Article 24 of Constitution of India and Prevention of Child Labour

Author : Yuvraj Kashyap

The Indian fundamental right provides the basic human right to every individual irrespective of gender, caste, colour, sex, age, etc. It also protects individual from various injustice. Article 24 of the Indian Constitution protects children from being exploited. As, children are regarded as the face of the Almighty and one of the beautiful creation which will also make the country a paradise when they stand on their own feet through their well and pure effort. But many social bad practices leads to the degradation of children and child labour is one of them. Child labour is what so an inhuman practice that cramps the mental and physical growth of a child which is considered as exploitative for the future of children and the entire nation.

Keeping in mind the Constitution makers made provision for the children from being exploited in labouring. Hence article 24 has been perpetuated in the Constitution of India and it decree that “no any child below age of 14 years shall be employed to work in any industry or mine or engage in any other hazardous employment” which is followed by Article 39(f) of the Directive Principle Of State Policy, which clearly states that children are given opportunities and facilities to enhance in a fruitful manner that means in condition of freedom and dignity and protected against exploitation and against immorality. That is the main gist of this Article that protect the rights of the child who is forced to do noxious work to earn money (which is also unconstitutional since child labour violates Article 14 and Article 21 of the Indian Constitution).

If we talked about the data of child labour in India then according to the census 2001 figures there are 1.26 crore working children in the age group of 5 to 14 years as compared to the total population of 20.3 crore. Seeing this the legislature has enacted various laws for the protection of children from being exploited in factories by virtue of article 15(3), Article 249 and 250. So way back in 1986, the government has passed the Child Labour (prohibition and regulation) Act,1986 . This  provides for the rules for prohibition and regulation of child labour in country for the implementation of article 24.  Again in 2016, the government has enacted the Child Labour (prohibition and regulation) Amendment Act 2016, this amendment also provides employment of adolescents in the age group of 14 to 18 years in hazardous occupation. This amendment also provides severe punishment for employees for violation of the Act.

Also in 2005 The Commission for Protection of Child Rights Act established a National Commission as well as State Commission for protection of child rights and Children’s Court was established for offences against children.

In case of People’s Union for Democratic Right v. Union Of India 1983 ,it has been seen that the children below the age of 14 years are working at the construction industry and the question arose that the construction industry and not the hazardous one, but the Hon’ble Court held that the construction work falls in the field of hazardous employment hence children below the age of 14 years must not be employed.

Also in case of M.C Mehta v State of Tamil Nadu (1991), the Hon’ble Supreme court mandated that children shouldn’t be employed in hazardous jobs in factories. And also all children are given education till the age of 14 years by virtue of Article 39 (e).

On concluding it can be stated as child labour is that type of heinous practice that harms the development and efflux of children and also the country. Because if this shameful act is not being stopped then it must be a curse for the nation and what the term called “dharma” must go in vain.