A Socio-Legal Analysis of India's Policy Deficits and Difficulties
Regarding Child Labor and Human Rights
Abstract
1 Child labor is a major socio-legal issue and a grave human rights violation for millions of youngsters in India,
notwithstanding the legal framework. It demonstrates that despite long-standing rules that forbade child labor decades
ago, this serious issue still occurs here. This study examines how socioeconomic factors—primarily poverty, lack of
access to education, societal norms, and noncompliance with labor laws—contribute to the development of child labor
among the most vulnerable populations. In light of the Child Labour (Prohibition and Regulation) Act, 1986, as
amended in 2016, the Right to Education Act, 2009, and other international treaties that India has accepted, it critically
examines the legal procedures currently in place. Using a case study from several states, this paper highlights the gaps
in sector-specific enforcement and policy implementation such as household work, mining, agriculture, and the
apparel sector. The results show that this problem is made worse by law enforcement's shortcomings, bureaucracy,
corruption, and a lack of interagency collaboration, which leaves many youngsters vulnerable to exploitation.
Sustainable elimination would require a multifaceted strategy that includes bolstering law enforcement, improving
rehabilitation initiatives, incorporating technology to track child labor, and raising public awareness. This study
highlights the need of taking child rights seriously due to the collaboration between international institutions, the
Indian government, and non-governmental organizations.
KEYSWORD: - Child labour, human rights, socio-legal study, legal frameworks, policy challenges, India
Introduction :-
An estimated 10.1 million children between the ages of 5 and 14 work in India, depriving them of their childhood,
education, and fundamental human rights. Child labor is a pervasive problem in the country (ILO, 2017). In India,
child labor is widespread and involves youngsters working in a variety of industries, including as manufacturing,
construction, mining, household work, and agriculture. There are many different types of child labor in India; some
kids work in dangerous jobs, endure emotional, physica l, and psychological abuse, and are denied access to healthcare,
education, and a safe and healthy environment.
Children from underprivileged groups, such as Adivasis and Dalits, are more susceptible to child labor. The issue is
made worse by social and economic inequality, poverty, and illiteracy, with many Families are compelled to live off
of the money their kids make. The problem is made more complicated by the fact that youngsters are occasionally
trafficked and made to labor under abusive circumstances.
In India, one of the biggest industries using child labor is agriculture, where kids work on jobs including planting,
harvesting, and moving big objects. Numerous children are employed in the domestic work industry as well; many of
them put in long hours without receiving compensation or having access to schooling.
Children are frequently used as laborers in the construction industry, moving bricks and other supplies. Children
working in this industry are frequently subjected to dangerous working conditions, such as carrying heavy equipment
and working at heights laboring in hazardous and uncontrolled mines, putting them at risk for respiratory ailments and
1 eprajounaral.com
other health problems.
Children employed in manufacturing labor in sweatshops and factories, frequently in terrible conditions, with little to
no access to essential utilities like sanitary restrooms and clean drinking water. The clothing sector is among the
biggest Children are also employed in the mining industry, with numerous employers of child labor in India, where
kids are frequently paid pitiful rates for working long hours in hazardous conditions.
As a result, child labor in India has a wide-ranging and intricate nature. Children from underprivileged backgrounds
are especially at risk, and the issue is made worse by social and economic inequality, poverty, and illiteracy.
Addressing the underlying causes of child labor and putting in place efficient laws and initiatives that uphold children's
rights and shield them from abuse and exploitation are crucial.
