provide free and compulsory education to children.

Child is very important for the development of the society at large. The development of the Nation is
exclusively based on the status of the Child. It is also true that this is one of the vulnerable groups in the
society. We can also further add that Children are the Assets of the Nation. Children plays very significant
role in the Nation building. All these make obligatory on everyone to protect and provide various
safeguards to the children. It is our prime duty to provide care and protection towards children as they are
6

innocent. For the progress of the community at large we need to pay attention towards education of
children. In reality there are various social evils with children; one of them is Child Labour.
The Child Labour 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 Labour.In any Country protection of children and young people
is of prime importance. So the responsibility to provide healthy atmosphere to the children to their fullest
physical and mental development rests on all the civilized society. 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.
Child Labour as an Economic Practice:
Two assumptions have broadly influenced Government's policies in respect of Child Labour. The first is
that, Child Labour is a 'harsh reality' and one can only mitigate some of the harshness of the exploitative
aspects of Child Labour. The 'harsh reality' of Child Labour arises out of the fact that in the present state of
development in the country many parents, on account of poverty, have to send their children to work in
order to supplement their income and the income derived from the Child Labour, however to do work is
essential

to

sustain

the

family.

This

is

the

'poverty

argument

of

Child

Labour.

Further it can be said that Child Labour as an economic practice signifies employment of children in
gainful

economic

occupation

with

view

to

adding

to

the

income

of

the

family.

Child Labour as a Social Evil:

The second assumption is that there is a distinction between Child Labour and exploitation of the Child
Labour. It has been accepted that a certain amount of Child Labour will persist under the family
environment which is non-exploitative. This is not only inevitable but also desirable. At the same time,
there are other forms of child work such as in hazardous occupations, factories and other organized
establishments which are reprehensible and should not be allowed to continue. Adding to this its true to
say employment of children below notified age by the legislation providing rules regarding prohibition
and regulation of Child Labour in dangerous, hazardous industries and engagement depriving of
opportunities

of

their

development.

Child Labour is not Child work. Child work can be beneficial and can enhance a childs physical, mental,
7

spiritual, moral or social development without interfering with schooling, recreation and rest. Helping
parents in their household activities and business after school in their free time also contributes positively
to the development of the child. When such work is truly part of the socialization process and a means of
transmitting skills from parents to child, it is not Child Labour. Through such work children can increase
their status as family members and citizens and gain confidence and self-esteem.

CHILD LABOUR (PROTECTION AND REGULATION)ACT, 1986

The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the employment of children
below the age of 14 years in hazardous occupations identified in a list by the law. The list was expanded in
2006, and again in 2008.
THE ACT:
Bans the employment of children, i.e. those who have not completed their 14 th year, in specified
occupations and process;
Lays down a procedure to make additions to the schedule of banned occupations or processes;
Regulates the working conditions of children in occupations where they are not prohibited from working;
Lays down penalties for employment of children in violation of the provisions of this Act, and these Acts
which forbid the employment of children;
Brings out uniformly in the definition of "Child " in related laws.
Section2 Defination clause-In this Act, unless the context otherwise requires, (i) "appropriate Government" means, in relation to an establishment under the control of the Central
Government or a railway administration or a major port or a mine or oilfield, the Central Government, and
in all other cases, the State Government;
(ii) "Child" means a person who has not completed his fourteenth year of age;
(iii) "Day" means a period of twenty-four hours beginning at midnight;
8

(iv) "Establishment" includes a shop, commercial establishment, workshop, farm, residential hotel,
restaurant, eating-house, theatre or other place of public amusement or entertainment;
(v) "Family", in relation to an occupier, means the individual, the wife or husband, as the case may be, of
such individual, and their children, brother or sister of such individual;
(vi) "Occupier", in relation to an establishment or a workshop, means the person who has the ultimate
control over the affairs of the establishment or workshop;
(vii) "Port authority" means any authority administering a port;
(viii) "Prescribed" means prescribed by rules made under Sec. 18;
(ix) "Week" means a period of seven days beginning at midnight on Saturday night or such other night as
may be approved in writing for a particular area by the Inspector;
(x) "Workshop" means any premises (including the precincts thereof) wherein any industrial process is
carried on, but does not include any premises to which the provisions of Sec. 67 of the Factories Act, 1948
(63 of 1948), for the time being, apply.

