INTRODUCTION
Child employment is a type of exploitation when kids are made to work under risky circumstances for little or no compensation. Child labor is against human rights and has been related to a host of detrimental effects on the physical, social, and psychological well-being of individuals who are employed in it. Child labor entails lost or deprived childhood to childhood exploitation that results in children being exploited in a variety of ways, including sexual, mental, physical, and social.
CONSTITUIONAL AND LEGAL PROVISIONS
Article 24 of the constitution bans engagement of children in below the age of 14 in factories, mines, and other hazardous employment. Article 21a and 45 promise to impact free and compulsory education to all below the ages of 6 and 14 Years.
Policy interventions such as Menrega 2005, the right to education act 2009 and the Mid-Day Meal scheme paved the way for the children to be in schools along with guaranteed wage employment for rural.
CAUSES OF CHILD LABOUR
Factors such as poverty lack of social security, the increasing gap of poor and rich people have adversely affected the children more than any group. failed to provide universal education which result children dropping out of schools and entering into labor force. Poverty is one of the main causes of child labor. Due to poverty, illiteracy and unemployment parents are unable to send them to schools, instead the children were asked to help them in running a family so that the poor parents send their children for work in inhuman conditions at lower wages.
Furthermore, the money saving attitude of various industries that can also create child labor. they hire children because they pay them lesser for the same work as adult. A child work more than an adult and also at fewer wages. They can easily influence and manipulate them. They can only see their profits that’s why they engage the children in factories.
FORMS OF CHILD LABOUR
Agriculture: children working in the fields, plantations or livestock farms.
Manufacturing: children working in factories, workshops or sweatshops.
Retail: children working in shops, stalls or hawking goods on the street.
Domestic work: Children working as maids, cooks or nannies in private homes.
Begging: children begging for money or food on the streets.
Prosecution: children forced to engaged in sexual activity for money or goods.
Legal age for working in India
Except for some family-based jobs hiring minors under the age 14 for any type of labor is an offence that carries a maximum of 2 years of imprisonment. The adolescent between the ages of 14 and 18 are not permitted to work in any dangerous jobs. The child labor amendment bill 2012 allows for the punishment of both the parents and the hired child.
The rule for employment of adolescents
All employers who hire adolescents are required to keep a register with the following details:
Name and birthdate of each teenager hired and given permission to work.
Hours and works period that adolescent work during as well as the rest times to which they are entitled.
The type of employment that they do.
Some cases related to child labor
- In Sheela baksi vs union of India, the court held “it was held that child is a state blessing, and it is the responsibility of the state to focus behind the child with a perspective to guarantee proper development of its personality. Judicial institutions have played an essential role not only for fixing issues but also has regularly attempt to grow and expand the law so as to answer to the desire and dreams of the people who are looking to the judiciary to give life and fulfilled to the law”.
- In the year 2002 TMA foundation vs union of India “The court provided that, it is the fundamental duty of a parent or guardian to provide opportunities for education to his child who is under the age of 14 years. In completion of this development in the sector of education accept it as a fundamental right, the Parliament has enacted the Right to compulsory education act 2009 which impart for free and compulsory education to all the children of the age of 6 to 14 years”.
- On 10 December 1996 in MC Mehta vs state of Tamil Nadu and others a bench of Kuldip Singh, B.L. Hansaria, S.B. Majumdar observed, “Taking advice therefrom, we are of the vision that the affront employer must be demand to pay compensation for every child employed in violation of the provisions of the Act a sum of Rs. 20,000 and the inspectors, whose arrangement is envisioned by Section 17 to secure consent with provisions of the Act, should do this task. Under Section 17 inspector scheduled to examine that each child employed under violation of this act, each concerned employer will pay Rs. 20,000 given amounts will be deposited in a fund to be known as child labor rehabilitation
Child labor laws in India
The factories act of 1948: the act prohibits the employment of children below the age of 14 years in any factory. The law also placed the rules on who, when and how long can pre adults aged 15-18 years be employed in factory.
The mines act of 1952: the act prohibition the employment of children below 18 years of age in a mine. Mining being one of the most dangerous occupation, which the past has led to many major accidents taking life of children is completely banned for them.
The child labor act of 1986: the act prohibits the employment of children below the age of 14 years in hazardous occupation.
The juvenile justice of children act of 2000: this law made it a crime punishable with a prison term for anyone to procure or employ child in any hazardous employment or in bondage. this act provides punishment to those who act in cointervention to the previous acts by employing children to work.
Conclusion India can tackle the issue of child labor by enforcing stringent enforcement of current laws and addressing the widespread prevalence of child labor. Since children are the ones who will form the future of the nation, everyone must recognize the importance of their education and progress.
CONTRIBUTED BY: Riya (intern)