Child Labour – Issues and Challenges | Business Law - B Com PDF Download

Introduction

Child, as per the Child Labour (Prohibition and Regulation) Act, 1986, refers to an individual who is below fourteen years of age. At this young age, children are meant to play, study, and enjoy their childhood without any worries. However, the reality is often different. Many children are forced or compelled to work in harsh and dangerous conditions, which poses a serious threat to their health and safety. Child labour hinders their physical and mental development, leading to stunted growth and incomplete development. According to the 2011 census, there are approximately 10.1 million child labourers in India, with 5.6 million boys and 4.5 million girls. Since children are the future of India, it is crucial to provide them with basic necessities like shelter, food, and clothing, as well as social needs such as education. To address this issue, appropriate legislative measures are necessary in a complex society like India. Several laws have been enacted to combat child labour in the country. This article will provide an overview of the relevant legislations and regulations in India regarding child labour.

Important Definitions of Child Labour

• International Labour Organisation (ILO). The ILO defines child labour as work that takes away a child's childhood, potential, and dignity, and is harmful to their physical and mental development. This includes work that is mentally, physically, socially, or morally dangerous, or work that disrupts their education or prevents them from having a healthy childhood.
• UNICEF. UNICEF considers a child engaged in child labour based on the amount of economic or domestic work they do in a week. For children aged 5 to 11, child labour is when they do at least one hour of economic activity or 28 hours of domestic work in a week. For children aged 12 to 14, it is 14 hours of economic activity or 42 hours of economic and domestic work combined. UNICEF also views children's work on a continuum, from exploitative work to beneficial work that supports their development without interfering with school, play, and rest.
• India’s Census 2001 Office. In India, child labour is defined as the participation of a child under 17 in any economically productive activity, with or without compensation. This includes physical or mental work, paid or unpaid, such as helping on a farm or in a family business. The Indian government classifies child labourers into two groups: Main workers, who work six months or more per year, and Marginal child workers, who work at any time during the year but less than six months.

Causes of Child Labour

Child labour is a complex issue with various underlying causes, particularly in the Indian context. Here are some significant factors contributing to child labour:

Poverty

• In developing countries like India, poverty is a primary driver of child labour. Families living in poverty often rely on every available member, including children, to contribute to the household income.
• Parents facing poverty, illiteracy, and unemployment struggle to provide for their families. As a result, they send their children to work in harsh conditions for meager wages.
• Many families cannot afford basic necessities, let alone education for their children. Consequently, children are forced to work at a young age to help support the family.
• While parents may understand the long-term consequences of child labour, they often have no choice but to prioritize immediate survival. This leads to a cycle where children are deprived of their childhood and forced into labour to help meet basic needs.

Previous Debts

• The cycle of poverty in India often forces families to borrow money, with illiterate individuals turning to money lenders and mortgaging their belongings to secure loans.
• When these families cannot meet their income needs, repaying the debt and interest becomes extremely difficult, creating a vicious cycle of debt.
• To repay debts, families may resort to working day and night, dragging their children into the cycle of labour to help meet these obligations.
• Some children are forced to work to support their families in meeting basic needs and paying off debts, while others may be sold into slavery against their will.

Professional Needs

• In certain industries, such as bangle making, there is a demand for delicate and precise work that only children can provide due to the size and dexterity of their hands.
• Adult hands are typically not as small or delicate, making children the preferred workforce for such intricate and hazardous tasks involving materials like glass.
• This can lead to serious accidents, such as eye injuries, as children are exposed to dangerous working conditions.

No Space for Alternatives

• A lack of viable alternatives, such as affordable schools and quality education, significantly contributes to child labour. Many children are forced into labour because they have no other means of earning.
• In many rural areas, educational facilities are inadequate, with schools being too far, difficult to access, expensive, or offering subpar education.
• Even when schools are available, parents may question the value of sending their children to school due to the poor quality of education.
• Despite years of progress, many children in India are still denied their right to education due to their circumstances. Addressing this issue requires effective implementation of national schemes to provide better educational opportunities.

