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Child laborers are exploited, paid minimal wages and made to work under unhealthy conditions which adversely affect their mental and physical health. This makes the nation to be deprived of the healthy working force required for its continuous progress and growth. The lives of the children have become miserable in such conditions making it pitiable. The future of a country depends upon the present of the country's children. It becomes necessary for a nation to invest upon the country’s future by protecting their rights and framing and implementing laws regarding child welfare.
The Constitution of India contains provisions in respect of children under Part III i.e. Fundamental Rights, and Part IV of the constitution, i.e. Directive Principles. The provisions are as follows-
Nothing in this Article prevents the State from making any special provision for women and children. Thus the article empowers the State to make special provisions for the children in order to stop exploitation against them.
The State shall provide free and compulsory education to all children of the age 6-14 years. The article is added keeping in view of creating a necessary base for the economy by providing education free of cost, since the majority of the population in India is living below the poverty line.
Prohibits traffic in human beings, beggary and other similar forms of forced labour. Child Trafficking for slavery is a major issue as to child labour.
States that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. This Article is important as it prohibits child labour in hazardous employment in order to bring welfare to the children.
Article 39(e) & (f), 41, 45, 46, 51A (k)of the DPSP directs the State to ensure protection of children and child care. Children are also to be provided with equal opportunities and facilities to develop in a healthy manner.
The Apex Court in Unni Krishnan v. State of AP, has held that the "Right to Education" up to the age of 14 years is a fundamental right within the meaning of Article 21 of the Constitution but thereafter, the obligation of the State to provide education is subject to the limits of its economic capacity. The right to education flows directly from the right to life. Thus every child of the country has a right to free education until he completes the age of 14 years. Arts. 21-A and 51-A(K) of the Constitution are also relevant with this.
In M.C. Mehta v. State of Tamil Nadu, known as Child Labour Abolition case, the Apex Court has held that children below the age of 14 years cannot be employed in any hazardous industry or mines or other work. This matter was brought before the Apex Court through the public interest litigation. Under Article 32 of the Constitution, the petitioner told the Court about the plight of children engaged in Sivakasi Cracker Factories and how the constitutional right of these children guaranteed by Article 24 was being grossly violated and requested the Court to issue appropriate directions to the Governments to take steps to abolish child labour.
As compared to other countries, child labour in India is more prevalent. Since 1933, various laws have been made in India to control child labour. These laws include:
The State Government fixes minimum wages that are to be provided to the workers/labourers including the child labourers. The government fixed wages according to the type of work and according to the class of workers.
This Act provides that no child should be present where the work of mining is going on and no child should be employed for such work.
No child below the age of 14 years shall be employed in a factory. There are rules that a factory has to follow if they employ pre-adults that are between 15-18 years of age.
The basic objective of the Act is to prohibit the employment and to regulate the conditions of work of the children who have not completed the age of 14 years in some occupation as defined under the Part-A of the schedule or in any of the workshops wherein the process mentioned in the part-B is carried out. This Act prohibits employment of children below the age of 14 years in hazardous occupations. Such hazardous occupations have been identified by law.
In order to ensure security against working conditions the Act also provides that no child shall be permitted to work between 7 p.m. and 8 a.m. and shall not be forced to work over time. Further no child shall work for more than 3 hours before he has an interval of one hour. A child cannot work in more than one place on any day. A weekly holiday is allowed. The Act also provides health and safety measures for the welfare of the children. Amicable working facilities such as drinking water, latrines and urinals, cleanliness, disposal of wastes and effluents, ventilation and temperature, etc. should be provided by the employer as defined under Section-13 of the Act. It is also mandatory for the employer to take measures for safety from dust and fumes, artificial humidification, fencing of machinery etc.
The Act also provides the punishment for the employer for employing any child in contravention of the provisions of the Act – imprisonment for not less than 3 months extending to 1 year or with fine not less than Rs. 10000 extending to Rs. 20000, or both.
Bandhua Mukti Morcha v. Union Of India is a landmark case in abolishing child and bonded labour. The Court relied on Articles 21, 23, 41, 42 and 39 (e) and (f) and secured the release and rehabilitation of such victims. The Court observed that the right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39, Article 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief.
The Supreme Court of India in the case of People’s Union for Democratic Rights & Ors Vs. Union of India & Ors, which is also known as Asiad Workers Case, provided that when a person provides a service that is a labour service and in return he/she gets remuneration less than the minimum wage then this case falls clearly in the scope of forced labour which is covered by Article 23 of the Indian Constitution.
Though there being various Constitutional provisions and legislations for controlling child labour in India there is a problem in its implementation. The children are still being exploited and there has been recent increases in child labour statistics after the new amendment act has come into force i.e. Child Labour (Protection & Regulation) Amendment Act, 2016. Despite such number of enactments and policies, it has been not a proper measure to control child labour. Child labour is still prevalent in India due to certain reasons i.e. poverty, low wages of the adults, unemployment, lack of education, migration to urban areas etc.