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The State shall progressively increase the scope of such services so that, within a reasonable time, all children in the country enjoy optimum conditions for their balanced growth.” Indian is also a party to United Nations Declaration on the Rights of the Child, 1959 and Convention on the Rights of the Child, 1992 and has formulated its labour laws in accordance to International Labour Conference resolution of 1979.The first part of the paper aims to look into the various legislations relating to child labour.
It further states that all private schools should allocated 25 per cent of their seats for disadvantaged and differently abled children.
Though the government of India has enacted various labour legislations to prevent child labour still there are some contradiction among them, mainly the definitional debates on child labour as different legislation provide different definition of a ‘child’. [Accessed 7 September 2019]; Available from: https://
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Following are few of important Supreme Court cases that have helped in framing better laws regarding child labour: In Democratic Rights V. quoted from National Policy for the welfare of Children incorporated to provide better social and educational development to the children of India : “The Nation’s children a supremely important asset.
Union of India , it was contended that the Employment of Children Act, 1938 was not applicable in the matter of employment of children in construction works, as it was not mentioned in the act. Their nurture and solicitude are our responsibility. The Constitution of India, through various articles enshrined in the Fundamental Rights and the Directive Principles of State Policy, lays down that: Article 21 (A) The State shall provide free and compulsory education to all children of the age six to 14 years; Article 24 No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Article 45 The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years The framers of the Constitution imposed a duty on the State under Article 45 as one of the directive principles of the State Policy to provide free and compulsory education to all children until they complete the age of 14 year with the sole objective of completely eradicating illiteracy and child labour.The word hazardous employment in Art 24 also includes construction industry, also in P. Also many of the states had passed various Acts providing for free and compulsory primary or elementary education to children.105); UN Convention on the Rights of the Child (CRC).World Declaration on the Survival, Protection and Development of Children.In the second part we shall look into the various precedents set by the Supreme Court of India on the issue of child labour and finally the conclusion. I Article 39(e) States that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; Article 39(f) States that childhood and youth are protected against exploitation and against moral and material abandonment .The government of India has enacted various labour laws has in accordance to International Labour Conference resolution of 1979. Hence Art 39 in whole requires the state to ensure and protect the children and provide proper child care.Generally speaking child labour can be said to be the exploitation or abuse of children in factories, industries etc, who are below the age specified by law working (mentally or physically) to earn for his/her own survival or to support his/her family partially or fully, and which prevents his/her social and education development may be said to be “child labour”. O report India has the maximum child labour in the world i.e. : Census 1991 – 2.63 crore, Organization research group, Baroda, 1994-95 – 4.44 crore, Centre for concern of Child Labour – 10 crore.The reasons which are generally responsible for child labour may include : Poverty, Ignorance, Illiteracy, Population explosion, Lack of knowledge of their own rights, Big amounts of debt on the parents, Large size of family but not enough income to support such big family, Lack of social security scheme in the country, Weak enforcement of labour laws. Extra-governmental volunteer organization – more than 5 crore.The Child Labour (Prohibition and Regulation) Act, 1986: The Act prohibits the employment of children below the age of 14 years in 13 occupations and 51 processes that are hazardous to the children’s lives and health listed in the Schedule to the Act .It further states that if a child is between 15 and 18 years of age, can be employed in a factory only if he has a certificate of fitness granted with reference to him under section 69 which is in the custody of the manager of the factory.