Rights of Child and Prevention of Child Labour

RIGHTS OF CHILD AND PREVENTION OF CHILD LABOUR
SUBMITTED BY: MOHAMMAD IRFAN

BA.LLB (2ND YEAR)
SUBMITTED TO: MRS.SMITA TYAGI
SCHOOL OF LAW
SHARDA UNIVERSITY
ACKNOWLEDGEMENT
I take this opportunity to express my profound gratitude and deep regards to Mrs. Smita Tyagi
for her exemplary guidance, monitoring and constant encouragement throughout the course of
this report. The blessing, help and guidance given by her time to time shall carry me a long way
in the journey of my life on which I am about to embark.
I also take this opportunity to express a deep sense of gratitude for providing her cordial support,
valuable information and guidance, which helped me in completing this task through various
stages.
I am obliged to thank my dear friends, for the valuable information provided by them. I am
grateful for their cooperation during the period of my assignment.
Lastly, I thank almighty, my parents, brother, sisters and friends for their constant encouragement
without which this assignment would not be possible.
TABLE OF CONTENTS
1. INTRODUCTION
CHILD RIGHTS
STATUS OF CHILDREN IN INDIA
NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS
CHILD LABOUR
FACTS AND FIGURES
WHAT IS CHILD LABOUR?
WHO IS A CHILD LABOURER?
CAUSES OF CHILD LABOUR
CHILD LABOUR INCIDENTS
2. INDIAN STATUTORY PROVISIONS
THE EMPLOYMENT OF CHILDREN ACT, 1938
FACTORIES ACT, 1948
THE MINIMUM WAGES ACT, 1948
THE PLANTATION OF LABOUR ACT, 1951
THE MINES ACT, 1952
BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT)
ACT, 1966
THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT,
1986
SIGNIFICANT PROVISIONS OF THE CHILD LABOUR
(PROHIBITION AND REGULATION) ACT, 1986
3. CRITICAL ANALYSIS
CRITICAL ANALYSIS OF CHILD LABOUR (PROHIBITION AND
REGULATION) ACT, 1986
AN ANALYSIS OF THE 2006 AMENDMENT TO THE CHILD
LABOUR (PROHIBITION AND REGULATION) ACT

ABOLITION OF CHILD LABOUR BILL, 2006 - AN ANALYSIS
2
4. A GLOBAL PERSPECTIVE
GLOBAL INTERNATIONAL DOCUMENTATION ON CHILDRENS
RIGHTS
SPECIFIC PROVISIONS IN OTHER INTERNATIONAL AND
REGIONAL INSTRUMENTS
CHILD PROTECTION AND PLACEMENT AGREEMENTS
THE PLACE OF INTERNATIONAL LAW IN A DOMESTIC
CONTEXT
5. JUDICIAL DECISIONS AND CHILD LABOUR

CASE STUDIES
JUDICIAL RESPONSE TO CHILD LABOUR AND RIGHT TO
EDUCATION
6. CONCLUSION
7. SUGGESTION AND RECOMMENDATION
8. BIBLIOGRAPHY
INTRODUCTION
The growth of childrens rights as reflected in international and transnational law has
transformed the post-war legal landscape. The major global and regional legal instruments are
described below that have contributed to this transformation, as well as specific relevant
provisions in broader human-rights related instruments and in international agreements on child
protection and placement."
CHILD RIGHTS
It was not until the late nineteenth century that a nascent childrens rights protection movement
countered the widely held view that children were mainly quasi-property and economic assets.
In the United States, the Progressive movement challenged courts reluctance to interfere in
family matters, promoted broad child welfare reforms, and was successful in having laws passed
to regulate child labor and provide for compulsory education. It also raised awareness of
childrens issues and established a juvenile court system.
Another push for childrens rights occurred in the 1960s and 1970s, when children were viewed
by some advocates as victims of discrimination or as an oppressed group. In the international
context, The growth of childrens rights in international and transnational law has been
identified as a striking change in the post-war legal landscape. The purpose of this overview is
to describe some of the provisions of certain major international legal instruments on childrens
rights that form part of that landscape1.
Children's rights are the human rights of children with particular attention to the rights of special
protection and care afforded to minors, including their right to association with both parents,
human identity as well as the basic needs for food, universal state-paid education, health care and
criminal laws appropriate for the age and development of the child, equal protection of the child's
civil rights.
Freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender
identity, national origin, religion, disability, color, ethnicity, or other characteristics.
Interpretations of children's rights range from allowing children the capacity for autonomous
action to the enforcement of children being physically, mentally and emotionally free from
abuse, though what constitutes "abuse" is a matter of debate. Other definitions include the rights
to care and nurturing.
"A child is any human being below the age of eighteen years, unless under the law applicable to
the child, majority is attained earlier."
1 Stephen R. Arnott, Family Law: Autonomy, Standing, and Childrens Rights, 33

WILLIAM MITCHELL LAW REVIEW 809 (2007).
According to Cornell University, a child is a person, not a sub person. The term "child" often, but
does not necessarily, mean minor, but can include adult children as well as adult nondependent
children. There are no definitions of other terms used to describe young people such as
"adolescents", "teenagers," or "youth" in international law, but the children's rights movement is
considered distinct from the youth rights movement.
According to the United Nations Convention on the Rights of the Children - that India ratified in
1992 - all children are born with fundamental rights.
Right to Survival - to life, health, nutrition, name, nationality

Right to Development - to education, care, leisure, recreation, cultural activities
Right to Protection - from exploitation, abuse, neglect
Right to Participation - to expression, information, thought, religion
And a right to achieve these dreams. Even though India's children account for more than onethird of its population, their interests have never been given priority. And their rights have been
violated every single day.
CRY has compiled some statistics on the situation of children in India. This is based on our
experience of working on a range of children's issues across India. The statistics are grim. What
is worse is that very little is known of what it means to be part of such horrific numbers. The task
before us is huge and we at CRY believe that for real change to happen, every member of our
society should take responsibility to change the lives of these children permanently.
The Convention on the Rights of the Child defines basic rights of children covering multiple
needs and issues. India endorsed it on December 11, 1992.
Following are a few rights in the immediate purview of Smile Foundation as well as India.
THE RIGHT TO EDUCATION: 50% of Indian children aged 6-18 do not go to school
Dropout rates increase alarmingly in class III to V, its 50% for boys, 58% for girls.
THE RIGHT TO EXPRESSION: Every child has a right to express himself freely in
whichever way he likes. Majority of children however are exploited by their elders and
not allowed to express.
THE RIGHT TO INFORMATION: Every child has a right to know his basic rights and
his position in the society. High incidence of illiteracy and ignorance among the deprived
and underprivileged children prevents them from having access to information about
them and their society.
THE RIGHT TO NUTRITION: More than 50% of India's children are malnourished.
While one in every five adolescent boys is malnourished, one in every two girls in India
is undernourished.
THE RIGHT TO HEALTH & CARE: 58% of India's children below the age of 2 years
are not fully vaccinated. And 24% of these children do not receive any form of
vaccination. Over 60% of children in India are anemic. 95 in every 1000 children born in
India, do not see their fifth birthday. 70 in every 1000 children born in India, do not see
their first birthday.
THE RIGHT TO PROTECTION FROM ABUSE: There are approximately 2 million
child commercial sex workers between the age of 5 and 15 years and about 3.3 million
between 15 and 18 years. They form 40% of the total population of commercial sex
workers in India. 500,000 children are forced into this trade every year.
THE RIGHT TO PROTECTION FROM EXPLOITATION: 17 million children in India
work as per official estimates. A study found that children were sent to work by
compulsion and not by choice, mostly by parents, but with recruiter playing a crucial role
in influencing decision.
When working outside the family, children put in an average of 21 hours of labour per
week. Poor and bonded families often "sell" their children to contractors who promise
lucrative jobs in the cities and the children end up being employed in brothels, hotels and
domestic work. Many run away and find a life on the streets.
THE RIGHT TO PROTECTION FROM NEGLECT: Every child has a right to lead a
well-protected and secure life away from neglect. However, children working under
exploitative and inhuman conditions get neglected badly.
THE RIGHT TO DEVELOPMENT: Every child has the right to development that lets
the child explore her/his full potential. Unfavorable living conditions of underprivileged
children prevents them from growing in a free and uninhibited way.
THE RIGHT TO RECREATION: Every child has a right to spend some time on
recreational pursuits like sports, entertainment and hobbies to explore and develop.
Majority of poor children in India do not get time to spend on recreational activities.
THE RIGHT TO NAME & NATIONALITY: Every child has a right to identify himself
with a nation. A vast majority of underprivileged children in India are treated like
commodities and exported to other countries as labour or prostitutes.
THE RIGHT TO SURVIVAL: Of the 12 million girls born in India, 3 million do not see
their fifteenth birthday, and a million of them are unable to survive even their first
birthday. Every sixth girl child's death is due to gender discrimination.
India is a party to the UN declaration on the Rights of the Child 1959. Accordingly, it adopted a
National Policy on Children in 1974. The policy reaffirmed the constitutional provisions for
adequate services to children, both before and after birth and through the period of growth to
ensure their full physical, mental and social development.
Accordingly, the government is taking action to review the national and state legislation and
bring it in line with the provisions of the Convention. It has also developed appropriate
monitoring procedures to assess progress in implementing the Convention-involving various
stake holders in the society.
India is also a signatory to the World Declaration on the Survival, Protection and Development
of Children. In pursuance of the commitment made at the World Summit, the Department of
Women and Child Development under the Ministry of Human Resource Development has
formulated a National Plan of Action for Children. Most of the recommendations of the World
Summit Action Plan are reflected in India's National Plan of Action- keeping in mind the needs,
rights and aspirations of 300 million children in the country.
The priority areas in the Plan are health, nutrition, education, water, sanitation and environment.
The Plan gives special consideration to children in difficult circumstances and aims at providing
a framework, for actualization of the objectives of the Convention in the Indian context.
STATUS OF CHILDREN IN INDIA

