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.Tags: 5 Star Quality EssayShawshank Redemption Themes EssaysAgainst Euthanasia EssayEssays Anti Smoking MovementTerm Paper Cover Page TemplateDbq Essay PuritansTeach Creative Writing Online
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.
But unfortunately years after the commencement of the Constitution the goal set by this Article which was to be achieved in 10 years, have yet not been reached.
But the provision in article 39(f) and 45 of the constitution gave certain directions in providing a better quality of life of children employed in the factories.
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.
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.
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://