Introduction: Children, often synonymous with the universe for parents, embody the essence

of humanity. Unfortunately, they are also the most vulnerable to exploitation, encompassing
both physical and mental abuse. Denied fundamental needs like education and health crucial
for their growth, children have historically been subjected to labor, a practice normalized for
ages. India's Constitution, under Article 39, prohibits children under 14 from working in
mines or factories, emphasizing avoidance of hazardous employment. Despite this, child
labor persists, posing a significant hurdle to social development. Recognizing the severity of
the issue, the Indian government enacted The Child Labour (Prohibition and Regulation) Act,
1986, with substantial amendments in 2016, imposing a complete ban on employing children
under 14 and outlining provisions for those above 14.

Declaration of the Rights of the Child, 1959: The Declaration of the Rights of the Child,
1959, adopted by the United Nations General Assembly, marks the first definition of
children's rights. Also known as the Geneva Declaration, it addresses essential rights,
including normal development, nutrition, education, shelter for orphans, priority relief in
distress, protection from exploitation, and encouragement of talent devoted to service.
Originally adopted by the League of Nations in 1924, the Declaration was reaffirmed in 1934.

International Convention on the Rights of the Child, 1989: The International Convention on
the Rights of the Child, 1989, a human rights treaty, covers civil, political, social, health, and
cultural rights of children. A child, as per the Convention, is under eighteen unless a different
age is specified by applicable law. Nations ratifying the Convention are obligated to follow it,
with the UN Committee on the Rights of the Child monitoring compliance. The Convention
emphasizes life, identity, parental care even post-separation, protection from exploitation, and
a child-friendly approach in legal disputes.

Rights of Child and the Indian Constitution: The Indian Constitution assures rights to
citizens, including children. Special provisions for children exist, acknowledging their unique
status. The 86th Constitutional Amendment, making Right to Education a Fundamental
Right, ensures free elementary education and protection from hazardous employment until
age fourteen. Constitutional articles (21 A, 24, 39(e), 39(f), and 45) safeguard children's
rights, covering abuse, forced employment, equal opportunities, and early childhood care and
education. Despite these provisions, children hold equal rights to adult citizens.
Prohibition of Child Employment in Specific Occupations and Processes: The Child Labour
(Prohibition and Regulation) Act, 1986 is designed to eliminate child abuse through
employment and forbid the involvement of children below 14 years in any hazardous
employment. The Act explicitly prohibits the employment of children in specific occupations
and processes, detailed in its Schedule. The prohibited occupations for children under 14
include activities such as working in railway-related roles, catering establishments at railway
stations involving train movements, and tasks associated with port limits, slaughterhouses,
and the sale of crackers. Processes prohibited for children under 14 encompass activities like
making bidis, carpet weaving, cement manufacturing, cloth printing, dyeing, and weaving,
among others. In total, the Act bans around 13 occupations and 51 processes involving child
labor. Article 24 of the Indian Constitution aligns with this provision by prohibiting the
employment of children in factories.

Employer Guidelines and Regulations: The Act lays down specific guidelines for employers
engaging children under 14. Employers are restricted from making child employees work
between 7 p.m. and 8 a.m., with no provision for overtime. A child should not work more
than 3 hours without a one-hour interval, and the total working hours should not exceed six
hours a day. Employers must ensure the health and safety of child employees by providing
basic facilities such as drinking water, toilets, waste disposal, and ventilation. Additionally,
employers need to notify the Factory Inspector when employing a child, and the production
of the child's age certificate is mandatory as per the Act.

Power to Amend the Schedule: The Central Government holds the authority to amend the
Schedule, as outlined in the Act. Amendments to add occupations or processes must be
notified in the Official Gazette, with a notice period of at least three months. The amendment
comes into effect upon publication in the Official Gazette, reflecting the changes made to the
Schedule.

Child Labour Technical Advisory Committee: The Act allows for the formation of the Child
Labour Technical Advisory Committee by the Central Government through notification in
the Official Gazette if deemed necessary. The committee, consisting of a Chairman and
appointed members (not exceeding 10), advises the Central Government on adding
occupations or processes to the Schedule. The Committee is free to constitute sub-committees
as needed. Meetings are conducted based on their determined procedures, and both the
Chairman and members are entitled to allowances for their service.
Strategies and laws adopted after the rise in child labour

Despite a surge in child labor cases in India, the government faces a pervasive issue, with
reports indicating that one in four children aged 5-14 is engaged in child labor. Despite
legislative frameworks and constitutional provisions, the government has grappled with the
problem. Over the past decade, it has implemented various laws, such as the Factories Act
1948, Minimum Wages Act 1948, Plantation Labour Act 1951, Mines Act 1952, Child
Labour Act 1986, and Right of Children to Free and Compulsory Education Act 2009, to
address child labor. India has also participated in international conventions and initiatives like
the ILO Abolition of Forced Labour Convention and the World Declaration on the Survival,
Development, and Protection of Children. In 1979, India established the Gurupadswamy
board to address child labor issues, adopting a pragmatic approach focused on prohibiting
child labor in hazardous areas. The board's recommendations led to the implementation of the
Child Labour (Prohibition and Regulation) Act in 1986. While recognizing the impracticality
of complete eradication, these efforts aim to comprehensively address and mitigate the
challenges associated with child labor in the country.

