The Prohibition of Employment of Children in factories, mines, and hazardous occupations is a cornerstone in Indian child labour law, particularly under Article 24 of the Constitution. This legislation, reinforced by acts like the Child Labour (Prohibition and Regulation) Act, 1986 and its 2016 Amendment, safeguards children from exploitation, ensuring education, health, and welfare. Students and exam aspirants must understand these laws and judicial directions, as they are crucial for understanding child rights frameworks in India.
This system combines constitutional provisions, key legislations, judicial directions, and institutional mechanisms to create a comprehensive approach against child labour.
The Constitution of India ensures that children are protected from exploitative labour, providing a strong foundation for subsequent laws.
Article 24 explicitly bans the employment of children under 14 years in factories, mines, or other hazardous occupations like construction and railways, safeguarding child rights and promoting educational opportunities.
Several laws complement the constitutional mandate, forming a robust legal framework to prevent child exploitation.
This is the principal legislation regulating child labour, establishing prohibitions and conditions for employment.
Other acts provide sector-specific protections to children, addressing gaps in the primary law.
The judiciary has actively intervened to reinforce child labour laws and ensure compliance across India.
In 1996, the Supreme Court ordered the creation of the Child Labour Rehabilitation Welfare Fund, mandating employers to deposit ₹20,000 for each illegally employed child and to invest in children’s education, health, and nutrition.
Specialized institutions ensure enforcement and monitoring of child labour laws, creating a systemic protection mechanism.
The act established institutions at national and state levels to safeguard child rights and expedite justice for violations.
The government expanded prohibitions to include domestic work and various service sector establishments.
In 2006, employment of children in homes, hotels, restaurants, tea-shops, factories, spas, resorts, and similar workplaces was prohibited, reinforcing child protection beyond traditional industrial contexts.
The 2016 amendment redefined the scope of child labour laws, introducing stricter enforcement and broader protection.
The Child Labour (Prohibition and Regulation) Amendment Act, 2016 renamed the law as Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and introduced several critical updates.
The prohibition of child labour through Article 24, the Child Labour Act, 1986, its 2016 amendment, and institutional frameworks like Commissions for Protection of Child Rights ensures holistic protection of children. These laws are pivotal for safeguarding child rights, promoting education and welfare, and serve as an essential study area for students and exam aspirants to understand India’s child labour regulatory environment.
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