Social Causes

• India’s social and economic backwardness is a primary cause of child labour. Socially backward families often do not prioritize education for their children, leading to their involvement in child labour.
• Illiterate parents may be unaware of various educational programs available for children, perpetuating the cycle of child labour.
• A lack of education and understanding of children’s rights among parents contributes to the problem, as they do not recognize the negative impact of child labour on their children’s futures.
• Rural households, facing poverty and unemployment, have no choice but to involve children in various tasks to survive. The remnants of the feudal, zamindari system continue to perpetuate child labour in some areas.

Family Tradition

• In some cultures, it is customary for children to follow in their parents’ professional footsteps, leading to child labour, especially in informal economies and small family businesses.
• Girls’ education is often undervalued, resulting in pressure on them to engage in child labour, particularly in domestic duties.

Addiction, Disease, or Disability

• Families struggling with addiction, illness, or disability may rely on their children’s wages as the primary source of income.
• In times of rising unemployment, such as during population growth, initiatives to prevent child labour may suffer, pushing families to send their children to work instead of school.

Causes of Child Labour in India

1. Poor Compliance with Laws

• Rights to Education, Healthcare, and Self-Care: In today's society, regulations ensure that individuals have the right to a good education, quality healthcare, and the ability to take care of themselves.
• Right to Play and Work: Every person has the right to engage in activities they enjoy, and as they grow, to secure employment that allows them to earn well and contribute to society and the nation.
• Ongoing Issue of Child Labour: Despite these rights, child labour persists in India due to inadequate enforcement of regulations.
• Need for Rigorous Law Enforcement: Only through strict adherence to relevant laws can child labour be eradicated and deemed unlawful.

2. Discrimination Between Girls and Boys

• Gender Discrimination: There is a prevalent belief that boys are inherently stronger than girls, leading to unequal treatment.
• Denial of Educational Opportunities: In many cases, girls are denied the chance to pursue their education and are instead expected to work alongside their parents, particularly in families engaged in manual labour.

3. Other Minor Causes

• Cheap Labour: Some shopkeepers, business owners, and factory operators hire children out of a desire for cheap labour, paying them significantly less than adults for the same amount of work.
• Prevention of Theft and Misappropriation: Employing children is sometimes seen as a way to reduce the risk of theft or misappropriation of funds.
• Globalisation and Consumerist Culture: The rise of globalisation, privatisation, and a consumerist culture has increased the demand for inexpensive labour, contributing to the prevalence of child labour.
• Financial Needs of Low-Income Families: The economic pressures faced by low-income families often compel them to rely on the income generated by their children, perpetuating the cycle of child labour.

International legal framework regarding child labour

International Labour Organization (ILO) Conventions

• The International Labour Organization (ILO) was established in 1919 and is a United Nations agency that aims to promote labor standards, develop policies, and create programs for decent work for all women and men. The ILO brings together governments, employers, and workers from 187 member states. One of the ILO's main activities is setting International Labour Standards through Conventions and Recommendations.

Minimum Age Convention, 1973 (No. 138)

• Background: The Minimum Age Convention (No. 138) was adopted in 1973 and came into force in June 1976.

• Purpose: The Convention aims to eliminate child labor by requiring countries to set a minimum age for work and to implement national strategies to eradicate child labor.

• Key Provisions: State Parties are obligated to establish a minimum age for employment, which is set at 15 years. However, in certain circumstances, countries may set the minimum age at 14 years for a limited period. The Convention allows children under 15 to perform light work.

• Monitoring: The implementation of the Convention is monitored by the Committee of Experts. State parties are required to submit reports every three years outlining their progress in implementing the Convention.

• Recommendation No. 146: This Recommendation accompanies Convention No. 138 and emphasizes the importance of national plans and policies that include measures such as poverty alleviation, promotion of decent jobs for adults, free and compulsory education, vocational training, social security, birth registration, and protection facilities for working children and adolescents.