Recent UNICEF (2005) report on the state of the worlds children under the title Childhood
Under Threat , speaking about India, states that millions of Indian children are equally deprived
of their rights to survival, health, nutrition, education and safe drinking water. It is reported that
63 per cent of them go to bed hungry and 53 per cent suffer from chronic malnutrition.
The report says that 147 million children live in cachucha houses, 77 million do not use drinking
water from a tap, 85 million are not being immunized, 27 million are severely underweight and
33 million have never been to school. It estimates that 72 million children in India between five
and 14 years do not have access to basic education. A girl child is the worst victim as she is often
neglected and is discriminated against because of the preference for a boy child.
NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS

In order to ensure child rights practices and in response to Indias commitment to UN declaration
to this effect, the government of India set up a National Commission for Protection of Child
Rights.
The Commission is a statutory body notified under an Act of the Parliament on December 29,
2006. Besides the chairperson, it will have six members from the fields of child health,
education, childcare and development, juvenile justice, children with disabilities, elimination of
child labour, child psychology or sociology and laws relating to children.
The Commission has the power to inquire into complaints and take suo motu notice of matters
relating to deprivation of child's rights and non-implementation of laws providing for protection
and development of children among other things.
Aimed at examining and reviewing the safeguards provided by the law to protect child rights, the
Commission will recommend measures for their effective implementation. It will suggest
amendments, if needed, and look into complaints or take suo motu notice of cases of violation of
the constitutional and legal rights of children.
The Commission is to ensure proper enforcement of child rights and effective implementation of
laws and programmes relating to children- enquiring into complaints and take suo motu
cognizance of matters relating to deprivation of child rights; non-implementation of laws
providing for protection and development of children and non-compliance of policy decisions,
guidelines or instructions aimed at their welfare and announcing relief for children and issuing
remedial measures to the state governments.
CHILD LABOUR
Child labour and the worst forms of child labour, as defined by International Labour
Organization (ILO) Conventions, damage childrens health, threaten their education and lead to
further exploitation and abuse. UNICEF does not oppose work that children may perform at
home, on the family farm or for a family business as long as that work is not a danger to their
health and well-being, and if it doesnt prevent them from going to school and enjoying
childhood activities.
FACTS AND FIGURES

In 2004, there were 218 million children engaged in child labour, excluding child
domestic labour.
Some 126 million children aged 517 are believed to be engaged in hazardous work.
9
It is estimated that children represent 4050 percent of all victims of forced labour, or 5.7
million children are trapped in forced and bonded labour.
Children working in the home of a third party or employer are extremely vulnerable to
exploitation and abuse. ILO estimates that more girls under age 16 are in domestic
service than in any other category of work or child labour.
EXAMPLES OF UNICEF IN ACTION

In India, UNICEF and its partners worked to reduce child labour rates by reducing the debt
burden among families through the formation of self-help groups and increasing school
enrolment. Life-skills education was provided to adolescent girls and child laborers in Andhra
Pradesh and Maharashtra.
The documentation of these and other positive experiences led to more effective advocacy with
State partners and non-governmental organizations and to increased government budget
allocations and donor support.
In Morocco, UNICEF and its partners are working to reduce the number of children working in
the handicrafts sector in Fez. At the beginning of the2005 school year, the number of children
under 12who were withdrawn from work exceeded 600; of these 80 per cent were girls working
in the carpet weaving industry.
WHAT IS CHILD LABOUR?

Among adults the term child labour conjures up a particular image: children chained to looms
in dark mills and sweatshops, as if in a long nightmarish line running from Lancashire in the
1830s right through to the South Asia of today.
In reality, children do a variety of work in widely divergent conditions. This work takes place
along a continuum, from work that is beneficial, promoting or enhancing a childs development
without interfering with schooling, recreation and rest to work that is simply destructive or
exploitative. There are vast areas of activity between these two poles.
It is at the most destructive end, where children are used as prostitutes or virtual slaves to repay
debts incurred by their parents or grandparents or as workers in particularly hazardous
conditions, that efforts are focused to stop such abuse.
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WHO IS A CHILD LABOURER?

The term child labour generally refers to any economic activity performed by a person under
the age of15, defined by the International Labour Organization (ILO) of the United Nations. On
the beneficial side of the continuum, there is light work after school or legitimate
apprenticeship opportunities, such as helping out in the family business or on the family farm. At
the destructive end is employment that is:
Preventing effective school attendance;
Hazardous to the physical and mental health of the child.
The Child has been the subject of special laws and legal provisions. Because of its tender years,
weak physique, and inadequately developed mind and understanding, every child needs
protection against moral and physical harm and exploitation by others. In the formative years of
its life, the child needs special care service to realize its full potential for growth and
development.
There are about 300 Central and State Statutes concerning children. These have been enacted
with an intention to protect and help children and achieve the goal of child labour welfare
enshrined in our National charter. Further these laws are applicable to children in various spheres
of life, which are regulatory, protective and correctional in nature.
Laws are seeking to protect and promote the rights of child. Under the law, children are entitled
to special care, assistance and essential needs and they should be given the highest priority in the
allocation of resources.
CAUSES OF CHILD LABOUR

