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Violation of child labour laws in India
Prevention of child labour is a herculean task. The government must ensure that the children are not abused and are given ample opportunities to develop in conditions of freedom and dignity. It cannot be achieved by merely enacting laws.
THE CONCEPT of equality of all human beings, as embodied in the Universal Declaration of Human Rights of I948 stipulates under Article 25 para two that childhood is entitled to special care and assistance. The above principle along with other principles of the Universal Declaration concerning child were incorporated in the Declaration of the Rights of the Child of 1959.The International Covenant on Civil and Political rights under Articles 23 and 24 and the International Covenant on Economic, Social and Cultural Rights under Article 10 made provisions for the care of the child.


The position of India in terms of child labour is not an appreciable one; with a credible estimates ranging from 60 to 115 million, India has the largest number of working children in the world. Whether they are sweating in the heat of stone quarries, working in the fields 16 hours a day, picking rags in the city streets, or hidden away as domestic servants, these children endure miserable and difficult lives. They earn little and are made to work more. They struggle to make enough to eat and perhaps to help feed their families as well. They do not go to school. Many of them have been working since the age of four or five, and by the time they attain adulthood they may be irrevocably sick and deformed they will certainly be exhausted, and in this way they are debarred from enjoying the basic human rights, which are essential for the advancement of one’s personality.


The International Convention and other international instruments, which deal with the subject of child labour are as follows:


  • Convention on the Rights of the Child, 1989.
  • Worst form of Child labour Convention 1999; and
  • Worst form of Child Labour Recommendation.


The supreme law of the country, the Constitution of India, too provides certain rights to children and prohibits child labour. Such provisions are as follows:


  • Article 24 provides that no child below the age of 14 years shall be employed in any factory or mine or engaged in any other hazardous work.


  • Article 39 (f) says that state, in particular, shall direct its policy towards securing that the health and strength of workers, men and women and the tender age of the children are not abused and that citizens are not forced by economic necessity to enter vocations unsuited to their age or strength.


  • Article 39 (f) provides 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 exploitations and against moral and material abandonment.


  • Article 45 declares that the state shall endeavour to provide, within the period of 10 years from the commencement of the Constitution, free and compulsory education for all children until they complete the age of 14 years.


  • Article 21A (added by the 86th Amendment Act 2002) provides that the state shall provide free and compulsory education to all children between the age of six to 14 years in such a manner as the state may by law determine.


  • Article 51A(k) (added by the 86th Amendment Act 2002) provides who is parent or guardian to provide opportunities for education to his child or the case may be, ward between the age of six and 14 years.


The attention in respect of employment of child labour and the violation of fundamental rights has been brought before the Apex Court in several cases. The Apex Court has issued detailed directions to eradicate the practice of employing children in hazardous industries, mines, or other works.


Prevention of child labour is a herculean task. It has to be seen that the tender age of children is not abused and the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity. It cannot be achieved by merely enacting laws; mere legislations cannot be used for the massive task of social engineering. As long as the social attitude and thinking remains deep rooted in the prevailing society and the law enforcement agencies remain silent, justice cannot be promoted by paper enactments.


The laws enacted for the benefit and development of child labour should be supported and backed by public opinion. If progressive legislation lacks the support of public opinion it just becomes a dead law.


It should be asserted that a social reform be done in consonant with social thinking, behaviour and after creation of strong public opinion as laws could be effective only if they are backed by a major selection of society. The law can be effective if two conditions are to be satisfied; one, supportive public opinion in its favour.


Apart from this, public awareness through education ,media and other means, political will and commitment combined with efficient administrative support are needed to tackle the problem of children. Special government machinery should be set up for eradication of the problems related to child labour and protection of their rights so that we can give them better deal in life by providing them basic amenities of life so as to make them better citizens of our nation.


It is an undisputable fact that the child of today is the future of our country. So the investment made on children is an asset for the future of our country. As a child is not a vase to be filled, but a fire to be lit, they should not be exploited by engaging them in employment in tender age but they should be given all necessary amenities and support so that they become responsible citizens of the nation and make the world a happier place to live in.
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COMMENTS (2)
.childrens right should be protected by appointing Childrens human rights commissioner in all districts of the states.
.childrens right should be protected by appointing Childrens human rights commissioner in all districts of the states.
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