2 Sectoral Distrbution Child Labour 2004- 2005
Category of States Manuf Const Trade Hotels & Community, Social and O T
States acturin ructio Restaurants Personal Services th o
g n er t
s a
l
Non Special Andhra 71.8 9.7 3.2 9 7.1 2 1
Category states Pradesh 0
0
Non Special Assam 87.9 8.4 1.8 7.8 11 1. 1
Category states 8 0
0
Non Special Bihar 0 11.2 0 15.5 1.1 0. 1
Category states 5 0
0
Non Special Chhattisg 76.7 2.4 0.9 7.2 1.7 0 1
Category states arh 0
0
Non Special Delhi 65.6 11.1 0 57.8 31.1 0 1
Category states 0
0
Non Special Gujarat 65.3 2.6 0.3 17.8 1.5 1. 1
Category states 2 0
0
Non Special Haryana 82.6 3.8 7 8.1 15.5 0 1
Category states 0
0
Non-Special Jharkhand 19.2 14.6 4.3 12.1 2.8 0. 1
Category states 9 0
0
Non Special Karnataka 82.9 9.3 1.2 5.7 0.3 0. 1
Category states 9 0
0
Non Special Kerala 82.6 32.8 0 32 16.1 0 1
Category states 0
0
Non Special Madhya 73.2 9. 9 1.5 4.3 1.3 0 1
Category states Pradesh 0
0
2 https://www.data.gov.in/search?title=child%20labour&type=resources&sortby=_score
Non Special Maharash 67.9 5.3 1.9 5.8 4.1 0. 1
Category states tra 3 0
0
Non Special Orissa 75.8 17.4 3.3 3.3 1.1 1. 1
Category states 8 0
0
Non Special Punjab 39.5 12.7 1.2 7.2 8.4 2. 1
Category states 6 0
0
Non Special Rajasthan 61.2 9.6 2.9 7.3 0.4 4 1
Category states 0
0
Non Special Tamil 34.6 44.6 5.9 5.7 2.7 1. 1
Category states Nadu 7 0
0
Non Special Uttar 87.4 25.3 0.4 9.7 2.1 1. 1
Category states Pradesh 2 0
0
Non Special West 80.7 43.9 3.3 9.7 6.6 2 1
Category states Bengal 0
0
Special Category Himachal 68.1 0 0 6.7 4.7 1. 1
States Pradesh 2 0
0
Special Category Uttarakha 4.7 5.2 9.3 0 0 1
States nd 0
0
All India All India 16.6 2 8.5 3.4 1. 1
5 0
Legal Framework Child Labour Human Rights In India :-
India's legal system addresses child labor through both international agreements and legislative initiatives. Therefore,
national laws that completely exclude employment in dangerous industries, education, and rehabilitation serve to
reinforce the international commitments for the benefit of child safety. Despite the existence of legislative
requirements, enforcement remains a significant difficulty due to inadequate processes, a lack of awareness, and other
socio-economic limitations (National Crime Records Bureau [NCRB], 2022). 3
International Instrument
India has ratified a number of international agreements and treaties that serve as the cornerstone for labor and child
rights. The following are the most relevant ones:
4 United Nations Convention on the Rights of the Child (UNCRC), 1989
It is among the most extensive international agreements pertaining to the rights of children. In 1992, India ratified it.
It acknowledges children's rights to education and protection against harmful employment and economic exploitation
that could impede their moral, mental, or physical development.
3 National Crime Records Bureau, Child Labour Statistics in India, New Delhi: NCRB, 2022
4 https://www.unicef.org.au/united-nations-convention-on-the-rights-of-the-child
5 ILO Convention No. 138, Minimum Age Convention, 1973
This convention promotes the progressive elimination of child labor and establishes a minimum age for employment.
For dangerous jobs, the minimum age must not be less than eighteen.
6 ILO Convention No. 182 (Worst Forms of Child Labour Convention), 1999
The goal of this agreement is to end the most severe types of child labor, including as forced labor, human trafficking,
slavery, and work in dangerous environments. In 2017, India adopted this treaty, marking a significant advancement
in the legal rights for children.
National Legal Frameworks
India has enacted a number of internal laws to combat child labor and defend children's rights. Among the important
laws are
Child Labour (Prohibition and Regulation) Act, 1986, Amended in 2016 7
The 1986 Act, which was first passed to control child labor, was changed in 2016 to forbid hiring children under the
age of 14 in any job other than family-run enterprises. Additionally, the amendment prohibited teenagers (ages 14 to
18) from working in dangerous jobs.
Juvenile Justice (Care and Protection of Children) Act, 2015 8
Children in need of care and rehabilitation, such as those saved from child labor, have legal protection under this
legislation. The statute increases the penalty for child exploitation and makes it illegal to hire minors in dangerous
jobs.
Bonded Labour System (Abolition) Act, 1976 9
The goal of this law is to stop the practice of bonded labor, commonly referred to as modern slavery, in which families
and children are forced into bondage in order to pay off debts. Bonded child labor has persisted in many places even
after it was passed, particularly in the carpet weaving, brick kiln, and agricultural industries. Due to socioec onomic
circumstances, corruption, and inadequate monitoring, the implementation of these legal provisions is still insufficient.
Because there is no adequate rehabilitation and reintegration program in place, a considerable number of rescued
youngsters are said to wind up in exploitative labor situations (NCRB, 2022 10 ). It calls for bolstering law enforcement
organizations through improved coordination, raising public awareness, etc.
