Child labour remains a persistent challenge in India, despite robust legal Frameworks aimed at its eradication. The issue is deeply rooted in socio- economic factors such as poverty, lack of education, and inadequate enforcement of laws. This arti explores the legal provision addressing child labour in India, the ground realities that hinder their effectiveness, and the gap between policy and practice.
Legal Provision on Child Labour in India:
India has established a comprehensive legal framework to combat child labour incorporating constitutional mandates, statutes, and international commitment.
Below are the key legal provision:
1.Constitutional Provisions:
Article 24: Prohibits the employment of children below 14 years in factories, mines, or other hazardous occupations.
Article 21A: Mandates free and compulsory education for children aged 6 to 14 years, aiming to reduce child labour by ensuring access to education.
Article 39(e) and (f): Directs the state to ensure that children are not forced into work unsuitable for their age or strength due to economic necessity and are protected against exploitation.
Article 45: Encourages early childhood care and education for children up to 6 years to foster development and reduce vulnerability to labour.
2.The Child Labour (Prohibition and Regulation) Act, 1986 (CLPR Act):
Defines a “child” as a person below 14 years of age and prohibits their employment in any occupation, including domestic work, except in non-hazardous family enterprises.
Adolescents (14–18 years) are permitted to work in non-hazardous occupations, but employment in hazardous processes like mining or handling explosives is banned.The Act regulates working conditions, limiting child employees to a maximum of six hours daily, including a mandatory one-hour break after three hours of work.
The 2016 amendment aligned the Act with International Labour Organization (ILO) conventions, strengthening penalties for violations (imprisonment and fines) and emphasizing rehabilitation. 3. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act):
Seeks to lessen child labor by guaranteeing school enrollment by requiring free education for youngsters between the ages of 6 and 14. Private schools are required to set aside 25% of their seats for students from low-income families.
4. Four additional applicable statutes:
Children under the age of 14 are prohibited from working in factories by the 1948 Factories Act.
Children under the age of 18 are prohibited from working in mines under the Mines Act of 1952.
The Bonded Labour System (Abolition) Act of 1976 bans bonded labor, which frequently includes minors. Immoral Traffic (Prevention) Act, 1956: deals with child trafficking and exploitation, particularly in the context of commercial sex.
5. International Pledges:
The United Nations Convention on the Rights of the Child (UNCRC), which stresses children’s rights to education and protection from exploitation, is something India has signed. Although India has not ratified Convention No. 138, ILO Conventions No. 138 (Minimum Age) and No. 182 (Worst Forms of Child Labour) serve as the foundation for India’s policies. By 2025, the UN’s Sustainable Development Goal (SDG) Target 8.7 seeks to eradicate child labor, a goal that India is having trouble achieving.
6. National Policy on Child Labour, 1987:
Takes a sequential approach with an emphasis on rehabilitation, education, and poverty reduction. It resulted in the National Child Labour Project (NCLP), which gives financial support (currently Rs. 6 billion) to rescue and rehabilitate child laborers.
Despite these legal provisions, child labour persists in India due to systemic and socio-economic challenges. The following points highlight the ground reality:Child Labour Prevalence: In India, in 2011, there were around 10.1 million child laborers between the ages of 5 and 14, the majority of them in agriculture (70%) and in rural areas (90%), with 5.6 million boys and 4.5 million girls.
Socioeconomic Variables and Poverty: Child labor is mostly driven by poverty, which forces families to depend on their children’s earnings for their livelihood.The problem is made worse by the fact that there is not enough high-quality education available, especially in rural communities. 97% of government funds were used for wages rather than infrastructure in primary schools in 1978–79, and 50% of these institutions were lacking adequate facilities, while 40% didn’t have blackboards.
Poor Enforcement: Due to insufficient resources, corruption, and a lack of understanding, the laws are not adequately enforced. The Parliamentary Standing Committee (2023) found that, owing to implementation loopholes, India is unlikely to achieve the SDG goal of eradicating child labor by 2025.Variations in the term “child” between legislation cause ambiguity in legal definitions. For example, the CLPR Act defines a child as someone under the age of 14, where other laws cover children up to the age of 18.
Critics claim that the 2016 amendment that permits children to work in family businesses may have rendered certain types of child labor “invisible.”
Insufficient Rehabilitation: The NCLP and other rehabilitation programs are underfunded and poorly implemented. The impact of financial aid of Rs. 6,000 per child has been constrained by the fact that it has not been increased for inflation for the last 14 years.
Cultural and Social Norms: Child labour is sometimes viewed as a way of learning skills or as a cultural norm, particularly in family-based industries or agriculture. With less focus on their education, gender disparities frequently drive girls into household chores.
Recommendations for Closing the Gap
A multi-faceted strategy is necessary to bridge the gap between what is permitted by law and what is happening on the ground:
1 Strengthen Enforcement: Create a specific surveillance unit for unexpected inspections and boost financing for inspections.
2. Address Root Causes: Implement social security programs, agricultural reforms, and employment-creation programs to address poverty.
3 Increase Educational Access: To guarantee high-quality education under the RTE Act, improve the school infrastructure, especially in rural regions.
4 Increase Awareness: Organize campaigns to teach communities about the negative impacts of child labor and the value of education.
5 Legislative Reforms: To eradicate uncertainty, standardize the meaning of “child” throughout all labor laws. Review the 2016 change to make sure that family-based employment does not take advantage of children.
conclusion
India’s legal system to combat child labor is solid, with a strong base provided by constitutional safeguards, the CLPR Act, and international obligations. Nevertheless, the reality on the ground indicates ongoing issues caused by poverty, ineffective law enforcement, and societal and cultural variables. As the Parliamentary Standing Committee pointed out, it is unlikely that the SDG target of eradicating child labor by 2025 will be met without substantial changes. A focused initiative that includes enhanced enforcement, poverty reduction, and better access to education is necessary to guarantee that children are protected from exploitation and can experience their right to a happy and safe childhood.
Contributed by : Sonam (Intern)