PRIMARY CAUSES
International Labour Organization (ILO) suggests poverty is the greatest single cause behind
child labour2. For impoverished households, income from a child's work is usually crucial for his
2 International Labour Organization (ILO) suggests poverty is the greatest single
cause behind child labour. For impoverished households, income from a child's work
is usually crucial for his or her own survival or for that of the household. Income
from working children, even if small, may be between 25 to 40% of these household
income.
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or her own survival or for that of the household. Income from working children, even if small,
may be between 25 to 40% of these household income. Other scholars such as Hirsch on African
child labour, and Edmonds and Picnic on global child labour have reached the same conclusion.
CULTURAL CAUSES
Lack of meaningful alternatives, such as affordable schools and quality education, according to
ILO, is another major factor driving children to harmful labour. Children work because they have
nothing better to do. Many communities, particularly rural areas where between 60-70% of child
labour is prevalent, do not possess adequate school facilities. Even when schools are sometimes
available, they are too far away, difficult to reach, unaffordable or the quality of education is so
poor that parents wonder if going to school is really worth it.
In European history when child labour was common, as well as in contemporary child labour of
modern world, certain cultural beliefs have rationalized child labour and thereby encouraged it.
Some view that work is good for the character-building and skill development of children. In
many cultures, particular where informal economy and small household businesses thrive, the
cultural tradition is that children follow in their parents' footsteps; child labour then is a means to
learn and practice that trade from a very early age. Similarly, in many cultures the education of
girls is less valued or girls are simply not expected to need formal schooling, and these girls
pushed into child labour such as providing domestic services3.
MACROECONOMIC CAUSES
income.
12
Biggeri and Mehrotra have studied the macroeconomic factors that encourage child labour. They
focus their study on five Asian nations including India, Pakistan, Indonesia, Thailand and
Philippines. They suggest that child labour is a serious problem in all five, but it is not a new
problem. Macroeconomic causes encouraged widespread child labour across the world, over
most of human history.
They suggest that the causes for child labour include both the demand and the supply side4.While
poverty and unavailability of good schools explain the child labour supply side, they suggest that
the growth of low paying informal economy rather than higher paying formal economy is
amongst the causes of the demand side. Other scholars too suggest that inflexible labour market,
size of informal economy, inability of industries to scale up and lack of modern manufacturing
technologies are major macroeconomic factors affecting demand and acceptability of child
labour.
CHILD LABOUR INCIDENTS

COCOA PRODUCTION
In 1998, UNICEF reported that Ivory Coast farmers used enslaved children many from
surrounding countries. In late 2000 a BBC documentary reported the use of enslaved children in
the production of cocoathe main ingredient in chocolate in West Africa. Other media
followed by reporting widespread child slavery and child trafficking in the production of cocoa.
In 2001, the US State Department estimated there were 15,000 child slaves cocoa, cotton and

income.
13
coffee farms in the Ivory Coast, and the Chocolate Manufacturers Association acknowledged that
child slavery is used in the cocoa harvest.
MINING IN AFRICA
In 2008, Bloomberg claimed child labour in copper and cobalt mines that supplied Chinese
companies in Congo. The children are creasers, that is they dig the ore by hand, carry sacks of
ores on their backs, and these are then purchased by these companies. Over 60 of Katanga's 75
processing plants are owned by Chinese companies and 90 percent of the region's minerals go to
China. An African NGO report claimed 80,000 child laborers under the age of 15, or about 40%
of all miners, were supplying ore to Chinese companies in this African region.
MEATPACKING
In early August 2008, Iowa Labour Commissioner David Neil announced that his department had
found that Agriprocessors, a kosher meatpacking company in Postville which had recently been
raided by Immigration and Customs Enforcement, had employed 57 minors, some as young as
14, in violation of state law prohibiting anyone under 18 from working in a meatpacking plant.
Neil announced that he was turning the case over to the state Attorney General for prosecution,
claiming that his department's inquiry had discovered "egregious violations of virtually every
aspect of Iowa's child labour laws."
Agriprocessors claimed that it was at a loss to understand the allegations. Agriprocessors' CEO
went to trial on these charges in state court on 4 May 2010. After a five-week trial he was found
not guilty of all 57 charges of child labour violations by the Black Hawk County District Court
jury in Waterloo, Iowa, on 7 June 2010.
INDIAN STATUTORY PROVISIONS

In order to implement the constitutional and international obligation towards eradication of child
labour in different occupations, the following legislative enactments have been in force, and
continue after the Child Labour (Prohibition and Regulation) Act, 1986.It would be better to
14
appraise various statutes and statutory provisions enacted in the existing labour laws to tackle the
problem of child labour.
THE EMPLOYMENT OF CHILDREN ACT, 1938

The Employment of Children Act, 1938 which had been in force till repealed and replaced by
Child Labour (Prohibition and Regulation) Act, 1986. The main object of the Act was to prevent
exploitation of child labour in workshops and other specified occupations and to regulate the
employment of children in certain industrial employments.
The Act was passed to implement the Convention adopted by the 23rd Session of International
Labour Organization (1937), which inserted a special Article on India. Children under the age of
13 years shall not be employed or work in the transport of passengers, or goods or mails by rail,
or in the handling of goods at docks, quays of wharves, but excluding transport by hand.
Children under the age of 15 years shall not be employed to work in occupations to which this
Article applies which are scheduled as dangerous or unhealthy by the competent authority.
The keys points of this Act are;
Prohibited the employment of children under 15 years in occupations connected with
transport of goods, passengers, mail or railways;
Raised the minimum age for handling goods on docks from 12 to 14 years ;
Provided for the requirement of a certification of age ;
In pursuance of the International Labour Conference at its 31st session held in 1948
adopted a Convention (No.90) concerning night work of young persons employed in
industry. Accordingly in 1951, a provision was added for prohibition of the employment
of the children between 15 and 17 years at night in railways and ports and also provided
for requirement of maintaining register for children under 17 years; and
In 1978, a provision was added for prohibition of employment of a child below 15 years
in occupations in railway premises such as under picking or cleaning of ash pit or
building operations, in catering establishment and in any other work, which is carried on
in close proximity to or between the railway lines.
FACTORIES ACT, 1948
15
The Factories Act, 1948 prohibits employment of a child below 14 years in any factory. This Act,
extends to the whole of India except the state of Jammu and Kashmir5 .Section 67 of the Act,
enacts an absolute prohibition of employment of a child in any factory. It means no child below
the age of 14 years can be asked to work or if he himself wants to work can be permitted to work
in any factory. The provision is intended to safeguard the needy children who may like to work at
the cost of their health and life.
The Act distinguishes between child, adolescent and adult.A Child is a person who has not
completed the age of 15 years; An adolescent is a person who has completed age of 18 years
and an adult is a person who has completed the age of 18 years. The Act defines a young
person as one who is either a child or an adolescent. A child below the age of fourteen is not
allowed to work in a factory. A child above the age of fifteen and below the age of eighteen
cannot be employed to work for more than four and half hours and cannot be employed during
the night.
In M.C. Mehta v. State of Tamil Nadu6, it was held that children can be employed in the process
of packing, but the packing should be done in an area away from the place of manufacture to
avoid exposure to accident. The minimum wages for child labour should be fixed. The tender
hands of the young workers are more suited to sorting out the manufactured product and
processing it for the purpose of packing.
In Walker T. Ltd. v. Martindale7, the court held that, prohibition is absolute and not restricted to
employment in one of the manufacturing process. Thus, a child employed as a sweeper to clean
up the floor of a factory is also in contravention of provisions of Factory Act, even though he is
not employed in any of the manufacturing process. See 68, provides that non-adult workers have
to carry tokens.
5 The Factories Act, 1948, Sec. 1(2)
6 (1991) SCC, 283: 1991 SCC.(L&S) 299
7 (1916) 85 F.L.K.B. 1543
16
The children who are of 14 years but those are below 18 years can be allowed to work in any
factory if the child concerned has been given certificate of fitness by a certifying surgeon and the
said certificate is in the custody of the manager of the factory and the child so employed carries a
token with him while he is at work in which a reference of such certificate has been made.
Section 69 deals with the manner in which the fitness certificate is issued and the procedure to be
followed by a certifying surgeon in case the certificate is to be issued, renewed or revoked.
Under this Act, there is a provision for a weekly day of rest, every child worker who has worked
for a period of 240 days or more in a factory during a calendar year is entitled during the
subsequent year for leave with wages at the rate of one day for every 15 days of work as against
every 20 days in the case of a child worker8.
THE MINIMUM WAGES ACT, 1948

