Child Labor in India and Its Constitutional Implications

Acknowledgment – Indian Law Journal

All the world waits for my coming. All the earth watches with interest to see what I shall become. Civilization hangs in the balance, For what I am, the world of tomorrow will be. I am a child. You hold in your hand my destiny. You determine, largely, whether I shall succeed or fail. Give me, I pray to you, these things that make for happiness. Train me, I beg you, that I may be a blessing to the world”.  Mamie Gene Come

 

Children are often exploited by employers either because they are from poor families or are homeless, the children are not hired officially so employers are profiting in multiple ways. The children employed illegally are hidden and employed in unsafe hazardous conditions. They receive low remuneration, are exposed to violence and abuse and most of all it hinders their growth and learning towards becoming educated successful citizens.  the International Labour Organization  is working to protect the children and Constitution of India has several articles in place for the protection of children.  The core legislation for Children exploited for labour is The Child Labour (Prohibition and Regulation) Act (1986).  The child Labour (Prohibition and regulation) Amendment Act 2016 prohibits child labour and makes it a punishable offence. Any person who employs a child below 14 or a child between 14- 18 years can be punished with a jail time between 6- 24 months and /or pay fine between 20-40 thousand.

India is considered the biggest hub of Child Labour, to rescue a child in labour, we need to look into  also protecting children at work,  addressing the issues which are causing a child to seek jobs.

 

  1. What is Child labour & Child Work

The term ‘child labor’ basically means a child who is employed  or ‘working child‘ or work done by a child for gain.  There is a difference between child work and child labour.

‘Child Work’ refers to occasional light work done by children, which in most societies is considered to be an integral part of the child’s socialization process. Learning skills or aassisting parents at home or farms to skill them towards future adult roles is Child work. It is not done at the cost of education and school and is  legal.

‘Child Labour’ implies that young children are being exploited. They are being deprived of their rights to health, education or the home nurturing environment. It impairs their growth and health. It is done because the child needs to earn , it deprives him of education, can risk his physical, mental and social health, and is illegal

 

  1. What is the Definition Of Child Labour

Homer Folks (Chairman of the United States National child Labour committed) defines  Child Labour as ”Any work by a child that interferes with his full physical development and his  opportunities for a desirable minimum of education or his needed recreation”.

According to the UNICEF, the distinction between that is helpful and that which is exploitative is important.

 

  1. Examples of Child Labour

Children working in construction, hotels and motels, domestic employment of children at the cost of their education and social growth, Children working on streets, children forced into begging,  girls forced into sexual slavery.

If the child is not able to attend school, is spending too many hours working, engaged in unduly hard physical work, working on the streets, given too much responsibility are all examples.

 

  1. What are the Constitutional Rights appliable to children and Children employed as Labour?

The constitution of India recognises the rights of the children  and there ae multiple constitutional provisions dealing with welfare of children.

The explicit provisions dealing with the child welfare are:

  • Article 15(3) empowering the state to make special provisions for women and children.
  • Article 24 prohibiting the employment of children in factories, etc.
  • Article 39(e) & (f) obligates the state to safeguard the health of children and afford opportunities to grow with dignity,
  • Article 45 provides for free and compulsory education for children.

The implicit provision dealing with the welfare of children under constitution are as follows:

  • Article 14 provides Equality before law,
  • Article 23 Prohibits trafficking in human beings and forced labor,
  • Article 38 endeavors to secure a social order for the protection of welfare of the people,
  • Article 41 provides Right to work, to education and to public assistance in certain cases,
  • Article 42 provides Provisions for just and human condition of work and maternity relief,
  • Article 46 Promotes educational and economic interests of schedule castes, schedule tribes and other weaker sections, and
  • Article 47 obligates the state to raise the level of nutrition and the standard of living and to improve public health.
  • Fundamental Rights Of Children