The Act prohibits employment of children below 14 years of age in occupations and processeslisted in
Part A and B of the Schedule to the Act. Through a Notification dated 26.5.1993, the working conditions
of children have been regulated in all employments, which are not prohibited under the Child Labour
(Prohibition & Regulation) Act 1986. Through a Notification dated 27.1.1999 the Schedule has been
modified by adding six more occupations and 33 processes, thereby bringing the total to 13 occupations
and 51 processes respectively.

Section 5 of the child Labour (Prohibition & Regulation) Act 1986, provides for the constitution of a child
labour Technical Advisory Committee to advise the Central Government for the purpose of addition of
occupations and processes to the schedule of the Act.
The Act prohibits employment of child in about 13 occupations and about 51 processes.

REGULATORY PROVISIONS

The Act provides no child shall be permitted or required to work between 7p.m. and 8 a.m., for more than
3hrs. before he has an interval for rest at least one hour. Every child employed in an establishment shall be
allowed in each week a holiday for one whole day.
ADMINISTRATIVE MACHINERY

All the Inspecting Officers of the Labour Deptt. are notified as inspectors for the purpose of this Act. On
receept complaints inspections are conducted by the inspectors. For any violation prosecution is filled in
the Court of respective area Metropolitian Magistrate by the Inspectors.

Penalties

Whoever employs or permits any child to work in the occupations and processes in which employment of
children is prohibited shall be punishable with imprisonment upto one year with fine not less than Rs.
10,000/- or with both. For other conteaventions the penalty is upto one months imprisonment or with fine
upto Rs. 10,000/- or with both.
The Child Labour (Prohibition And Regulation) Act, 1986 It is stated in section 9.' Z4 (pa. 73) of the
India Country Report, that; 'The Child Labour (Prohibition and Regulation) Act, 1986, prohibits
[children's] employment in jobs hazardous to their lives and health....The
working conditions of the employment of children are regulated in all
occupations and processes where their employment is not prohibited. The
Act also ensures that they have adequate hours of rest and holidays.'

This is an accurate summary of the Act, but the report gives the impression that this law is
being successfully enforced and does not allude to the inadequacies inherent in the law and the
problems of its implementation. For example between 1986 and mid 1993 throughout India,

10

there was only 3, 488 prosecutions under the Act with only 1, 426 convictions mid none of
those convicted have served a jail sentence for their crimes. This section seeks to highlight the
limitations of the 1986 Act, and make suggestions on how the law can be amended to fulfill the
requirements of the Convention on the Rights of the Child.
n The aim of the Act is to "prohibit the engagement of children in certain [forms of
hazardous employment[sJ and to regulate the conditions of work of children in certain
other forms of non-hazardous] employment[s]". This arbitrary distinction between
'hazardous' and 'non-hazardous' employment needs to be eradicated for two reasons:
Firstly the selection of occupations and processes deemed hazardous is not
comprehensive. For example, it does pot include glass manufacturing, sariweaving,
lock making, rag picking, sewer cleaning and gem polishing which can
result in one or a combination of the following; tuberculosis, eye defects, tetnus,
infectious diseases, bronchitis etc13.
Secondly, by defining 'hazardous' on the basis of direct physical harm, the Act
neglects the long-term and indirect physical consequences of 'non-hazardoust
child labour, and the psvchological trauma inflicted on children which can be
equallv detrimental to the well being of a child. In other words, all child labour
situations in which children are denied their rights to development~ education,
medical care, recreation and leisure, are a violation of the rights of the child and
should be prohibited. This requires the clarification of the word 'hazardous' to
been used in the context of what is hazardous to the child as opposed to its use
in the definition of labour, industries and processes.14
n The definition of the 'establishment' where children work, in such a narrow context
13 Bajpai Asha, Child Rights in India, 2nd ed. (2006), Oxford University Press
11