The Act extends to the whole of India except the State of Jammu and Kashmir9. The Minimum
Wages Act was enacted for the improvement of the economic conditions of the working people
in industries in our country. It provides for fixing minimum rates of wages in certain employment
to which provisions of this Act applies. It intended to prevent exploitation of labour and for the
purpose it authorizes the appropriate government to take steps to prescribe minimum rates of
wages in the scheduled industries.
The Act was enacted with the objectives of fixing, reviewing, revising and enforcing the
minimum rates of wages relating to scheduled employments to the notified under the law by the
appropriate government, i.e. Central/state.
The intention of the Act is to fix minimum rates of wages in which the labour force is vulnerable
to exploitation i.e. is not well organized and has no effective bargaining power. It provides for an
institutional mechanism and procedure for fixation, review, revision and enforcement of
minimum rates of wages.
Minimum Wage has not been defined in the Act. In essence, the minimum wage represents the
basic subsistence wage below which no employer can go, although nothing prevents him from
8 Factories Act, 1948 Sec. 79
9 Minimum Wages Act, 1948, Sec. 1(2)
17
paying above this statutorily notified wage. However, the following five norms recommended by
the Indian Labour Conference in its 15th session held at Nainital in 1957 are kept in view by the
appropriate government for fixation and revision of minimum wages:
Three consumption units for one earner;

Minimum food requirement of 2700 calories per average Indian adult;
Clothing requirements of 72 yards per annum per family;
Rent corresponding to the minimum area provided for under the governments Industrial
Housing scheme; and

Fuel, lighting and other miscellaneous items of expenditure to constitute 20 percent of the
total minimum wage.
The Supreme Court of India in its Judgment in the case of Reftakes Brett and Co. v. others10, held
that the childrens education; medical requirement; minimum recreation; provision for old age;
and marriage, should be added to the norms and criteria already recommended by Indian Labour
Conference.
The Act defines a child as a person below 15 years. It provides for minimum wages for children
and apprentices. It also has provision regarding hours of work and physical fitness. Under this
Act, adult means a person who has completed the age of 18 years and adolescent means a person
who has completed the age of 14 years but less than 18 years.
There are however two provisions in the law that have a direct relevance to child labour, which
appears that the Act did not have any objective of elimination of child labour. Sub-section 3 of
section 3(A) read as follows.
In fixing or revising minimum rates of wages under this section:
Different minimum rates of wages may be fixed for:
a) Different scheduled employments;
b) Different classes of work in the same scheduled employment;
c) Adults, adolescents, children, and apprentices;
Rule 24 says, Number of working hours which shall constitute a working day.
The number of hours which shall constitute a normal working day shall be
a) in the case of the adult, nine hours;
10 Civil Appeal No. 4336 of 1991
18
b) in the case of a child, four and half hours; and

The working day of an adult worker shall be so arranged that inclusive of the intervals of
rest, if any, shall not spread over more than twelve hours on one day.
There are two anomalies arising out of the above provision. One is that, in rural areas and in the
unorganized and informal sectors of employments it is extremely difficult to fix the hours of
work and also to enforce the hours so fixed.
Even though children are barred from working for over four and a half hours a day, in actual
practice they work for over eight hours and sometimes even more than ten and twelve hours. A
recent study conducted by UNICEF of children employed in brick kilns in Thane district of
Maharashtra confirms this. Even when children actually work for more than the stipulated hours
of work they are not paid overtime. The provision of spread over, as in rule 24(2) is invariably,
honored in the breach.
The second anomaly arises from a bare reading of sec.11. Section 11, deals with payment of
wages. Ordinarily under sec. 11(1) such wages shall be paid in cash, sec. 11(2) however, permits
payment of wages either wholly or partly in kind where it has been the custom to pay wages in
kind after satisfying itself that it is necessary in the circumstances of the case to do so.
THE PLANTATION OF LABOUR ACT, 1951

This Act extends to whole of India except the State of Jammu and Kashmir11. It applies to
plantations in Tea, Coffee, Rubber or Cinchona, etc in which 30 or more persons are employed. It
prohibited the employment of children less than twelve years in plantation. The child worker (A
person who has completed 15 years) can be allowed to work if employed only between 6 am. and
7 pm.
11 The Plantation of Labour Act, 1951, Sec. 1(2)
19
The total maximum working hours in a week for a child and an adolescent prescribed under the
Act, are 40 hours. A child who has completed his twelth year and adolescent will not be allowed
to work in any plantation unless he is certified to be fit by a duly appointed certifying surgeon
and such a child or adolescent is required to carry with him while he is at work a token giving a
reference of such certificate. The certificate granted under section 27 of this Act, remains valid
for a period of one year. The Act, prescribed a few welfare measures in the nature of suitable
rooms for the use of children below the age of 6 years and education for the children of worker
employed in plantation.
There is also a provision for penalty for using false certificate of fitness under the Act. The
Plantation Labour Act, 1951 has now been amended by sec. 24 of Child Labour (Prohibition and
Regulation) Act, 1986 to bring the age of the child in line with the definition under the said Act.
Now under the amended sec. 2(a) and (c) child means a person who has not completed his
fourteenth year of age. Section 24 has been omitted and in section 26, in the opening portion, the
words who has completed this twelth year have been omitted.
THE MINES ACT, 1952

This Act extends to the whole of India. This Act defines child as a person who has not completed
his 15 years. The Act not only prohibits the employment of children in mines, but also prohibits
the presence of children in any part of a mine which is below ground or in any open cast working
in which any mining operation is being carried on. Even an adolescent is not allowed to work in
any part of a mine which is below ground, unless he has completed his 16th year and has a
medical certificate of fitness for work. A certificate is valid only for twelve months.
Under the Act, adolescent is allowed to be employed in any mine except between 6 am and 6 pm.
The provision with respect to employment of children under Mines Act, 1952 are more stringent
than those under the Factories Act, 1948. It prohibits the employment of person below 18 years
to work in any mine.
The Act, stipulated two conditions for underground work in a mine,
a) Requirement to have completed 16 years of age and
b) Requirement to obtain a certificate of physical fitness from a surgeon. Apprentices
and other trainees, not below 16 years of age, may be allowed to work, under
20
proper supervision, in a mine by the manager, provided that in case of trainees

other than apprentices, prior approval of the Chief Inspector or an Inspector is
required to be obtained before they are allowed to work.
There are penal provisions to ensure observance of the provisions of the Act. If a person below
18 years of age is employed in a mine in contravention of section 40, the owner, agent or
manager of such mine shall be punishable with fine up to Rs. 500/- However, it is obvious that,
the relevant penal provisions are not adequate.
BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT)

ACT, 1966
This Act extends to the whole of India. This is a special legislation for regulating conditions of
work of Beedi and cigar workers. Although the Factories Act, applies to such workers but the
employers intentionally split the concerns into small units to escape the provisions of the
Factories Act. Further, a special feature of this industry is that the manufacturers of Beedis get
the work done through contract labour and also in private dwelling houses which again leads to
avoidance the provisions of the Factories Act. This Act tries to meet such difficulties.
Section 24 of the Act enacted for the welfare of labour and for regulating and enforcing better
conditions of labour, amongst those who are engaged in the manufacture of Beedis and cigars,
prohibits employment of children in industrial premises, where any process connected with the
manufacture of Beedis and cigars takes place.
Child for the purpose of this Act, means a person who has not completed fourteen years of
age. The employment of young persons between 14 and 18 years is prohibited between 7 pm and
6 am.Provisions for canteen, first aid, ventilation, and cleanliness are made under the Act. The
administration of the Act rests with the State who appoint. Chief Inspector or Inspector for the
purpose. The Act provides for penalties for breach, which may be imprisonment up to three
months or a fine up to Rs. 500/- or both.
The Supreme Court in the case of M/s P.M. Patel and Sons v. Union of India12, has held that the
terms of the definition of employee are very wide. They include not only persons employed
12 AIR 1987 SC 447
21
directly by the employer but also employed through a contractor. Moreover, they include persons
employed in connection with the work of the factory engaged in the task of rolling Beedis.
Therefore, the home workers rolling Beedis are employees under this Act.
THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

