End Child Labour
End Child Labour
Child Labour
“There can be no keener revelation of a society’s soul
than the way in which it treats its children.”
- Nelson Mandela
Child:
There may be many definitions for “Child”. But UNCRC
(United Nations Convention on the Rights of the Child)
describes “Child” as a person below the age of 18, unless the
laws of a particular country set the legal age for adulthood
younger. The Committee on the Rights of the Child, the
monitoring body for the Convention, has encouraged States to
review the age of majority if it is set below 18 and to increase
the level of protection for all children under 18.
Child Labour:
Child and Adolescent Labour (Prohibition and Regulation)
Act, 1986 states that “no child (who has not completed the age
of fourteen years) shall be employed or permitted to work in
any occupation or process” and “No adolescent (who has
completed the age of fourteen years and has not completed the
age of eighteen years) shall be employed or permitted to work in
any of the hazardous occupations or processes set forth in the
schedule” which means whoever not completed the age of
fourteen years and has been employed in any of the
employments or whoever not completed the age of eighteen
years and employed in hazardous environment are meant to be
child labours.
The penalty for the above violation is imprisonment for a
term that shall not be less than 6 months but which may extend
to 2 years or fine which shall not be less than Rs. 20,000 but
which may extend to Rs. 50,000 or both.
The International Labour Organisation states that the
‘Child Labour’ is a work that
deprives children of their childhood, their potential and their
dignity, and that is harmful to physical and mental
development.
is mentally, physically, socially or morally dangerous and
harmful to children.
and/or interferes with a child’s ability to attend and
participate in school fully by obliging them to leave school
prematurely.
Hence, ‘Child Labour’ is considered as a crime that
deprives Children of their rights to education, their childhood,
physical and mental well-being.
Constitutional Provisions and Child:
Our constitution of India provides certain measures to the
welfare of children as mentioned below.
Article 15 (3)– Authorizes the State for the making any
special provision for women and children.
Article 21– No person shall be deprived of his life or his
personal liberty
Article 21A– The state shall provide free and compulsory
education to all children of the age of 6-14 years.
Article 23– Traffic in human being and beggar and other
forms of forced labour
Article 24–No child below the age of 14 shall be employed
to work in any factory or mine or engaged in any other
hazardous employment.
Article 39(e)– The State shall direct its policy towards
securing tender age of children is not abused and they are not
forced by economic necessity.
Article 39(f)– Children are to be given opportunities and
facilities to develop in a healthy manner and in conditions of
freedom and dignity against exploitation, against moral and
material abandonment
Article 45– Provide early childhood care and education for
all children until they complete the age of 6 years.
The general provisions under Article, 38, 42, 43, 45 and 47
of Directive Principles of State Policy, although do not deal
directly with child welfare.
Article-38 (1) Promote the welfare of the people
Article-42 and 43 Ensuring a decent standard of life and full
employment of leisure and social and culture opportunities.
Article-46 Makes provisions for promotion, with special
care of the educational and economic interest of SC and ST
and other weaker sections of the society.
Article-47 Raising standard of living of people.
Provisions in other Legislation:
For a case of child labour Indian Penal Code, Sec. 370,
the following sections in 370A, 342, 343, 344, 363A,
various laws may also be 374
considered for trafficking, Juvenile Justice Act 2015, Sec.
crimes against a child during 74-88, 80 -85, 87, 42, 33 -34
employment and bonded Bonded Labour System
labour Abolition Act 1976, Sec. 16-23
SC/ST ACT S. 3(h), 3(2)(v)
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