Worst Forms of Child Labour Convention, 1999 (No. 182)

• Adoption: Convention 182 was proposed by the International Labour Organization (ILO) on June 17, 1999, in Geneva, and was widely approved by ILO members.

• Objective: The Convention aims to intensify the fight against child labour by identifying and calling for the elimination of the worst forms of child labour.

• Worst Forms of Child Labour: The Convention outlines five worst forms of child labour that must be eradicated:

  • Slavery and similar practices: This includes the sale and trafficking of children, as well as using children for forced labor, such as in agriculture or domestic work.
  • Forced or compulsory labor: This includes the recruitment of children for use in armed conflict.
  • Child prostitution and pornography: This includes the use of children in sexual exploitation, production of pornographic materials, and participation in pornographic performances.
  • Illicit activities: This includes the recruitment of children for illegal activities, such as drug trafficking and production.
  • Hazardous work: This includes work that poses risks to children’s health, safety, or morals due to the nature of the work or the conditions under which it is performed.

• International Programme on the Elimination of Child Labour (IPEC): Established by the ILO in 1992, IPEC supports member states in eliminating the worst forms of child labour. It also provides examples of child labour violations and the assistance available to victims.

Declaration of Rights of Child, 1959

• Historical Context: The Declaration of the Rights of the Child (1959) was developed after World War II, building upon the earlier Geneva Declaration of 1924 by the League of Nations, which recognized children’s rights and adult responsibilities towards children.

• Adoption: The 1959 Declaration was unanimously adopted by the United Nations General Assembly on November 20, 1959, in Resolution 1386 (XIV), with all 78 member states in agreement.

• Principle of Best Interests: The Declaration emphasizes the principle that mankind owes the best it has to offer to children, reflecting the idea that children are entitled to the best possible conditions for their development and well-being.

Fundamental Rights of Children

• Freedom from Discrimination: Children have the right to be treated equally and not be discriminated against because of their race, religion, or where they come from.
• Extra Protection for Development: Children are entitled to extra care and protection for their social, emotional, and physical growth.
• Right to Name and Nationality: Every child has the right to their name and to belong to a country.
• Right to Basic Necessities: Children have the right to a healthy diet, a safe place to live, and access to healthcare services.
• Special Education and Care: Children with physical or mental disabilities have the right to receive special education and care tailored to their needs.
• Right to Free Recreation and Learning: Children have the right to engage in recreational activities and receive instruction without any cost.
• Priority in Assistance: Children have the right to receive help and assistance, especially in urgent situations.
• Freedom from Abuse and Exploitation: Children are protected from all forms of abuse, violence, and exploitation.
• Right to Nurturing Environment: Children have the right to be raised in an environment that promotes love, tolerance, cultural understanding, and global brotherhood.

United Nations Convention on the Rights of the Child (UNCRC), 1989

• The UNCRC is an international agreement that sets out the rights of children in various areas such as political, civil, economic, social, and cultural aspects. It contains 54 articles detailing the rights of children and the responsibilities of governments to ensure these rights are upheld. The Convention was adopted by the United Nations in 1989 and came into effect in 1990 after receiving the necessary ratifications. All UN member countries, except for the United States, have ratified the Convention. It mandates that children’s basic needs are met and their potential is maximized.

Types of Child Labour in India

Industrial Child Labour:

• In India, children under the age of 18 are often employed in the industrial sector, with over 10 million children aged 5 to 14 working in unorganised sectors.
• Major employers of child labour include small businesses in industries such as garments, brick kilns, agriculture, fireworks, and diamond processing. These businesses often operate out of homes, making it difficult for the government to intervene.
• The unorganised industry is one of the largest employers of children in India, with children working in roadside dhabas, cafes, tea stalls, and grocery stores. Children are preferred in these settings because they are easier to manage and dismiss.