Plethoras of legislations were enacted since 1881 for progressively extending legal protection to
the working children. Provisions relating to child labour under various legislations have
concentrated mainly on aspects such as minimizing working hours, increasing minimum age and
prohibition of employment of children in occupation and processes detrimental to the health and
welfare of children of tender age13.
The Children (Pledging of Labour) Act, 1933 followed by the Employment of Children Act,
1938 was the first statutory enactment dealing with child labour, was repealed by the Child
Labour Act, 1986. The Child Labour (Prohibition and Regulation) Act is an outcome of various
recommendations made by a series of Commissions. This legislation was enacted to reform the
legal measure, as the policy of both Prohibition and Regulation.
All the recommendations made by various Committees created a National consensus in favour of
bringing a uniform comprehensive legislation to prohibit employment of children in certain other
employments.
To achieve this goal, the Child Labour (Prohibition and Regulation) Bill was introduced and
passed in both houses of parliament in August 1986 with a view to prohibiting employment of
children in certain types of jobs and regulating the conditions of employment of children in
certain others.
The statement of objects and reason in the Bill:
There are a number of Acts which prohibit employment of children below 14 years and 15 years
in certain specified employments. However, there is no procedure laid down in any law for
deciding in which employments, occupations or processes the employment of children should be
banned. There is also no law to regulate the working conditions of children in most of the
13 Awards Digest : Journal of Labour Legislation, Vol.XX Nos. 7 to 12, cited in Asha
Bajapai, Child Rights in India:, New Delhi: Oxford University Press, 2006 , p.163
22
employments where they are not prohibited from working and are working under exploitative
conditions.
The Bill seeks to achieve the following objects;
Ban the employment of children, i.e. those who have not completed their
fourteenth year in specified occupations and processes;
Lay down a procedure to decide modifications to the schedule of banned
occupations or processes;
Regulate the conditions of work of children engaged in forms of employment in
which they are permitted to work;
Prescribe enhanced penalties for employment of children in violation of the
provisions of this Act and other Acts that forbid the employment of children ; and
Establish uniformity in the definition of child in laws concerning them.
The main features of the present Act are:
It prohibits employment of children in most employments as detailed in the
Schedule as Processes and Occupations. Most of them are hazardous in nature but
the term hazardous has not been defined;
It intends to regulate employment of children in all establishments except those
prohibited ones;
It provides for a Child Labour Technical Advisory Committee to advise the
Central Government in matters of further prohibition, regulation etc ;
Regulatory provisions made fixing the number of hours, period of work,
prohibition of overtime, double employment, provision of weekly holidays etc;
Requirement of the employer to give notice to Inspectors, maintenance of register,
display of notice ; provision for health and safety are also in Part III ; (vi) It
provides for minimum penalty of imprisonment for 3 months and maximum one
year and minimum fine of Rs. 10,000 and maximum fine of Rs. 20,000. Almost
all the violations of the regulatory and mandatory provisions are declared as
offence under the Act;
Any person can file a complaint but only a Metropolitan Magistrate can take
cognizance of any offence; and finally; and
The provisions made under the present Act is declared to be in addition to the
provisions and protections of children already existing in other enactments.
23
SIGNIFICANT PROVISIONS OF THE CHILD LABOUR (PROHIBITION

AND REGULATION) ACT, 1986
The Act is divided into IV parts and contains 26 sections with one Schedule consisting of Part-A
for Occupations and Part-B for Processes. The preamble to the Act, states that it is An Act to
prohibit the employment of children in certain employments and to regulate the conditions of
work of the children in certain other employment. The Act prohibits the employment of any
person who has not completed his fourteenth year of age14 in occupations and process set forth in
Part-A and Part-B of the schedule of the Act.
The prohibition under Part II, section 3 is not absolute as it does not apply to any workshop
wherein any process is carried on by the occupier with the aid of his family or to any school
established by, or receiving assistance or recognition from Government. Section 5 of the Child
Labour (Prohibition and Regulation) Act provides for the constitution of a Child Labour
Technical Advisory Committee to advise the Central Government for the purpose of addition to
the schedule of the Act.
The Act thus classifies all establishments in two categories.
a) The Act in which employment of child labour is prohibited; and
b) Those in which the working conditions of child labour shall be regulated.
If we analyze the preamble of the Child Labour (Prohibition and Regulation) Act, 1986 the
intention of the parliament is not at all to prohibit the child labour altogether, rather they are
permitted to work in a regulatory manner. Had it been the intention of the parliament to abolish
the system of child labour then the nomenclature of the legislation would be the Child Labour
Abolition Act in the form of Bonded Labour Abolition Act.
Part-III of the Act runs from section 6 to 13 deal with regulation of conditions of work of
children. This part prescribes the norms for working hours and period of work, weekly holidays,
guidelines to deal the disputes as to age, imposed legal responsibility to maintain the register on
the occupation and health and safety of the working children. The policy of regulation of child
14 Child Labour Act, 1986; Sec. 3, No child shall be employed or permitted to work
in any of the occupations set forth in part A of the Schedule or in any workshop
wherein, any of the processes set forth in part B of the schedule is carried on.
24
labour in circumstances other than those where it is prohibited is a major component of the Act.
However, regulatory provisions granting permission for child labour involves compromise with
the interest of children and has far reaching effect on their career.
The Act, in its Part III regulates the conditions of work of children in establishments in which
none of the occupations or processes referred to in section 3 is carried on. It provides that no
child shall be required or permitted to work between 7 pm and 8 am and to work overtime. The
period of work shall not exceed three hours and no child shall work for more than three hours
before he has had an interval for rest for at least one hour. The total working hours including
interval for rest and the time spent in waiting for work shall not be spread over more than 6 hours
per day. It is also provided that no child shall be required or permitted to work in any
establishment on any day on which he has already been working in another establishment.
Part-IV of Child Labour (Prohibition and Regulation) Act deals with procedure for prosecution
of offences and penalties under the Act. It provides a procedure relating to the offences .A
positive feature of the Act under sec. 16 is that:
a) Any person, police officer or inspector may file a complaint of the commission of an
offence under this Act in any court of competent jurisdiction ;
b) Every certificate as to the age of a child which has been granted by a prescribed medical
authority shall, for the purposes of this Act be conclusive evidence as to the age of the
child to whom it relates ; and
c) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the First Class
shall try any offence under this Act.
PENALTIES UNDER THE CHILD LABOUR ACT

