A child is an architect of the country. In spite of flying like a butterfly, these children are made to do difficult task. It is really an exploitation. It may be a financial development but is a cultural loss. Child labour is a serious concern on the international level. Child labour means the practice of involving children into any activity either by force or by their will. It is a social problem because children are the future of a nation. There are some lobbies and gangs who export and import children to different states for child labour. These children are usually underfed. The intolerable fact is that children are sometime brutally tortured.
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According to 2017 report, India is one of the leading countries in Asia has whopping 33 million children employed in various forms of child labour. Childhood is birthright of every one, which he should live under the love and care of his parents. Child labour is contaminating the lives of many children. It is a high level of illegal act for which one should be punished but this happening side by side due to ineffective rules and regulations.
Child labour is the practice where children involve in economic activity, on part or full time basis. The practice deprives children of their childhood, and is harmful to their development. Child labour affects the growth and development of children in every aspect that is physically, socially and mentally. Poverty, lack of good schools and growth of informal economy are considered as the important causes of child labour in India 1 .The issue of child labour has always persisted in some form or the other in all societies of the world. There are several reasons for child labour in our country. The reasons are poverty, suppression of child rights, irregular education, inadequate rules and laws. Most children in the age group five to fourteen are found to be involved in agriculture in rural areas by their parents. Poverty and lack of education are the primary causes of child labour in any developing country in the world wide. Children are forced to work a lot more than in urban areas than in rural areas.Sometimes they are even made to work without food.
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The constitution of India which came into effect from 26 th January, 1950 introduced a revolutionary chapter on the rights of child. Indian constitution is against child labour. The constitution of India has several articles that protect the rights of children. Article 24 of Indian Constitution provide that “no child below the age of fourteen years shall be employed in any factory or mine or engaged in any other hazardous work 2 . Similarly, article 39 states that “the health and strength of workers, men and women, and the tender age of children are not abused” 3 . Article 21A provides that “state shall provide free and compulsory education to all children of the age of six to fourteen” 4 . Parliament has supplemented the safeguard of child rights by passing legislations to combat the problem, which include Factories Act 1948 which prohibit the employment of children below the age of 14 years in any factory , the Mines Act of 1952 which prohibit the employment of children below 18 years of age in mine and the Child Labour (prohibition and regulation ) Act of 1986 which prevent children below the age of fourteen being employed anywhere, except in non-hazardous family enterprises or the entertainment industry.
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The judiciary has played an integral role in in enforcing child rights. There have been several important cases where the judiciary has played a pivotal role in preventing the employment of children and forced labour. Also the courts have played an active role in upholding the rights of the child. In Francis Coralie Mullin v. Union Territory of Delhi 5 , the court held that “Article 21 covers protection of health and strength of workers, men, women and minorities of children versus abuse. According to the court, the occasion and services for children to grow and build in a healthy way and in order of freedom and decorum and educational benefits”. The Supreme Court in Bandhua Mukti Morcha v. Union of India 6 , held that “child today should be developed to be a responsible and child should be assured social and physical health”. The MC Mehta v. State of Tamilnadu & Ors 7 is a historic judgement on child labour, which elaborated the situation of child labour in India. It dealt with child labour working in Match Industries at Sivakasi directed that children should not be employed in hazardous jobs in factories for manufacture of match boxes and steps should be taken for the welfare of such children.
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Eradicating the child labour is a herculean task but nonetheless is not impossible. The Indian government formed the Gurupadswamy committee to find about child labour in 1979 8 . In 1986, the Child Labour Prohibition and Regulation Act was enacted on the recommendations of the committee. In 1987, a National Policy on Child Labour was formulated to focus on rehabilitating children working in hazardous occupations 9 . A powerful body, the National Authority for the Elimination of Child Labour (NAECL) was established on September 26, 1994 headed by the Union Ministers of Labours in the government of India. Many NGOs such as Bachpan Bachao Andolan, ChildFund, Child Line, Child Rights and You, have been working to eradicate child labour in India. Education is one of the most important thing which is to be provided to every child in India compulsorily. The Government should allocate necessary fund to educate and nurture the poor children. Spreading awareness is essential.
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People should be enlightened about the various evil effect of this practice so that they are aware to this idea. Children are exploited in different part of the world. We should find out the culprits and put them before the law. The development of a country is in the hands of children. We should help the poor children to survive from these difficult situations. We should realize the importance of sending our children to schools for the better future of nation. We should help them to attain bright future. There by we can help these children and our homeland.
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References
1 Child Labour-Causes, ILO, United Nations 2008
2 Article 24, The Constitution of India 1950
3 Article 39, The Constitution of India 1950
4 Article 21A, The Constitution of India
5 1981 AIR 746, 1981 SCR (2) 516
6 1984 SC 802, AIR 1997 SC 2218
7 AIR 1997 SC 699, (1996) 6 SCC 756
8 About Child Labour/Ministry of Labour & Employment, labour.gov.in. Retrieved 21 October 2019.
9 “Other Initiatives Against Child Labour in India”. International Labour Organization. Retrieved 21 October 2009
About Author
Bini.PB , Final year B.COM LL.B student of Govt. Law College Ernakulam, Kerala
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