Domestic Child Labour:

• In India, a significant percentage of child domestic workers, around 74%, are between the ages of 12 to 16 and work for wealthy families to assist with daily chores. These children, both boys and girls, are compelled to work instead of attending school and playing due to poverty.
• Parents often agree to such arrangements in the hope of providing financial support and a safe home for their children. Girls make up the majority of domestic workers, with nearly 20% of all domestic workers being under the age of 14.
• These children work as live-in servants, performing tasks such as cooking, cleaning, and taking care of pets or younger family members.

Bonded Child Labour:

• Bonded child labour involves children being forced to work as slaves to repay debts incurred by their parents or guardians. While the prevalence of this practice has declined due to government oversight and legislation, it still occurs in remote areas.
• Children in rural areas, particularly in agriculture, are more vulnerable to bonded labour. Poor farmers may hire their children as labourers to repay debts to wealthy lenders.
• Although the number of bonded labourers has decreased significantly over the past decade, and the government claims that bonded child labour no longer exists, instances still occur in certain sectors.

Legal Age for Working in India

Children under 14 years of age:

• Children below 14 years old are generally prohibited from working in any profession or process. However, exceptions exist when a child assists their family or family business (not involving hazardous activities) after school or during breaks.
• A child's family includes their parents, siblings, maternal and paternal grandparents, and aunts and uncles.
• With specific restrictions and safety measures, children under 14 may work as artists in the audio-visual entertainment industry, such as commercials, movies, television shows, and sports, excluding circus work.

Adolescents – 14 to 18 years of age:

• Adolescents aged 14 to 18 are allowed to engage in non-hazardous work under the Child Labour (Prevention and Regulation) Amendment Act.
• Employers must adhere to specific guidelines when hiring adolescents, including:
• Work Schedule: Daily work should be divided into segments, with no segment exceeding three hours.
• Breaks: After three hours of work, adolescents must take a break of at least one hour.
• Daily Limit: The total work time for adolescents should not exceed six hours per day, excluding waiting time.
• Night Work: Adolescents are prohibited from working between 7 p.m. and 8 a.m.
• Overtime: They cannot be forced to work overtime.
• Multiple Jobs: Working simultaneously in more than one establishment is not allowed.
• Weekly Holiday: Adolescents must receive one full day off each week.

Employment Records for Adolescents:

• Employers hiring adolescents are required to maintain a register containing:
• Names and birthdates of all hired adolescents.
• Work hours, periods, and rest times for adolescents.
• Types of employment undertaken by adolescents.

Notification to Local Inspector:

• Employers must provide local inspectors with specific details within 30 days of hiring or permitting adolescents to work, including:
• Name and location of the business.
• Name of the person responsible for running the business.
• Address for correspondence regarding the establishment.
• Type of work or procedures performed in the establishment.

Laws Regarding Child Labour in India

In the early 20th century, the issue of child labour gained significant attention due to reports of factory hazards and the tragic deaths of innocent children. This led to a strong need for legislation to prohibit the malpractice of child labour. Today, India has several statutes in place to condemn and prohibit child labour.

• The Factories Act of 1948: This Act prohibits the employment of children below 14 years of age in any factory. It also regulates the working conditions for adolescents aged 15 to 18 in factories.
• The Mines Act of 1952: This Act prohibits the employment of children under 18 years of age in mines, recognizing the dangerous nature of this work.
• The Child Labour (Prohibition and Regulation) Act of 1986: This Act prohibits the employment of children below 14 years in hazardous occupations. The list of hazardous occupations has been expanded over the years.
• The Juvenile Justice (Care and Protection) of Children Act of 2000: This law makes it a crime to procure or employ a child in hazardous work or bondage, punishable by imprisonment.
• The Right of Children to Free and Compulsory Education Act of 2009: This Act mandates free and compulsory education for children aged 6 to 14 years and requires private schools to reserve 25% of seats for disadvantaged children.