Part 3 of The Constitution :- contains a long list of fundamental rights. It is known as Magna Carta Of India. The children have rights to enjoy all the fundamental rights, which are guaranteed to the citizens of India under Article 15, 16, 19 and 29 of the constitution, because the children in India are also citizens of India. The fundamental rights, which are available only to the citizens, are:

  • The right not to be discriminated against on the ground of religion, race, caste, sex or place of birth (Article 15).
  • The right to equality of opportunity in the matter of public employment (Article 16).
  • The right to six freedoms enumerated in Article 19, i.e. freedom of speech and expression, assembly, association, movement, residence and profession.
  • Cultural and educational rights conferred by (Articles 29 & 30).

There are some fundamental rights expressly provided for children and some other fundamental rights which are also applicable for children such as:

  • Article 14 guarantees equality before laws and protection of laws to all persons within the territory of India.
  • Article 21 provides for the protection of life and personal liberty of the people including children. “Right to life” in the context has been held to be not a mere animal existence but it is to be with human dignity and values.
  • Article 23 of the constitution prohibits traffic in human beings, beggars and other similar forms of forced labor and exploitation. This law is more relevant in their context because children are the most valuable section of the society and easily exploited due to poverty.
  • Article 24 prohibits the employment of children below the age of 14 years in factories, mines or hazardous employment. It is an additional precautionary measure securing distributive justice to children. Landmark Case
    • C. Mehta vs State Of Tamil Nadu And Others on 10 December, 1996, The judgement is a historic judgement on child labour, which elaborated the situation of child labour in India. It outlines the vision of the Constitution with respect to children.
    • Facts Of The Case
      • Sivakasi, a town in the state of Tamil Nadu was one of the worst-hit towns in terms of child labour in the country. A solicitous lawyer, M.C. Mehta concerned by the unbearable state of child labour in the town filed a petition under Article 32 of the Indian Constitution. He contended that the employment of children in hazardous matchstick factories was morally preposterous and constitutionally invalid. The respondent government did not oppose the claims and submitted ideas to deplete the problem. Therefore, the court issued certain directions suggesting means to improve the lives of the affected children. However, subsequent to this order an accident occurred in one of Sivakasi’s fireworks factories. The court took suo moto cognizance of this incident.
    • Issues Before The Court
      • The main issue before the court was to provide an effective alternative means to curb the employment of children in hazardous labor. The court also dealt with issues related to the education, growth and development of children.

 

What are the main reasons that children get forced into Child Labour?

Supreme Court was of the view that the “Extreme poverty, lack of opportunity for gainful employment and intermittancy of income and low standards of living are the main reasons for the wide prevalence of child labour. Though it is possible to identify child labour in the organized sector, which form a minuscule of the total child labour, the problem relates mainly to the unorganized sector where utmost attention needs to be paid. The problem is universal but in our case, it is more crucial.” Supreme Court also pointed out the findings of Indian Child Labour by Dr. J.C. Kulshreshtha which revealed the main causes of child labour in India.

  • Low wages of the adult.
  • Absence of schemes for family allowance.
  • Migration to urban areas.
  • LARGE families.
  • Children being cheaply available.
  • Non-existence of provisions for compulsory education;
  • Illiteracy and ignorance of parents; and
  • Traditional attitudes

 

What can citizens do if they see a child in forced labour?

If it is possible without risking the safety of the child record the events which are making you feel that you are witnessing child labour. Report to the nearest police station or call CHILDLINE at number 1098.

What are the responsible actions we as citizens can do to reduce child labour?

  • Empower yourself with information..
  • Verify labor practices of the goods and food you purchase.
  • Serve the community with your time and resources. Volunteer in your communities.
  • Raise your voice to the local legislation, law makers, police if you witness child laborntact businesses that do business in countries that have child labor.
  • Invest ethically.
  • Educate others.
  • Give presentations to schools, communities of faith, nonprofits, and other groups to educate them about child labor issues and encourage positive action.