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Every year on June 12, World Day Against Child Labour spotlights the ongoing fight of millions of children who are pushed into dangerous work that deprives them of education and safety. While typically viewed as a humanitarian issue, eliminating child labor necessitates strong legal action.
India has laws to safeguard children, yet enforcement loopholes allow exploitation to continue. This article aims at the importance of legal frameworks in protecting children and seeks to raise awareness, support tougher enforcement, and advocate against child labor.
Child labour is the employment of children in jobs that deprive them of their childhood, education, and dignity. It can cause emotional, physical, social, or moral harm. This must be separated from non-exploitative child labor, such as assisting with housework, which does not interfere with schooling or development.
Child labor is still prominent in India’s agricultural, domestic work, roadside hospitality, and even dangerous industries such as mining and explosives. Poverty, a lack of education, and social injustice are frequently cited as primary reasons.
India’s Constitution establishes a strong framework for protecting children:
Article 21A – Guarantees free and compulsory education for children aged six to fourteen.
Article 24 – Prohibits the employment of children under the age of 14 in manufacturing or hazardous jobs.
Article 39(e) & (f) – Encourages the state to guarantee that children are not pushed to work and have opportunities to develop with dignity.
These rules are the constitutional foundation of the legal battle against child exploitation.
The Child and Adolescent employment (Prohibition and Regulation) Act of 1986, as revised in 2016, is India’s primary law regulating child employment. Its main features include:
Employment of children under the age of 14 is strictly prohibited in all occupations.
Regulation of working conditions for adolescents (14-18 years old), including a restriction on dangerous jobs.
Increased consequences for infractions, including jail and substantial fines.
Supporting legislation includes:
The Right of Children to Free and Compulsory Education Act, 2009
The Juvenile Justice (Care and Protection of Children) Act, 2015
The Factories Act, 1948
Together, these regulations aim to prevent children from being exploited and instead allow them to receive an education and develop in a safe setting.
India adheres to international norms through:
ILO Convention No. 138 – Determines the minimum age for employment.
ILO Convention No. 182 – Focuses on eradicating the worst types of child labor.
UN Convention on the Rights of the Child (CRC) – Ensures the right to be protected from economic exploitation.
These conventions strengthen domestic laws while shining a worldwide spotlight on the issue.
Despite thorough legislation, there are significant gaps that prevent effective enforcement:
Allowing youngsters to work in “family enterprises” is one example of a loophole that frequently leads to hidden exploitation.
The concept of “non-hazardous” remains unclear.
Low conviction rates and underreporting reduce the legal system’s deterrent effect.
Economic challenges cause many families to rely on their children’s earnings.
Laws alone are insufficient; they must be accompanied by proactive governance and societal transformation.
To enhance the legal battle:
Close legislative gaps and define hazardous work more precisely.
Ensure prompt justice through dedicated child labor tribunals and improved monitoring procedures.
Launch rehabilitation programmes to ensure that rescued youngsters return to school.
Encourage legal literacy among communities and employers to raise awareness.
The legal system must not only punish perpetrators, but also protect, rehabilitate, and empower child victims.
Childhood is a fundamental privilege that must be protected, not undermined. No child should be forced to sacrifice their education, goals, or innocence for labor. While India has robust legal frameworks to combat child labour, their success is dependent on collective knowledge, enforcement, and societal commitment to protecting children’s rights. The responsibility to preserve childhood falls not only on policymakers, but on all citizens.
For those seeking legal support or deeper understanding of child rights and protective laws, credible resources are available. Platforms like http://www.lifeandlaw.in, led by legal expert Adv. Abdul Mulla, offers insightful articles, while http://www.asmlegalservices.in provides professional legal assistance. These resources can guide individuals and institutions in becoming active participants in the legal fight against child labour.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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