The Child Labour (Prohibition and Regulation) Act of 1986 outlines regulations that
employers must adhere to when employing children. The Act applies to establishments not
involved in specific occupations or processes outlined in Section 3. It stipulates that no child
employee should work beyond prescribed hours, not exceeding six hours, with a one-hour
break. Child labor is prohibited between 7 p.m. and 8 a.m., and overtime is not permitted.
Every employed child is entitled to a weekly holiday, and the establishment must display the
designated day prominently. Employers must notify the local Inspector if they employ a
child, providing details about the establishment. In cases of disputes over a child's age, an
Inspector can appoint a medical authority to determine it. Establishments must maintain a
register with information on employed children, including their names, dates of birth, work
hours, nature of employment, and other prescribed particulars. The Act mandates displaying a
notice summarizing Sections 3 and 14 in a visible place. Health and safety rules, outlined in
the Act, include maintaining cleanliness, waste disposal, ventilation, temperature control, dust
reduction, and provision of amenities like drinking water and toilets. Safety measures for
machinery, instruction for child employees working near machinery, and protection against
hazardous substances are also specified. The government can establish additional rules for the
health and safety of employed children through Gazette notifications.

Case Laws

Court On Its Own Motion v. The State of Jharkhand (2016): The petitioner raised concerns
about child labor in Jharkhand, alleging a lack of disclosure by the state on addressing the
issue. The high court directed the state to submit a report outlining its schemes and steps to
tackle child labor.

Jayakumar Nat v. State of NCT of Delhi (2015): The Delhi High Court focused on child labor
rehabilitation, instructing the Delhi government to formulate policies for the proper
rehabilitation of rescued child laborers. The court emphasized providing economic assistance
to parents to prevent children from being forced back into child labor.

Roshan Gupta v. The State of Bihar (2012): The petitioner faced a fine of Rs. 20,000 for
employing child labor in violation of the Child Labour Act. The court imposed the fine
without giving the petitioner a chance to explain the circumstances. The writ petition was
disposed of with the prescribed punishments and court orders.

Bachpan Bachao v. Union of India (2010): The Delhi High Court clarified the duties of
committees formed for child protection, directing them to address issues of abusive working
environments for children aged 14-18. The commissions were tasked with evaluating the
absence of medical care and food for these children, with a 30-day deadline to determine
objectives and plans.

Bandhua Mukti Morcha v. Union of India (1995): A Public Interest Litigation (PIL) aimed to
safeguard the interests of children under 14, particularly those working in the carpet industry.
The court directed the state to provide socio-economic justice and opportunities for
personality development to these children, especially those belonging to SCs and STs in
Bihar.

TMA Pai Foundation v. Union of India (2002): The court emphasized the parents' and
guardians' duty to ensure free education opportunities for children. In alignment with this
judgment, the parliament enacted the Act for free and compulsory education in 2009.
The Child Labour (Prohibition and Regulation) Act of 1986 serves as a crucial legal
instrument in preventing children from engaging in hazardous employment, establishing a
minimum employment age of 14 years. This legislative framework has significantly
contributed to the reduction of child labor rates in India. By delineating provisions for the
maximum duration and conditions of work, the Act has played a pivotal role in mitigating the
risks and exploitative practices associated with child labor. While the Act has made
substantial strides in curbing child labor, societal challenges such as poverty and illiteracy
continue to perpetuate this issue. The persistent existence of child labor underscores the need
for collective responsibility within society. As aptly articulated by Justice Subba Rao, the
former Chief Justice of India, "Social justice must start with the child." This emphasizes the
paramount importance of nurturing and safeguarding the well-being of children, as they
represent the foundation for a just and equitable society. The Act imposes penalties, including
imprisonment or fines, on employers found in violation of its provisions. Despite its positive
impact, the eradication of child labor necessitates concerted efforts to address underlying
socio-economic issues. By fostering a comprehensive approach and raising awareness,
society can work towards fulfilling the imperative of protecting the rights and well-being of
its youngest members.