Constitutional Provisions Regarding Child Labour in India

• Compulsory Education: Article 21(A) of the Indian Constitution mandates free and compulsory education for all children between the ages of 6 and 14.
• Prohibition of Traffic in Human Beings and Forced Labour: Article 23 prohibits traffic in human beings and forced labour in any form, with legal consequences for violators.
• Prohibition of Employment of Children in Factories: Article 24 prohibits the employment of minors under 14 years in hazardous factories that could harm their physical and mental health.
• Prevention from Coercive Factors: Article 39(e) declares that citizens should not be coerced by economic need to engage in inappropriate occupations, protecting the health and strength of employees, especially vulnerable children.
• Fundamental Duty: Article 51A(k) of the Constitution imposes a duty on every individual, including parents and guardians, to provide educational opportunities for children between 6 and 14 years.
• Duty of the State to Raise the Level of Nutrition: Article 47 mandates the State to improve the standard of living, nutrition, and public health.
• Protection from Exploitation: Article 39(f) protects children from exploitation and abandonment, ensuring they have opportunities for healthy growth with dignity.
• Child Care: Article 243G, read with Schedule 11, seeks to institutionalize child care by entrusting programmes of women and child development to panchayats.

Domestic Acts Related to Child Labour

• Minimum Wages Act, 1948: This Act establishes minimum pay rates for various jobs, including those for children.
• Plantation Labour Act, 1951: This Act prohibits the employment of children and adolescents in plantations without a health certificate from a doctor. It also makes employers responsible for housing, medical care, and recreational facilities.
• Merchant Shipping Act, 1958: This Act prohibits the employment of children under 15 years on ships, with certain exceptions such as school ships, training ships, and family-run ships.

Overview of Child Labour Laws in India

• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966, prohibits the employment of children under 14 in industrial facilities related to beedi and cigar production.
• The Child Labour (Prohibition & Regulation) Act, 1986, defines a child as anyone below 14 years and prohibits their employment in 57 specified jobs and 13 activities.
• The Amendment Act of 2016, strengthens the prohibition of child labour by banning the employment of anyone under 14 and regulating the working conditions of adolescents.

Beedi and Cigar Workers (Conditions of Employment) Act, 1966

• Applies to industrial facilities involved in the production of beedis, cigars, or both, with or without the use of power.
• Prohibits the employment of children below 14 years.
• Restricts the working hours for children aged 14 to 18, forbidding work between 7 p.m. and 6 a.m.

Child Labour (Prohibition & Regulation) Act, 1986

• Defines a child as a person below 14 years of age.
• Prohibits the employment of children in 57 specified jobs and 13 activities.
• Establishes a Technical Advisory Committee to recommend additional jobs and activities for prohibition.
• Governs the working conditions of jobs and activities not explicitly forbidden by the Act.
• Imposes penalties for hiring a child in violation of the Act, including imprisonment and fines.
• Implemented by Central and State Governments.

Child Labour (Prohibition & Regulation) Amendment Act, 2016

• Came into effect on January 1, 2016.
• Prohibits the employment of anyone under 14 years of age.
• Bans the employment of adolescents (14 to 18 years) in hazardous occupations and regulates their working conditions.
• Increases penalties for violations of the Act.
• Empowers the Government to delegate enforcement powers to District Magistrates.
• Distributes State Action Plan to ensure effective implementation.

Hazardous Occupations

Part III of the Child Labour (Prohibition and Regulation) Act, 1986

Part A: Prohibited Occupations for Children

• Transport of passengers, goods, or mails by railway
• Cinder picking, clearing of ash pits, or building operations in railway premises
• Work in catering establishments at railway stations involving movement of employees between platforms or into/out of moving trains
• Construction work at railway stations or near railway lines
• Work within port authority limits
• Selling of crackers and fireworks in shops with temporary licenses
• Abattoirs and slaughterhouses
• Automobile workshops and garages
• Foundries
• Handling of taxis or inflammable substances or explosives
• Handloom and power loom industries
• Mines (underground and underwater) and collieries
• Plastic and fiberglass workshops
• Domestic work or serving in dhabas, restaurants, hotels, motels, tea shops, resorts, spas, or other recreational centers
• Diving
• Circuses
• Caring for elephants

