In various cultures as well as through history of mankind, many contributions have been made towards the welfare of families by children who are aged below 17years. Child labour is much because of the poverty in society...
The aim of the Act is clearly to prohibit employment of a child lower than 14 years, as stated in the section 3. There is specific prohibition of putting children in employment in specific processes and occupations which are hazardous...
India still is in the phase of being challenged by issues of child labour. Even though the government has tried different measures in a proactive manner, the extent and magnitude of the problem is so high that it has become a problem...
Child Labour Laws In India
A number of laws and protective constitutional legislations have been passed by India after achieving Independence from British rule.
The Directive Principles of State Policy and Fundamental rights present in the Constitution of India has applied for prohibition of use of children below 14 years as labourers in mining or factories or in any castle or any kind of hazardous work as per Article 24. In the constitution it was provided that there would be resources and infrastructure development by 1960 to get compulsory and free education to every child within the age of 6 and 14 years as per Articles 45 and 21-A.
The government of India, which is federal in nature, allows for framing of laws and legislations by both state and central governments. The major legislations at the national level are:
The Factories Act of 1948:According to this Act, children are prohibited from being engaged in any kind of factory, below the age of 14. This law also dictated norms as to how long, when and who can employ children aged 15 to 18 years in any factory.
The Mines Act of 1952:As per this Act, there is prohibition of children less than 18 years from being employed in mines.
The Child Labour (Prohibition and Regulation) Act of 1986:This Act incorporates the prohibition of employment of kids below 14 years of age in occupations which are hazardous as per the list prepared by the law. This list received expansion first in 2006 and then again in 2008.
The Juvenile Justice (Care and Protection) of Children Act of 2000:This Act laid down that employing a child by anyone in bondage or employment with hazards would be a crime and would also lead to imprisonment.
The Right of Children to Free and Compulsory Education Act of 2009:According to this Act, it becomes mandatory to provide free education compulsorily to children between 6 and 14 years of age. It was also made compulsory for private schools to allocate 25% of seats for children from physically disadvantaged and socially disadvantaged groups.
The National Policy on Child Labour was formulated by India in 1987. This policy aimed to take up an approach in sequential but gradual manner, focusing on putting in rehabilitation, those children, who were working in occupations with hazards. There was a vision to bring about a rigid enforcement of various child labour laws along with various programs for development and alleviate the poverty, which was the root cause of child labour. This subsequently was followed in 1988 by the National Child Labour Project or NCLP initiative. This initiative on the developmental and legal front still continues to simply target the elimination of Child labour in the country, with a central funding of Rs 602 crores. Even after all these steps, India is faced with major challenge of child labour.