The penalties under this Act are relatively more stringent than the earlier Acts and violating the
provisions relating to child labour in certain other Acts results in a penalty under this Act.
The penalties under this Act are as follows:
25
a) Whoever employs any child or permits any child to work in an hazardous employment
shall be punishable with imprisonment for a term which shall not be less than three
months but which may extend to one year, or with fine which shall not be less than ten
thousand rupees but which may extend to twenty thousand rupees, or with both;
b) For a repeated offence, the punishment is imprisonment for a term which shall not be less
than six months but which may extend to two years; and
c) For failing to give notice to the inspector as required by section 9, or failing to maintain a
register as required by section 11, or making any false entry in the register, or failing to
display an abstract of section 3, or of failing to comply with any other provisions of this
Act or rules, the punishment is imprisonment which may extend to one month, or with
fine which may extend to ten thousand rupees or with both
It is to be noted that the Act provides for both fine as well as imprisonment. But in practice, in
those few instances where the employer is prosecuted, he is generally fined.
CRITICAL ANALYSIS
CRITICAL ANALYSIS OF CHILD LABOUR (PROHIBITION AND
REGULATION) ACT, 1986
There are certain shortcomings in the Act. The Child Labour Act was passed with the object of
achieving two contradicting goals, viz; prohibition and regulation of child labour which is not in
conformity with Article 24 of Constitution and the Act is in favour of regulation rather than
abolition of Child Labour15. There is another major lacuna in the Act, i.e. the absence of any
measures for rehabilitation of the child.
The proviso annexed to section 3 is abused by employing children in respect of families and
work experience acquired by children. This proviso helps employers to pose as family members
of the children working in their premises and thus continued to exploit the children, this is how
15 PP Jayanti, Child Labour A Socio Legal Study KUJLS 143 to 158 ( 1988)
26
the employer escapes from prosecution. Hence burden of proof is to be fixed on the occupier to
prove that the child is a member of his or her family.
Further the age of the child has been differently defined in different laws. There is no a criterion
or scientific parameters for defining the age of the child. Thus laws leads to confusion and
uncertainty. The definition of children given under Child Labour (Prohibition and Regulation)
Act, 1986 is in contradiction with United Nations Convention on the Rights of the Child, 1989
and Juvenile Justice (Care and Protection of Children) Amendment Act, 2006. Article 24 of the
Constitution indirectly permits the child labour because Article 24 reads;
No child below the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment. By reading above Article 24 it is observed that
Constitution of India does not create an absolute bar to the employment of children below the
age of 14 years. Their employment is prohibited only in factory or mine or in any other
hazardous employment. Child below the age of fourteen years shall be employed to work in all
establishments other than factory or mine or hazardous employment.
Various laws and policies relating to child labour and child rights appear to work in isolation.
There is no nexus between each other. The right to education did not have direct bearing upon
the child labour law. Policy perspectives relating to children and childhood are confused. The
Right of Children to Free and Compulsory Education Act, 200916 intended to provide free and
compulsory education all the children of the age 6-14 years. But under Child Labour (Prohibition
and Regulation) Act, 1986 laying down that children below fourteen years can work in nonhazardous occupations and processes is a mockery in providing justice to the children.
The Chairperson of National Commission for Protection of Child Rights said The child labour
policy itself is flawed and existing child labour law was violating the fundamental right to
education. Thus there is a need to amend the Act to make it in consonance with the Right to
Education17. The definition of child labour needs to include children working in the farm-lands.
The National Policy on Children 1974 is now outdated. It should be more children oriented and
16 The Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)
received the Assent of the President on 26.8.2009 and came into force w.e.f.
1.4.2010 Sec. 2(c).
27
Rights based in order to be effective. The laws and policies now have to confirm to the
international standards laid down in the U.N. Convention on the Rights of the Child".
CRITICISM
Despite several feature widening the scope of this act, there have been certain short coming in
this act which can be enumerated as follows
The first and for most criticism of this act is that though it vociferously talks about
Hazardous Industries, it no were define what a Hazardous Industries is, thereby being
unable to resolve this problem to the fullest.
The second drawback is a very vicious and a highly challenging problem to counter for
the police and the government. This problem is somewhat problem like of money
laundering.
Just like in money laundering illegal money shown to be illegal, in the same way loop
holes are found in this act and use to the advantage of those people who try to find ways
and measures to counter the Government policies and thus exploits these children in
those very illegal activities under the garb of showing them legal.
The third drawback is related to educational measure for children. This act is not talked
about formal and non-formal method of education which gives the basic primary
education to the children who are working in the Hazardous Industries. Also this act not
talks about related to the rehabilitation for those children who rescued from the
prohibited places which are given in the Act.
AN ANALYSIS OF THE 2006 AMENDMENT TO THE CHILD LABOUR

(PROHIBITION AND REGULATION) ACT
The Child Labour (Prohibition and Regulation) Act, 1986 does not ban child labour per se, and
leaves the millions of child laborers in the domestic and unorganized sectors, outside its purview.
According to extremely conservative Governmental estimates, about 1, 85,595 children are
17 Kavita Chowdhary Rights Body Seeks Amendments To Ineffective Child Labour
Act Mail Today, 13, August 2008 cited in my name is Today Children in news
BUTTERFLES Vol.XVI, New Delhi, 2009, p.221.
28
estimated to be engaged in domestic work and roadside eateries, which have been refuted by the
statistics compiled by NGOs, which estimate the number at around 20 million18.
On August 01, 2006, the Government imposed a ban on employment of children as domestic
servants or servants in dhabas (road side eateries)19, restaurants, hotels, motels, teashops, resorts,
spas or in other recreational centers20. The ban has been imposed under the Child Labour
(Prohibition and Regulation) Act, 1986 on the recommendation of the Technical Advisory
Committee on Child Labour headed by the Director General, ICMR, and has become effective
from 10th October, and 2006.The Ministry of Labour has recently issued a notification to this
effect giving three-month mandatory notice. Employing children in these categories would make
the offender liable to prosecution, and may result in imprisonment up to two years and/or fine
shall not be less than Rs. 10,000 but may extend to Rs.20, 000.85
The Technical Advisory Committee while recommending a ban on employing children in these
occupations had said that although these occupations are not capable of being classified as per se
hazardous, there is a high risk that children may be subjected to physical violence, psychological
traumas, and at times, even sexual abuse. Such incidents being committed in the close confines
of the households or dhabas or restaurants, often go unnoticed and unreported.
Being kept out of the regulation mechanism inbuilt in the original 1986 Act, children employed
in these sectors are made to work for long hours and are made to undertake various hazardous
activities severely affecting their health and psyche. The Committee has said that the children
employed in road-side eateries and highway dhabas were the most vulnerable lot and were easy
prey to sex and drug abuse as they come in contact with all kinds of unscrupulous people. This
recent measure initiated by the Central Government takes care of a major criticism against the
1986 Act, and is expected to go a long way in ameliorating the condition of helpless working
children.
18 The Hindu, Ban on Domestic Child Labour came into Effect October 11, 2006.
19 Source: Government of India Census 2001
20 Press Information Bureau, Government of India, MLD/L.53 (Cpi-iw) 1.8.2006.
29
ABOLITION OF CHILD LABOUR BILL, 2006 - AN ANALYSIS

Despite prohibition imposed by the Constitution on employment of children below fourteen
years of age in any hazardous employment, millions of children are forced by their parents to
work in different establishments, which have not already been classified within the prohibited
sectors, including employment as domestic help.
Hence, the Abolition of Child Labour Bill, 2006 has been placed before the Parliament which
envisages a stricter regime, and includes sectors such as domestic work, agricultural operations,
construction activities, transport industry etc. The greatest merit of the new Bill is that, apart
from putting prohibitions on child labour, it also seeks to provide for their rehabilitation. Section
6 of the Bill has mandated that even if an employer employs a child, he should send him to
school, failing which he will be punished with imprisonment for a term which my extend to three
months and a fine of Rupees Ten Thousand. This provision while discouraging child labour,
indirectly points at a policy of rehabilitation of child labour, the proposed Act, lays down a
separate penalty for companies employing child labour.
In case a company employs a child for remuneration without sending him to school, the person
in charge of the company at that point of time, shall be held liable to be punished with
imprisonment which may extend to six months, or with fine which may vary between Rs.1 lakh
and Rs.5 lakhs. Moreover, the license of the company shall be liable to be cancelled, and the
company shall also be required to meet the educational and such other requirements of the child
as may be necessary for his development and education up to graduation level.
Section 7 says that if any child is found to be self-employed and he has no parents or guardians
to support him, he shall be immediately sent to a hostel for students by the Central Government
and all expenditure on this account shall be met by the Central Government. Thus, the Bill of
2006 has a definite policy towards rehabilitation of child labour, and is hence a welcome piece of
legislation.
From the above discussion, it is clear that the Government has taken cognizance of child labour
as a major social problem in India, and is taking a number of steps to eradicate it. Although
30
nothing can be predicted about the potential success of this legislative intent, it must be admitted
that the efforts are steps in the right direction. Unfortunately this bill is not yet passed.
A GLOBAL PERSPECTIVE
GLOBAL INTERNATIONAL DOCUMENTATION ON CHILDRENS
RIGHTS
DECLARATION OF THE RIGHTS OF THE CHILD 195921
The U.N. Declaration of the Rights of the Child (DRC) builds upon rights that had been set forth
in a League of Nations Declaration of 1924. The Preamble notes that children need special
safeguards and care, including appropriate legal protection, before as well as after birth,
21 The U.N. Declaration of the Rights of the Child comprises a Preamble and ten
principles. G.A. Res. 1386 (XIV), 14 U.N. GAOR Supp. (No. 16) at 19, U.N. Doc.
A/4354.
31
reiterates the 1924 Declarations pledge that mankind owes to the child the best it has to give,
and specifically calls upon voluntary organizations and local authorities to strive for the
observance of childrens rights.
One of the key principles in the DRC is that a child is to enjoy special protection as well as
opportunities and facilities, by law and by other means, for healthy and normal physical,
mental, moral, spiritual, and social development in conditions of freedom and dignity. The
paramount consideration in enacting laws for this purpose is the best interests of the child,
For a standard echoed throughout legal instruments on childrens rights. Among other DRC
principles, a child is entitled to a name and nationality; to adequate nutrition, housing, recreation,
and medical services; to an education; and, for the handicapped, to special treatment, education
and care.
MINIMUM AGE CONVENTION 197322