restricts action to 15% of the child labour force in the organised sector. ( Establishment'
includes a shop, commercial establishment, workshop, farm, residential hotel
restaurant, eating house, theatre or other place of public amusement or entertainment' )
The majority of child labourers suffering exploitation and who are being denied their
fundamental rights, are left unprotected. Regulatory provisions in the Act are not made
for children working in the agricultural sector and some of those working in the
unorganised sector.
Furthermore the definition precludes child labour employed in homes. In this context.
there is a need to redefine categories of child labour and to incorporate agriculture work
and unorganised sector work such as household labour and self employed children.
The 'regulatory' provisions should only be applied to children over 14 wars (15-18 year
olds'. This age group should also have its own section within the Act; with special
protection measures against exploitation and abuse, and incorporating all the rights
granted to adult workers.
Sec.14 Penalties;- (1) whoever employs any child or permits any child to work in contravention of the
provision of section 3 shall be punishable with imprisonment for a term which shall not less than three
months but which may extend to one year or with fine which shall not be less than ten thousand rupees
but which may extend to twenty thousand rupees or with both.
(2) whoever, having been convicted of an offence under section3, commits a like offence afterwards, he
shall be punishable with imprisonment for a term which shall not be less than six months but which may
extend to two years.
(3) whoever(a) fails o give notice as required by section 9
(b) fails to maintain a register as required by section 11 or makes any false entry in any such register by
14 Rao Mamta, Law relating to Women & Children, 2nd ed. (2008), Eastern Book Company,
Lucknow.
12

section 12;
(c) fails to display a notice containing an abstract of section 3 and this section as required by section 12;
or
(d) fails to comply with or contravenes any other provisions of this Act or the rules made there under ,
Shall be punishable with simple imprisonment which may extend to one month or with fine which may
extend to ten thousand rupees or with both

The Child Labour (Prohibition and Regulation) Amendment Bill, 2012

The Child Labour (Prohibition and Regulation) Amendment Bill, 2012 was introduced in the
Rajya Sabha on December 4, 2012 by the Minister of Labour and Employment, Mallikarjun
Kharge.The Bill seeks to amend the Child Labour (Prohibition and Regulation) Act, 1986, which
prohibits the engagement of children in certain types of occupations and regulates the condition of
work of children in other occupations.

The Act prohibits employment of children below 14 years in certain occupations such as
automobile workshops, bidi-making, carpet weaving, handloom and power loom industry, mines
and domestic work. In light of the Right of Children to Free and Compulsory Education Act,
2009, the Bill seeks to prohibit employment of children below 14 years in all occupations except
where the child helps his family after school hours.

The Bill adds a new category of persons called adolescent. An adolescent means a person
between 14 and 18 years of age. The Bill prohibits employment of adolescents in hazardous
occupations as specified (mines, inflammable substance and hazardous processes).

The central government may add or omit any hazardous occupation from the list included in the
Bill.

The Bill enhances the punishment for employing any child in an occupation. It also includes
penalty for employing an adolescent in a hazardous occupation.
13

The penalty for employing a child was increased to imprisonment between 6 months and two
years (from 3 months-one year) or a fine of Rs 20,000 to Rs 50,000 (from Rs 10,000-20,000) or
both.

The penalty for employing an adolescent in hazardous occupation is imprisonment between 6

months and two years or a fine of Rs 20,000 to Rs 50,000 or both.

The government may confer powers on a District Magistrate to ensure that the provisions of the
law are properly carried out.

The Bill empowers the government to make periodic inspection of places at which employment of
children and adolescents are prohibited.

