Child labour is a crime where children are forced to work fro a very early age. It is like expecting kids to perform responsibilities like working. The average age for a child to be appropriate to work is considered fifteen years and more. Children falling below this age limit won’t be allowed to indulge in any type of work forcefully. Why is that so? Because child labour takes away the kids opportunity of having a normal childhood, a proper education, and physical and mental well-being. In some countries, it is illegal but still, it’s far away from being completely eradicated.
Causes of Child Labour
Child labour happened due to a number of reasons. Firstly, it happens in countries that have a lot of poverty and unemployment. When the families won’t have enough earning, they put the children of the family to work so they can have enough money to survive. Similarly, if the adults of the family are unemployed, the younger ones have to work in their place.
Moreover, when people do not have access to the education they will ultimately put their children to work. The uneducated only care about a short-term result which is why they put children to work so they can survive their present.Furthermore, the money-saving attitude of various industries is a major cause of child labour. They hire children because they pay them lesser for the same work as an adult. They can easily manipulate them. They only see their profit and this is why they engage children in factories.
Child Labour Laws in India
To eradicate child labour, a need for legislation and statutes were felt to prohibit the malpractice of child labour. Today, there are sufficient statutes condemning and prohibiting child labour such as:
The Factories Act of 1948: The Act prohibits the employment of children below the age of 14 years in any factory. The law also placed rules on who, when and how long can pre-adults aged 15-18 years be employed in any factory.
The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age in a mine. Mining being one of the most dangerous occupations, which in the past has led to many major accidents taking life of children is completely banned for them.
The Child Labour (Prohibition and Regulation)Act of 1986: The Act prohibits the employment of children below the age of 14 yeas in hazardous occupations identified in a list by the law. The list was expanded in 2006, and again in 2008.
The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment.
The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all children aged 6 to 14 years.
Constitutional Provisions Regarding Child Labour
Several articles of Indian Constitutional provide protection and provisions for child labour.
Article 15(3) – The State is empowered to make the special provisions relating to child which will not be violative of right to equality.
Article 21(Right to Education) – No person shall be deprived of his life or personal liberty, except according to procedure established by law. The Supreme Court held that ‘life’ includes free from exploitation and to live a dignified life.
Article 21A (Right to Education) – The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.
Article 24 (Prohibition of Employment of Children’s in Factories) – No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.
Article 39(e) – The State shall, in particular, direct its policy towards securing the health and strength of 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 45 – The State shall endavour to provide early childhood care and education for all children until they complete the age of six years.
Article 51A – It shall be the duty of every citizen of India, who is a parent or guardian to provide opportunities for education to his child or ward as the case may be, between the age of six and fourteen years.
In short, the government and people must come together. Employment opportunities must be given to people in abundance so they can earn their livelihood instead of putting their kids to work. The children are the future of our country; we cannot expect them to maintain the economic conditions of their families instead of having a normal childhood.
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