Part B: Prohibited Processes in Workshops

• Electroplating
• Graphite powdering and incidental processing
• Grinding or glazing of metals
• Diamond cutting and polishing
• Slate extraction from mines
• Rag picking and scavenging
• Processes involving excessive heat or cold exposure
• Mechanised fishing
• Food processing
• Beverage industry
• Timber handling and loading
• Mechanical lumbering
• Warehousing
• Processes involving free silica exposure, such as slate, pencil, stone grinding, slate stone mining, stone quarries, and agate industry
• Beedi making
• Carpet weaving
• Cement manufacture, including bagging

Prohibited Processes

The following processes are prohibited for the employment of children:

• Cloth printing, dyeing, and weaving.
• Manufacture of matches, explosives, and fireworks.
• Mica cutting and splitting.
• Shellac manufacture.
• Soap manufacture.
• Tanning.
• Wool cleaning.
• Building and construction industry.
• Manufacture of slate pencils (including packing).
• Manufacture of products from agate.
• Manufacturing processes involving toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides, and asbestos.
• All hazardous processes as defined in Section 2(cb) and dangerous operations notified under Section 87 of the Factories Act 1948.
• Printing as defined in Section 2(k) of the Factories Act 1948.
• Cashew and cashew nut descaling and processing.
• Soldering processes in electronic industries.
• Incense stick (agarbathi) manufacturing.
• Automobile repairs and maintenance (e.g., welding, leatherwork, dent beating, and printing).
• Brick kilns and roof tile units.
• Cotton ginning and processing, and production of hosiery goods.
• Detergent manufacturing.
• Fabrication workshops (ferrous and non-ferrous).
• Gem cutting and polishing.
• Handling of chromite and manganese ores.
• Jute textile manufacture and coir making.
• Lime kilns and lime manufacturing.
• Lock making.
• Manufacturing processes with lead exposure, such as primary and secondary smelting and welding.
• Manufacture of glass and glassware, including bangles, fluorescent tubes, bulbs, and similar products.
• Manufacturing of cement pipes, cement products, and related work.
• Manufacture of dyes and dye stuffs.
• Manufacturing or handling of pesticides and insecticides.
• Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning, and photo enlarging and soldering processes in electronic industries.
• Manufacturing of burning coal and coal briquettes.
• Manufacturing of sports goods involving synthetic materials, chemicals, and leather.
• Moulding and processing of fiberglass and plastics.
• Oil expelling and refining.
• Paper making.
• Potteries and ceramic industry.
• Polishing, moulding, cutting, welding, and manufacture of brass goods in all forms.
• Agricultural processes involving tractors, threshing, and harvesting machines, and chaff cutting.
• Saw milling.
• Sericulture processing.
• Skinning, dyeing, and processing for manufacturing leather and leather products.
• Stone breaking and stone crushing.
• Tobacco processing, including manufacturing tobacco, tobacco paste, and handling tobacco in any form.
• Tyre making, repairing, re-treading, and graphite beneficiation.
• Utensil making, polishing, and metal buffing.
• Zari making (all processes).

Hours of Work

• No child shall be required or permitted to work in any establishment for more than the prescribed number of hours.
• The period of work each day shall not exceed three hours, and no child shall work for more than three hours without a rest interval of at least one hour.
• Children are not allowed to work between 7 p.m. and 8 a.m.
• Overtime work is not permitted for children.

Penalties

• Violations under Section 3 may result in imprisonment for a minimum of three months, extending up to one year, or a fine ranging from ten thousand to twenty thousand rupees, or both.
• Continuing offenses under Section 3 may lead to imprisonment for a term not less than six months and up to two years.
• Other violations of the Act may be punishable by simple imprisonment for up to one month, a fine up to ten thousand rupees, or both.

Recommendation Committees Related to Child Labour

​Gurupadaswamy Committee  

• In 1979, the Government set up the Gurupadaswamy Committee to examine child labour and suggest solutions.
• The Committee found that eradicating child labour through legal means would be difficult as long as poverty persisted.
• It recommended banning child labour in hazardous occupations while regulating and improving conditions in other jobs.
• The Committee proposed different policy approaches to address the issues faced by working children.
• Its recommendations led to the Child Labour (Prohibition & Regulation) Act of 1986, which restricts working conditions in various jobs and prohibits the employment of children in certain dangerous occupations.