The aim of the Minimum Age Convention (MAC) is to establish a general instrument on the
subject of the minimum age of employment with a view to achieving the total abolition of child
labor (Preamble). Thus, each State Party is to pursue a national policy designed to ensure the
effective abolition of child labor and to raise progressively the minimum age for admission to
employment to a level consistent with the fullest physical and mental development of young
persons (article 1).
States Parties must specify a minimum age for admission to employment or work, subject to
certain exceptions set forth in the MAC. That minimum may not be less than the age of
completion of compulsory schooling and, in any case, less than fifteen years, but it may initially
be set at fourteen years if a states economy and educational facilities are insufficiently
22 The Minimum Age Convention, comprising a Preamble and 18 articles, was
adopted by the 58th Session of the General Conference of the International Labour
Organisation on June 26, 1973 , and entered into force on June 19, 1976; I.L.O. No.
138.
32
developed (article 2). Exceptions to the age limits may also be permitted for light work or for
such purposes as participation in artistic performances (articles 7 and 8). If the employment may
be hazardous to a young persons health, safety, or morals, the minimum age is generally not to
be less than eighteen years (article 3(1)).
U.N. CONVENTION ON THE RIGHTS OF THE CHILD 1989

The Convention on the Rights of the Child (CRC) is the most comprehensive document on the
rights of children. Based purely on the number of substantive rights it sets forth, as distinct from
implementation measures, it is the longest U.N. human rights treaty in force and unusual in that
it not only addresses the granting and implementation of rights in peacetime, but also the
treatment of children in situations of armed conflict.
The CRC is also significant because it enshrines, for the first time in binding international law,
the principles upon which adoption is based, viewed from the childs perspective.
The CRC is primarily concerned with four aspects of childrens rights (the four Ps):
participation by children in decisions affecting them; protection of children against
discrimination and all forms of neglect and exploitation; prevention of harm to them; and
provision of assistance to children for their basic needs. For the purposes of the CRC, a child is
defined as every human being below the age of eighteen years unless under the law applicable
to the child, majority is attained earlier (article 1).
Key accomplishments of the CRC have been described as five-fold. It creates new rights for
children under international law that previously had not existed, such as the childs right to
preserve his or her identity (articles 7 and 8), the rights of vulnerable children like refugees to
special protection (articles 20 and 22), and indigenous childrens right to practice their culture
(articles 8 and 30). In some instances, this innovation takes the form of child-specific versions of
existing rights, such as those in regard to freedom of expression (article 13) and the right to a fair
trial (article 40).
33
In addition, the CRC enshrines in a global treaty rights that hitherto had only been found in case
law under regional human rights treaties (e.g., childrens right to be heard in proceedings that
affect them) (article 12). The CRC also replaced non-binding recommendations with binding
standards (e.g., safeguards in adoption procedures and with regard to the rights of disabled
children) (articles 21 and 23). New obligations are imposed on States Parties in regard to the
protection of children, in such areas as banning traditional practices prejudicial to childrens
health and offering rehabilitative measures for victims of neglect, abuse, and exploitation
(articles 28(3) and 39).
Finally, the CRC sets forth an express ground obligating States Parties not to discriminate against
childrens enjoyment of CRC rights. The right to participate in proceedings, it is argued,
together with the principles of non-discrimination in Article 2 and provision for the childs best
interests in Article 3, form the guiding principles of the Convention, which reflect the vision of
respect and autonomy which the drafters wished to create for all children.
SPECIFIC PROVISIONS IN OTHER INTERNATIONAL AND REGIONAL

INSTRUMENTS
UNIVERSAL DECLARATION OF HUMAN RIGHTS 194823
The Universal Declaration of Human Rights contains two articles that specifically refer to
children. Article 25(2) states: motherhood and childhood are entitled to special care and
assistance. All children whether born in or out of wedlock shall enjoy the same social protection.
Article 26 calls for the right to education for all, and deals both with access to and the aims of
education. Thus, education is to be free, at least in the elementary and fundamental stages;
elementary education is to be compulsory; and education should be directed to the full
development of the human personality and to the strengthening of respect for human rights and
23 The Universal Declaration of Human Rights, with a Preamble and 30 articles, was
adopted by the U.N. General Assembly on December 10, 1948. G.A. Res. 217 A (III),
U.N. Doc. A/810 at 71 (Dec. 10, 1948).
34
fundamental freedoms. Nevertheless, parents have a prior right to choose the kind of education
that shall be given to their children.
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS 196624
The Preamble to the International Covenant on Economic, Social and Cultural Rights (ICESCR),
insofar as it recognizes the indivisibility of human rights, is applicable to childrens rights as
well. Thus, it notes that recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and peace in the
world and that these rights derive from the inherent dignity of the human person. Specific
references to children are found in articles 10 and 12.
Under article 10, the widest possible protection and assistance should be accorded to the family,
particularly for its establishment and while it is responsible for the care and education of
dependent children (item 1, in part).
It further stipulates that special measures of protection and assistance should be taken on
behalf of the young without any discrimination; that they should be protected from economic and
social exploitation; that employing them in morally or medically harmful or dangerous work or
in work likely to hamper their normal development should be punishable by law; and that age
limits should be set below which the paid employment of child labor is prohibited and
punishable by law (item 3).
Article 12 addresses the right of all to enjoyment of the highest attainable standard of physical
and mental health, to be fully realized by, among other measures, States Parties providing for
the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the
child (item 2(a)). The ICESCR also provides for the right of everyone to education (article
13(1)) and stipulates primary education shall be compulsory and available free to all (article
13(2a)).
24 The International Covenant on Economic, Social and Cultural Rights, with a
Preamble and 31 articles, was adopted by the U.N. General Assembly on December
16, 1996, and entered into force on January 3, 1976.
35
CHILD PROTECTION AND PLACEMENT AGREEMENTS

WORST FORMS OF CHILD LABOUR CONVENTION 199925
The Worst Forms of Child Labour Convention (WFCLC) refers in the Preamble to the need to
adopt new instruments for the prohibition and elimination of the worst forms of child labour, to
complement the Convention and the Recommendation Concerning Minimum Age for Admission
to Employment, 1973, which remain fundamental instruments on child labour.
For the purposes of the WFCLC, the term child applies to all persons under the age of eighteen
(article 2). The worst forms of child labour comprise:
a) All forms of slavery or practices similar to it, such as the sale and trafficking of children
and forced labor (including forced recruitment for armed conflict);
b) The use, procuring, or offering of a child for prostitution or for pornography or
pornographic performances;
c) The use, procuring, or offering of a child for illicit activities such as drug trafficking; and
d) Work that is likely to harm childrens health, safety, or morals (article 3). Each State
Party is to adopt measures to:
Prevent the engagement of children in the worst forms of child labor;
To provide direct assistance for the removal of children from such labor and for their
rehabilitation and social integration;
To ensure access to free basic education and, wherever possible and appropriate, to
vocational training for all children removed from the worst forms of child labor;
To identify and reach out to children at special risk; and
To take account of the special situation of girls (article 7(2)).
AN INTERNATIONAL PERSPECTIVE ON THE RIGHTS OF CHILDREN