5
https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C138
https://gsphub.eu/conventions/Worst%20Forms%20of%20Child%20Labour%20Convention,%201999%20(
No.%20182)#:~:text=The%20Worst%20Forms%20of%20Child%20Labour%20Convention%20prohibits,ILO
%20conventions%20on%20the%20protection%20of%20labour%20standards.
7 https://labour.gov.in/whatsnew/child-labour-prohibition-and-regulation-amendment-act-2016
8 https://blog.ipleaders.in/introduction-overview-juvenile-justice-care-protection-act-2015/
9Government of India, Bonded Labour System (Abolition) Act, New Delhi: Ministry of Labour and
Employment, 1976.
10 19 National Crime Records Bureau, Child Labour Statistics in India, New Delhi: NCRB, 2022.
Socio-Economic Causes of Child Labour in India
The strong socioeconomic foundation that restricts educational chances and violates children's fundamental rights is
what drives child labor into the cycle of poverty. Despite the passage of numerous laws and programs, millions of
youngsters are being exploited and forced to labor in dangerous situations. Poverty, low educational attainment,
cultural acceptance, and child trafficking are all factors that contribute to child labor. Poverty and Financial Difficulties
In India, poverty continues to be the main cause of child labor since it forces families to send their kids to work in
order to support themselves. Poor households frequently are unable to pay for even the most basic necessities, which
forces them to send their children to work instead of school, according to Patel & Sharma (2021). According to the 11
NITI Aayog Multidimensional Poverty Index, almost 25% of Because so many Indians are impoverished, child labor
is a need for many families. Additionally, because of employment losses and unstable finances, economic shocks like
the COVID-19 pandemic have exacerbated child labor patterns.Insufficient Knowledge an d Understanding One of the
main causes of child labor is inadequate education. According to Kumar (2020), the majority of children, primarily
from rural and tribal communities, drop out of school due to a lack of funding, inadequate infrastructure, and a s hortage
of teachers at the school level. According to the A12 SER 2022 research, roughly 16% of children aged 6 to 14 in rural
India do not attend school. Furthermore, parents frequently lack awareness of the importance of education and
children's rights, which encourages child la bour
Strategies For Combating Child Labour And Upholding Human Rights In India:-
In India, preventing child labor and protecting human rights are complicated issues that call for an all-encompassing
strategy.
In addition to addressing the underlying causes of child labor, governments, civil society organizations, and other
stakeholders must put policies into place that support social and economic equality, healthcare access, and education.
Some of the tactics used in India to prevent child labor and protect human rights will be discussed in this article.
➣ Enhancing legislative actions: In India, legislative actions are essential to preventing child labor and protecting
human rights. To shield kids from abuse and exploitation, the government should make current laws and regulations
stronger. In order to hold violators accountable, the government needs also make sure that these rules and regulations
are effectively enforced.
➣ Increasing educational access: Education is a strong instrument for protecting human rights and ending child labor
in India. All kids should have access to education, especially those from underprivileged backgrounds, and this should
be encouraged by the government and non-governmental organizations. In order to give child laborers education and
skills, they need also set up schools and vocational training fa cilities.
➢ Increasing awareness: In India, awareness initiatives can be very helpful in preventing child labor and protecting
human rights. To inform parents, employers, and the general public about the detrimental impacts of child labor and
11chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.niti.gov.in/sites/default/files/2024 -
01/MPI-22_NITI-Aayog20254.pdf
12chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://asercentre.org/wp-
content/uploads/2022/12/A SER -report_2022-1.pdf
the significance of protecting human rights, the government and non -governmental organizations should launch
awareness programs.
➢ Offering social and financial assistance: In India, poverty is a major contributing factor to child labor. Reducing
the need for children can be achieved by offering families social and financial support to go to work. Families should
get assistance from the government and non-governmental organizations in the form of financial transfers, subsidies,
and job training initiatives.
➢ Supporting child protection systems: In India, preventing child labor and preserving human rights depend on child
protection systems. To find and rescue child laborers and offer them social help and rehabilitation, the government
and non-governmental organizations should set up and improve child protection services.
➢ Cooperation and partnerships: In India, preventing child labor and protecting human rights necessitate cooperation
and partnerships across multiple parties. To eliminate child labor and protec t human rights, the government,
commercial sector, international organizations, and civil society groups should work together to execute
comprehensive measures.