National Commission for Protection of Child Rights  

• The National Commission for the Protection of Child Rights (NCPCR) was established in March 2007 under the Commissions for Protection of Child Rights Act, 2005.
• It is a statutory body that reports to the Government of India, specifically the Ministry of Women & Child Development.
• The NCPCR aims to ensure that all laws, policies, programs, and administrative mechanisms align with the child rights framework as per the Indian Constitution and the UN Convention on the Rights of the Child.

Important judicial precedents in relation to child labour

M.C Mehta v. State of Tamil Nadu and others (1996)

• The Supreme Court of India provided guidelines for eliminating child labour.
• Involved a survey to identify working children and their withdrawal from hazardous industries.
• Ensured proper education for withdrawn children and financial contributions from violating employers to a welfare fund.
• Included provisions for adult family member employment or state donations to the welfare fund.
• Emphasized limiting working hours for children in non-hazardous jobs to ensure schooling.
• The Ministry of Labour oversees the implementation of these directives.

Labourers work on Salal hydro-electric project v. State of Jammu & Kashmir and Others (1983)

• The Court ruled against employing children under 14 years in projects by contractors or subcontractors.
• Directed immediate cessation of underage labour and reporting on penalties.

People’s Union for Democratic Rights v. Union of India (1982)

• Addressed the employment of minors in the Asiad Project in Delhi.
• Criticized the government’s stance on the applicability of the Employment of Children Act (1938) to construction work.
• Advocated for including construction work under the Act due to its hazardous nature for children.
• Urged the State Government to protect child rights as per Article 24.

Krishnaraj v. The Principal Secretary (2016)

• Highlighted the importance of the mid-day meal programme in curbing child labour.
• Discussed the Noon Meal Scheme initiated by the Tamil Nadu Government in 1982.
• Emphasised collaboration with government bodies to support education and tackle child labour.

Court on its own motion v. State of NCT of Delhi (2009)

• The Delhi High Court endorsed the National Commission for Protection of Child Rights’ Action Plan to Prevent Child Labour.
• Clarified the responsibilities of involved parties in the implementation of the plan.

TMA Pai Foundation v. Union of India (2002)

• The Supreme Court emphasized the fundamental duty of parents or guardians to ensure educational opportunities for children.
• Led to the enactment of the Right of Children to Free and Compulsory Education Act, 2009, establishing free and mandatory education for children aged 6 to 14 as a fundamental right.

Whether this case involves A v. By way of this appeal (2016)

• The Gujarat High Court ruled that children or their guardians can approach the State Commission for the Protection of Child Rights to address grievances.
• The Commission is responsible for investigating complaints under the Commissions for Protection of Child Rights Act, 2005.

Government Initiatives to Combat Child Labour

• Child Labour (Prohibition and Regulation) Act, 1986 prohibits the employment of children under 14 years in 16 hazardous occupations and 65 processes.
• Child Labour Rehabilitation-cum-Welfare Funds has been set up by various states, including Haryana, to address child labour issues at the district level.
• National Child Labour Projects were initiated by the central government in 1988 to provide non-formal education and pre-vocational skills to children engaged in labour.
• Sarva Shiksha Abhiyan launched in 2001 aims to educate poor and working children across all states.
• Ministry of Women and Child Development has been actively providing non-formal education and vocational training to children.
• Anganwadis have been established to promote the welfare of children, focusing on their physical, mental, and educational development.
• National Plans and SchemesChild Labour (Prohibition and Regulation) Amendment Rules, 2017 aim to prevent, prohibit, rescue, and rehabilitate child and adolescent workers, outlining specific measures for family businesses and working conditions.
• Right to Education Act of 2009 ensures free and compulsory education for children aged 6 to 14, setting guidelines for educational quality and student welfare.
• National Child Labour Policy focuses on legislative action and general development programmes to benefit children, particularly in regions with high child labour concentration.
• National Plan of Action for Children, 2005 aims to guarantee rights and protections for all children up to 18, ensuring their survival, growth, and development in a safe environment.
• Schemes of the Department of EducationSarva Shiksha Abhiyan promotes universal elementary education, aiming to provide quality education to all children aged 6 to 14, ensuring their holistic development.