4.CONSTITUTIONAL PROVISIONS
The framers of our Constitution were well known of the fact the development of the nation can be
achieved by the development of the children of the nation & it is necessary to protect the children from
exploitation as well. The following are the provisions of the Indian Constitution relating to children:
Article 14 provides that the State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
Article 15(3) provides that Nothing in this article shall prevent the State from making any special
provision for women and children.
Article 21 provides that no person shall be deprived of his life or personal liberty except according to
procedure established by law.
Article 21A provides that the State shall provide free and compulsory education to all children of the age
of six to fourteen years in such manner as the State may, by law, determine.
Article 23(1) provides that traffic in human beings and beggar and other similar forms of forced labour
14

are prohibited and any contravention of this provision shall be an offence punishable in accordance with
law.
Article 24 provides 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.
Article 29(2) provides that no citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste,
language or any of them.
Article 39(e) provides that the shall, in particular, direct its policy towards securing 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.
Article 39(f) provides that the shall, in particular, direct its policy towards securing 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 provides that the State shall endeavour to provide early childhood care and education for all
children

until

they

complete

the

age

of

six

years.

Article 47 provides that the State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary duties.
Article 51A(k) provides that it shall be the duty of every citizen of India who is a parent or guardian to
provide opportunities for education to his child or, as the case may be, ward between the age of six and
fourteen years.
OTHER LEGISLATION
Apart from the Constitution there are a number of legislations which deals with children. The following
are some of them:
The Guardian and Wards Act 1890
This Act deals with the qualifications, appointment & removal of guardians of children by the courts & is
15

applicable to all children irrespective of their religion.

The Child Marriage Restraint Act 1929
This Act as amended in 1979 restraints the solemnization of child marriages by laying down the minimum
age for both boys & girls. This law is applicable to all communities irrespective of their religion.
The

Orphanages

and

Other

Charitable

Homes

(Supervision

And

Control)

Act

1960

This Act provides for the supervision and control of orphanages and homes for children. Apprentices Act
1961. This Act lays down qualifications for persons above fourteen years of age to undergo
apprenticeship training in any designated trade.The Child Labour (Prohibition And Regulation) Act 1986
This Act prohibits the engagement of children in certain employment & regulates the conditions of work
of children in certain other employment.The Infant Milk Substitutes, Feeding Bottles and Infant Foods
(Regulation of Production, Supply and Distribution) Act 1992 This Act regulates the production, supply
and distribution of infant milk substitutes, feeding bottles & infant foods with a view to the protection &
promotion of breastfeeding & ensuring the proper use of infant foods & other incidental matters.
The Pre-Natal Diagnostic Technique (Regulation and Prevention of Misuse) Act 1994.
This Act provides for the regulations of the use of pre-natal diagnostic techniques for the purpose of
detecting genetic or metabolic or chromosomal abnormalities or certain congenital malformation or sexlinked disorders & for the prevention of the misuse of such techniques for the purpose of pre-natal sex
determination leading to female foeticide. The Juvenile Justice (Care and Protection of Children) Act
2000
This Act deals with the law relating to juveniles in conflict with law & children in need of care &
protection, by providing for proper care,
protection & treatment by catering to their development needs & by adopting a child-friendly approach
in the adjudication & disposition of matters in the best interest of children & for their ultimate
rehabilitation through various institutions established under the Act.
5.CASE LAWS

16

Judicial Decisions
M.C. Mehta Vs. State of Tamil Nadu and Others15
In this case, Indian activist plaintiff M.C. Mehta sued the state of Tamil Nadu to improve the working
conditions for children and to provide children rescued from hazardous labor with an education. The
Honble Supreme Court issued a landmark ruling that the Indian Constitution (Article 24) requires the
state to endeavor to provide a free, compulsory education for children. The Court found that children
under the age of 14 could not be engaged in hazardous employment, and ordered the government to
establish and maintain a child labor rehabilitation welfare fund. Employers that violated child labor laws
would be required to make a deposit into the fund; the government would also be required to offer the
parent of each child engaged in hazardous employment a job, or else make a deposit into the fund.
Bandhua Mukti Morcha Vs. Union of India and others16
In this case, the Supreme Court held "Therefore, whenever it is shown that the labourer is made to
provide forced labour, the Court would raise a presumption that he is required to do so in consideration of
an advance or other economic consideration received by him and he is, therefore, a bonded labour. This
presumption may be rebutted by the employer and also by the State Government if it so chooses but
unless and until satisfactory material is provided for rebutting this presumption, the Court must proceed
on the basis that the labourer is a bonded labourer entitled to the benefit of provisions of the Act. The
State Government cannot be permitted to repudiate its obligation to identify, release and rehabilitate the
bonded labourers on the plea that though the concerned labourers may be providing forced labour, the
State Government does not owe any obligation to them unless and until they show in an appropriate legal
proceeding conducted according to the rules of adversary system of justice, that they are bonded
labourers."
J.P.Unnikrishnan & Others Vs. State of Andhra Pradesh & Others17
In this case, the Supreme Court held that citizens of this country have the fundamental right to education
and the said right flows from Article 21 of the Constitution. This right is, however, not an absolute right.
15 AIR 1991 SC 417; AIR 1997 SC 699
16 AIR 1984 SC 802
17 AIR 1993 SC 2178
17

