Child labor laws in India
The most violated
human rights are children rights. Around 185,000 children are working as
domestic labour (2001 census). Is the most highlighted problem globally.
The children’s are
being forced in many labour works, domestic works, bonded labour, rag picking,
forced to work in roadside eateries, prostitution, in factories etc.
Causes:
Poverty, child trafficking, ignorance of parents, discrimination of gender, children are easily targeted only for the reason that they cannot raise their voice as adults.
Poverty, child trafficking, ignorance of parents, discrimination of gender, children are easily targeted only for the reason that they cannot raise their voice as adults.
Child Labour laws
India :
Children who are engaged in labour work for economic gains, harmful works or hazardous works below the age of 14 years.
In India there are many
Laws enacted to protect the rights of children which are as follows:
1.
The Child Labour Act,
1986.
2.
The Factories Act, 1948
3.
The Mines Act, 1952
4.
The Bonded Labour System
Abolition Act
Constitutional
provisions:
1.
Article 24 provides:
strictly prohibits children to work in hazardous environment.
2.
Article 21, 45 gives the
right to education to all the children below the age of 14years.
3.
Article 39 declares the
duty of the State to provide the children a free and facilities to develop in a
healthy manner and in conditions of freedom and dignity.
Child
labour in domestic work has been strictly banned by the Government, because of
the increased cases of child abuse and sexual abuse of children especially girl
child. The government has a special cell to help children in
exploitive circumstances. These cells comprise of social inspectors, as well as
other administrative personnel, employed specifically to deal with child labour
issues. There are many organization which aims to stop the child labour on
global level such as CRY, UNICEF, ILO etc.To stop child labour is not only
governments but each individual’s social responsibility, as children are assets
of a nation.
Child
Laws in India
Children are the
future of a country. They bring the development & prosperity to the
country. But as we all know that the children are the most vulnerable part of
the society & can be easily targeted. In India we have enacted many laws
& Acts related to Children in order to protect them & to give them a
better & sound development.
- Constitutional Provisions :
- Preamble Commitment: Justice, liberty, equality, &
fraternity for all the citizens including children are the main purpose of
the Constitution.
- Article 14: Equality before law & equal protection
of laws. It is available to every person including children.
- Article 15 (3): empowers the State to make special
legal provision for children. It makes mandate to the government to ensure
children’s welfare constitutionally.
- Article 21: it mandates free & compulsory education
for all the children in the age group of 6- 14 yrs.
- Article 23: puts total ban on forced labour & is
punishable under the Act.
- Article 24: prohibits employment of children in
hazardous factories below the age of 14yrs.; e.g.: mine, match industries
etc.
- Article 51 A clause (k) & (j): the parent or the
guardian to provide opportunities for education to his child or as case
may be ward between the age of 6- 14 yrs.
- Directive principles in Constitution of India also
provide protection for the children such as, Article 39 (e), Article 39
(f), Article 41, Article 42, Article 45, & Article 47.
There
are many Acts enacted in India for the protection children rights:
- The Factories
Act, 1948 .
- The Probation of Offenders Act,
1959.
- The Child Labour Act, 1986.
- The Child Marriage Restraint
Act, 1986.
- The Juvenile Justice Act, 2000.
- The Pre- Conception & Pre-
Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2002 and
many others.
- National Policy for Children
(NCP), National Institute of public Co-operation & Child Development
(NIPCCD), The Integrated Child Development Services are polices made by
Government. Even NHRC & UNICEF are also organization, takes special
efforts to protect children rights.
Conclusion
:
The increased crime rate against the children, even after enacting so many laws & implementing them, has raised an alarming concern all over the world as children are being misused for fulfilling some people’s illegal purposes. So along with various laws, it is also our social responsibility to take care of the children & to protect their rights.
The increased crime rate against the children, even after enacting so many laws & implementing them, has raised an alarming concern all over the world as children are being misused for fulfilling some people’s illegal purposes. So along with various laws, it is also our social responsibility to take care of the children & to protect their rights.
Key Words: Labor law, Labour law, Child Labor, Children, India