Midday Meal Scheme

• The Midday Meal Scheme is a school meal initiative in India aimed at enhancing the nutritional status of students nationwide. This programme offers free meals to elementary and upper primary students in various types of schools, including government, government-aided, and those funded by specific government projects, on working days. It is the largest programme of its kind globally, feeding 120 million children in over 1.27 million schools. The scheme was first introduced in the state of Tamil Nadu.

Schemes of the Ministry of Women & Child Development
Integrated Child Protection Scheme:

• The Integrated Child Protection Scheme (ICPS) was developed by the Union Ministry of Women and Child Development in 2009–2010 with the aim of providing a safe and secure environment for children in need of care and protection. The scheme focuses on enhancing emergency outreach, institutional care, family and community-based care, counselling, and support services at various levels of governance.

Balika Samridhi Yojana:

• Launched in 1997, the Balika Samridhi Yojana aims to empower female children in India, particularly those living below the poverty line. The scheme promotes female child maternity and education and is part of the broader plan for women and child development.

Other Social Security Schemes

Rashtriya Swasthya Bima Yojana

• Also known as the National Health Insurance Programme, the Rashtriya Swasthya Bima Yojana provides health insurance to underprivileged individuals in India, specifically targeting unorganised sector employees falling under the Below Poverty Line (BPL) category. The programme extends health insurance coverage to the families of these workers as well.

National Family Benefit Scheme

• The National Family Benefit Scheme was established by the Central Government to provide financial assistance to bereaved families living below the poverty line. In the event of the death of the principal breadwinner, the scheme offers a lump sum payment to help the family cope and maintain stability. This programme is designed to support families in distress and ensure their continued welfare.

Recommendations and Suggestions for Effective Implementation of Child Labour Laws

Suggestions for Various Organisations

• Organisations should prioritise the issue of child labour and become actively involved in campaigning against it.
• Emphasise the need for effective application of existing laws related to child labour.
• Aim for change at local, provincial, national, and global levels.
• Address budget analysis and advocate for necessary funding to implement policies effectively.
• Raise awareness about government policy goals and their impact on vulnerable populations through budget analysis.

NGOs and NPOs

• NGOs and non-profit organisations should conduct comprehensive campaigns to raise awareness among civil society organisations.
• Network with various stakeholders to capture the attention of policymakers, implementers, and the community regarding child labour issues.

Suggestions for Government

Poverty Eradication

• Recognise the strong link between poverty and child labour.
• Implement poverty eradication programs to address the growing divide between the rich and the poor.
• Ensure the participation of the poor and needy in the development process.
• Formulate and execute pro-poor, inclusive policies with strong political will.

Community Action

• Raise public awareness about the importance of community action to promote school enrollment.
• Educate parents about the long-term benefits of education for their children and the negative impact of child labour on education.
• Foster a community environment that does not accept child labour in any form.
• Encourage parents to make sacrifices for their children’s education by raising awareness among impoverished families.

Implementation by Local Bodies

• Institutions of governance at the local level play a crucial role in monitoring policies, programs, and legislation to protect the rights and interests of children. Gram Panchayats can identify projects in their regions and allocate job opportunities to underprivileged individuals. They also ensure that children are involved in and have a voice in decisions that affect their lives. Community monitoring systems should be established to facilitate active participation in the Gram Sabha.

Conclusion

To combat child labour effectively, it is essential to raise awareness about its negative impacts nationwide and to enforce existing laws rigorously. Every individual must recognize the importance of allowing children to grow and learn, as they are the future of the nation.