Every child/citizen of this country has the right to free education until he completes the age of fourteen
years. Thereafter, his right to education is subject to limits of the economic capacity and development of
the

State.

Mohini Jain vs. State of Karnataka18

In this case, the Supreme Court was called upon to deal with the question of right to education
under Article 41 and once again the Court emphasized the importance of Directive Principles by holding
that the right to education is concomitant to the Fundamental Rights and made the following observation:
The directive principles which are fundamental in the governance of the country cannot be isolated from
the Fundamental Rights guaranteed under Part III. These principles have to be sent into the Fundamental
Rights. Both are supplementary to each other. The State is under a constitutional mandate to each other.
The State is under a constitutional mandate to create conditions in which the Fundamental Rights
guaranteed to the individuals under Part III could be enjoyed by all. Without making Right to education
underArticle 41 of the Constitution a reality, the Fundamental Rights under Chapter III shall remain
beyond the reach of large majority which is illiterate. The Fundamental Rights guaranteed under Part III
of the Constitution of India including the right to freedom of speech and expression and other rights
under Article 19 cannot be appreciated and fully enjoyed unless a citizen is education and is conscious of
his individualistic dignity.

CONCLUSION
The l986 Act, by overriding other labour legislation, in certain instances ironically
contributes to further vulnerability of the child labourer. For example, by defining a child
as a person who has not completed 14 years of age, the Act has actually lowered the
age for a child's entry into some prohibited employment such as motor transport,
shipping and factories. It also does not include vital clauses such as the prohibition of

18 AIR 1992 SC 1858

18

night employment of persons below 17 years of age as stated in Section 3 (2) of the
Employment of Children Act, 1938, and the requirement for employers to send a notice
to the labour inspector before any of the 'prohibited' processes are started in the
workshop as stated in Section 3 (B). The Factories Act, 1948 left the onus of proving the
age of employees to the 'occupier', but this is not the case in the 1986 Act.'' (Occupier'
means the person who has ultimate control over the affairs of the establishment or
workshop) Refer' to Annex 2 there is an urgent need to incorporate the positive clauses
of previous legislation into the 1986 Act
n Measures that need to be incorporated into the 1986 Act to improve its
enforcement, are;
1. the inclusion and clear definition of the role of decentralised government
institutions in enforcing the Act;
2. inspection teams, to impose on the-spot fines and initiate other appropriate
penalties;
3. the setting up of a joint task force at the District level consisting of eminent
citizens, social workers. and officials of the Labour Department to monitor the
implemptation of the Act;
4. empowerment and access to records for inspection to be given to NCGO's and
Trade Unions and reports made by them on the prevalence of child labour, to
legally oblige the factory inspector to initiate prosecution process;