Case Studies
13 Child Labour in Mining (Jharkhand & Meghalaya) Mining is among the most risky sectors where the prevalence
of child labour is present. In the states of Jharkhand and Meghalaya, coal and mica mines employ 10 -year-olds, risking
lives in hazardous circumstances. Children at Jharia, Jharkhand illegal coal mines where fire is burning forever and
toxic smoke creates severe health hazards. A study by Chakraborty (2021) stated that these children are suffering from
severe respiratory diseases, tuberculosis, and chronic bronchitis because of inhaling coal dust. In Meghalaya, children
are used in rat-hole mining industries. This includes working in narrow, unregulated tunnels in rat -hole mining.
According to reports by Amnesty International (2021), many others work for bonded labour at ₹100 -₹150 per day,
often for 16 hours a day.
Child Labour in Garment Sector, Delhi & Tamil Nadu The garment Sector of Delhi and Tiruppur district of Tamil
Nadu has also been a focal point for child labour. Thousands of children have been working in small factories,
sweatshops and textile mills in this sector. In the unorganized garment industry in De lhi, children stitch clothes in
dingy crowded rooms for global brands. A study by UNICEF in 2021 has found that the trafficking process feeds into
the garment industry, bringing children to Delhi from Biha r, Uttar Pradesh, and West Bengal.. Sumangali Scheme The
Sumangali Scheme was exploiting young girls to work under bondage in textile mills in Tamil Nadu's Tiruppur.
Through this, it promised these young girls an advanced lump -sum amount after they have spent three years, a reality
away from humane work environments, lesser pay, and beating. To this date, 200,000 girls have been affected by such
malpractices with malnutrition, sexual harassment, and other psychosomatic stress.Under the umbrella of the
International Labor Organization (2021).
Child Labour in Uttarakhand Tourism, Domestic Work and Informal Sector Uttarakhand is a state which has
a tourism industry and pilgrimage destinations. Child labour is increasing in hospitality, domestic work, and small-
scale industries. Children from the rural areas of the state and the neighbouring states are trafficked into the urban
cities of Dehradun, Haridwar, and Nainital for exploitation.
Child Labour in the Tourism and Hospitality Sector In cities like Haridwar, Rishikesh, and Nainital, child labour
exists in hotels, roadside eateries (dhabas), and tea stalls. Many of the children work for hours without wages or
education, and they live in cramped conditions with no access to healthcare. A study by Bachpan Bachao Andolan in
2022 found that more than 5,000 children labour in roadside eateries and lodges in Uttarakhand. These children are
often forced to serve customers, wash utensils, and perform other manual labour
13 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ijfmr.com/papers/2025/1/36475.pdf
Conclusion
To combat child labor and uphold human rights in India, a comprehensive and collaborative approach is necessary.
This includes strengthening legislative measures, promoting education, raising awareness, providing social and
economic support, supporting child protection systems, and fostering collaboration and partnerships. It is important
to recognize that eradicating child labor and upholding human rights is a multifaceted effort.
Reference
Eprajounaral.com
https://www.data.gov.in/search?title=child%20labour&type=resources&sortby=_score
National Crime Records Bureau, Child Labour Statistics in India, New Delhi: NCRB, 2022
https://labour.gov.in/whatsnew/child-labour-prohibition-and-regulation-amendment-act-2016
https://blog.ipleaders.in/introduction-overview-juvenile-justice-care-protection-act-2015/
Government of India, Bonded Labour System (Abolition) Act, New Delhi: Ministry of Labour and Employment, 1976.
19 National Crime Records Bureau, Child Labour Statistics in India, New Delhi: NCRB, 2022.
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.niti.gov.in/sites/default/files/2024 - 01/MPI-
22_NITI-Aayog20254.pdf chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://asercentre.org/wpcontent/uploads/2022/12/A SER -
report_2022-1.pdf
https://www.unicef.org.au/united-nations-convention-on-the-rights-of-the-child
https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C138
https://gsphub.eu/conventions/Worst%20Forms%20of%20Child%20Labour%20Convention,%201999%20(No.%20
182)#:~:text=The%20Worst%20Forms%20of%20Child%20Labour%20Convention%20prohibits,ILO%20conventio
ns%20on%20the%20protection%20of%20labour%20standards.
EPRA International Journal of Multidisciplinary Research (IJMR) - Peer Reviewed Journal Volume: 10| Issue: 2|
February 2024|| Journal DOI: 10.36713/epra2013 |
https://www.ijfmr.com/