19

5. the incorporation of enforcement mechanisms such as seizure of plants,

machinery and cancellation of licenses;
6. and the legal obligation of an occupier previously convicted of employing child
labourers, to prove within a set period of- time that no children -are being
employed;
7. extending the coverage ot the Act to include every occupation in which
children are employed, irrespective of the existence of an establishment
It can be said that the problem of Child Labour exploitation is still burning issue in India. The disease
spreading day by day to tackle the problem we have to find proper and effective mechanism. Government
of India should form separate mechanism for effective implementation of Education policy in India. The
Education policy of Government in existence is not satisfactory not capable to fulfill their economic
needs. The negligent behavior of parents indulges children in to work which is one of the risks to their
socio-economic status. The various organizations in the area of Child Labour, child right violation, child
abuse is taking efforts to protect and eradicate the same, and the Parents of the children make aware that
temporary gain is not helpful to their family. The efforts shall be taken from the Government with help of
NGOs in the area of small family norms, compulsory education, and so on. The picture is clear that the
problem of Child Labour can only eradicate if there is joint efforts of Governmental agencies and NGOs
actively working in the same area.
Various welfare enactments made by Parliament and the appropriate State Legislatures are only teasing
illusions and a promise of unreality unless they are effectively implemented and make the right to life to
the child driven to labour a reality, meaningful and happy. Article 24 of the Constitution prohibits
employment of the child below the age of 14 years in any factory or mine or in any other hazardous
employment, but it is a hard reality that due to poverty the child is driven to be employed in a factory,
mine

or

hazardous

employment.

Pragmatic, realistic and constructive steps and actions are required to be taken to enable the child
belonging to poor, weaker sections, Dalits and Tribes and minorities, enjoy their childhood and develop
their full blossomed personality - educationally, intellectually and culturally with a spirit of inquiry,
reform

and

enjoyment
20

of

leisure.

 Child labour, therefore, must be eradicated through well-planned, poverty-focused alleviation,

development and imposition of trade actions in employment of the children etc. Total banishment of
employment may drive the children and mass them up into destitution and other mischievous
environment,

making

them

vagrant,

hard

criminals

and

prone

to

social

risks

etc.

Despite the above, the stark reality is that in our country, children are exploited lot. Child labour is a big
problem and has remained intractable, even after 57 years of our having become independent despite
various legislative enactments prohibiting employment of a child in a number of occupations and
avocations

The National Policy for Children, 1974 declared that the children are the supreme asset of the nation .
Children are the future of the nation. No civilized country can ever develop without proper health &
educational development of their children. The Government must divert its policies towards the
development of children. All prominent policies of the Government must contain provisions relating to
children. The Constitution of India aimed at making India a Welfare State & for achieving it the
development of the children of our nation is essential.
SUGGESTIONS
(1) While exploitation of the child must be progressively banned, other simultaneous alternatives to the
child should be evolved including providing education, health care, nutrient food, shelter and other means
of livelihood with self-respect and dignity of person. Immediate ban of child labour would be both
unrealistic and counter-productive. Ban of employment of children must begin from most hazardous and
intolerable activities like slavery, bonded labour, trafficking, prostitution, pornography and dangerous
forms

of

labour

and

the

like.

(2) A direction needs to be given that the Govt. of India should convene a meeting of the Ministers
concerned of the respective State Governments and their Principal Secretaries holding Departments
concerned, to evolve the principles of policies for progressive elimination of employment of the children
below the age of 14 years in all employments governed by the respective enactments mentioned in this
paper

along

with

other

legislative

enactments.

(3) Compulsory education to all children either by the industries themselves or in coordination with it by
the State Govt. to the children employed in the factories, mine or any other industry, organized or
21

unorganized labour with such timings as is convenient to impart compulsory education, facilities for
secondary,

vocational

profession

and

higher

education.

(4) Periodical reports of the progress made in that behalf be submitted to the government.

BIBLIOGRAPHY

Tzehainesh Tekle , Labour lawand worker protection in developing countries,

Prof. Suresh .C. Srivastava, Labour law and labour relation , 3 rd Ed. (.publication,place of

publication, year)
D. S. Chopra, Commentaries on Factories Act, 1948, Labour Law Agency, Mumbai, 3rd

Edition, 2005.
Dr. Avtar Singh ,Introduction to labour law and industrial law , Second Edition 2008.
Justice P.S. Narayana & Anita Gogia, The Laws Relating to Children In India, Gogia law

Agency, Hyderabad, 1st Edition, 2007.

www.google.co.in
www.lawkhoz.com
www.legalserviceindia.com

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