While the U.S. Constitution protects the individual from abuses of the state, one may ask if the
international legal system can protect the individual when the machinery of domestic law fails
or even violates the person26. The U.S. Supreme Court has discussed the applicability of
25 The Worst Forms of Child Labour Convention, in a Preamble and 16 articles, was
adopted by the General Conference of the International Labour Organisation on June
17, 1999, and entered into force on November 19, 2000.
26 Christopher L. Blakesley, Edwin B. Firmage, Richard F. Scott, & Sharon A.
Williams, the International Legal System: Cases and Materials 640 (5th ed. 2001).
36
international law, and sometimes even the reasoning used by foreign states may be useful in
deciding domestic cases.
In recent Supreme Court opinions, Justices controversially chose to apply reasoning used in
global law and treaties, including the Convention on the Rights of the Child27, United Nations
Charter28, Universal Declaration of Human Rights29, and the International Covenant on Civil
and Political Rights30 in order to grasp the scope of human rights and the rights of children, as
well as how these rights are upheld and enforced abroad. In other countries, governments have
been less deferential to international principles because immigration regulation is considered
part of the public order, and it is believed that immigration should be monitored by domestic
codes, as opposed to international principles as communicated in treaties.
International, federal and state declarations define and defend universal human rights. Many
times, these different levels of authority have overlapping obligations to safeguard individual
rights. The decision by U.S. courts and officials to use non-American authorities to better
understand fundamental rights protected by the U.S. Constitution reflects a broader American
tradition of looking beyond purely American precedents to clarify the requirements of
international law. In addition to using doctrines of international law as both a means of
interpretation and an end to justify American rules of law, foreign law is also a tool that has been
increasingly used when dealing with domestic issues involving constitutional liberties.
THE PLACE OF INTERNATIONAL LAW IN A DOMESTIC CONTEXT

As a result of economic interdependence and the increased movement of people, American law
has faced questions of the applicability of international law. Including treaties and other forms of
customarily accepted principles of global law in domestic law has been an issue of controversy
27 Convention on the Rights of the Child, supra note 27.
28 Charter of the United Nations: Introductory Note, supra note 32.
29 United Nations, The Universal Declaration of Human Rights, supra note 33.
30 Christopher L. Blakesley, Edwin B. Firmage, Richard F. Scott, & Sharon A.
Williams, supra note 34.
37
because in many instances, international modes of thought have either greatly expanded the
rights guaranteed to Americans by the U.S. Constitution, or even contradicted the way in which
the American government upholds law in the states.
However, in Roper v. Simmons, the Supreme Court used a provision from the Convention on the
Rights of the Child to influence the determination that imposing the death penalty on a juvenile
convicted of a crime was unconstitutional. Roper sets the stage for the argument that
international law mechanisms may and perhaps should be used to justify remedies in support of
individual rights, particularly children.
In a five to four decision, Justice Kennedy used treaties as well as foreign law in his opinion to
affirm the notion that the Convention on the Rights of the Child should be examined in order to
interpret the rights of American juveniles, even though the U.S. is not a party to the treaty.
Significantly, the Roper Court looked to parallel provisions of similar treaties used in other
regions of the world as a basis of establishing an international understanding of the rights of
children.
THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD

The Convention on the Rights of the Child is an instrument of international law that was created
to recognize and protect the rights of all people under the age of eighteen around the world31. An
international perspective assists in delineating the ways in which the rights of children are upheld
in other parts of the world.
This convention provides a mode of thinking about childrens rights that has been adopted and
enforced by much of the international community. The Convention has been widely adopted, and
although the U.S. has signed the treaty, the U.S. is not a party to it32. This is significant because
despite the influence this treaty and its principles have around the world, the U.S. government
may be apprehensive to its notions.
31 Convention on the Rights of the Child, supra note 31.
38
For the purposes of the matter at issue, Article 18 of the Convention focuses on a point that the
federal government needs to address in terms of American children whose parents have been
deported. The provision states, in relevant part:
For the purpose of guaranteeing and promoting the rights set forth in the present Convention,
States Parties shall render appropriate assistance to parents and legal guardians in the
performance of their child-rearing responsibilities and shall ensure the development of
institutions, facilities and services for the care of children.
If the U.S. were a member of the Convention, the government would be obligated to assist
guardians with their child-rearing responsibilities. According to the provision and the
hypothetical posed, deported parents would have a right of access to institutions and services in
order to help care for and protect their children.
JUDICIAL DECISIONS AND CHILD

LABOUR
The response of the judiciary with regard to Child Labour in India is highly commendable. It has
in real sense brought a revolution in the field of child labour in India. It has always endeavored
to expand and develop the scope of law so as to respond to the hope and aspirations of the
framers of the Constitution as well as the people of India. Time and again, it has pronounced
glorious judgments for eliminating the problem of child labour in India.
32 The only remaining countries who have not yet ratified the Convention on the
Rights of the Child are the United States and Somalia. The United States did ratify
a later agreement, known as an Optional Protocol to the convention, aimed at
preventing the recruitment and use of child soldiers.
39
With regard to child labour in India, Justice Subba Rao, the former Chief Justice of India, rightly
remarked; Social justice must begin with the child. Unless a tender plant is properly nourished,
it has little chance of growing into strong and useful tree.
So, first priority in the scale of justice should be given to the welfare of children33. Supreme
Court has played an important Role to control the problem of child labour and has shown its
concern for child labour by bringing occupations or processes under the courts order by the
direct application of constitutional provisions.
Human Rights jurisprudence in India has a constitutional status and sweep; Article 21 of the
Constitution can be termed as Magna Carta of human rights. This Article guarantees right to
life and liberty to every human being. Right to life and liberty is a cherished and prized right
under the Constitution.
CASE STUDIES
Supreme Court replaced the liberal concept of Article 21 taken in Maneka Gandhi v. Union of
India34, and Francis Coralie Mullin v. Union Territory of Delhi35, held that Article 21 included
protection of health and strength of workers, men, women and tender age of children against
abuse. According to the court, the opportunities and facilities for children to develop in a healthy
manner and in conditions of freedom and dignity and educational facilities are included in
Article-1.
33 Social Justice and Law, Delhi: National Publishing House, 1974, p.4.
34 AIR, 1978, SC 597; 1978 ( I SCC 248)
35 (1981) I SCC p.608.
40
In Peoples Union for Democratic Rights v. Union of India36, commonly known as Asiad
workers case, it was brought to the notice of the Supreme Court that children below 14 years of
age employed in the construction work. It was held that construction work is clearly a hazardous
occupation and it is absolutely essential that the employment of children under the age of 14
years must be prohibited in every type of construction work.
Referring to Article 24, Justice P.N. Bhagavathi and Justice Bahrul have held that apart from
the requirement of International Labour Organization Convention No.59, we have Article 24 of
the Constitution which even if not followed up by the appropriate legislation, must operate
proprio vigore and construction work plainly and indubitably a hazardous employment, it is
clear that by a reason of constitutional prohibition no child below 14 years can be allowed to be
engaged in construction work. And specifically in Employment of Children Act, 1938, no child
below 14 years can be employed in construction work.
The Supreme Court observed that There can be no doubt that notwithstanding the absence of
specification of construction industry in the schedule to the Employment of Children Act, 1938,
no child below the age of 14 years can be employed in construction work and the Union as also
every State Government must ensure that the constitutional mandate is not violated in any part
of the country. The Judgment was eye an opener about the lacunae of the law and the need to
reform in order to be comprehensive.
In accordance with this judgment, the construction work has been added item No.7 as prohibited,
occupation in part A of Schedule to the Child Labour Act of 1986.
In Laborers, Salal Hydro Project v. State of Jammu and Kashmir37, Bhagavati J. with R.S.Pathak
and Amarendra Nath Sen JJ., delivered another valuable decision to protect the interest of large
number of child laborers working in the construction of Salal Hydro Project, a hazardous work.
The court was constrained to remark that the problem of child labour is a difficult problem and it
is purely an account of economic reasons that parents often want their children to be employed in
order to be able to make both ends meet. The court said that this is an economic problem and it
36 AIR 1982 SC 1473: (1982) 3.SCC 235; 1982 SCC ( L & S ) 275
37 (1983)2 SCC 181; AIR 1984 SC.177.
41
cannot be solved merely by legislation. So long as there is poverty and destitution in the country,
it will be difficult to eradicate child labour.
The Court conceded that having regard to the prevailing socio-economic conditions, it is not
possible to prohibit child labour altogether and in fact, any such move may not be socially or
economically acceptable to large masses of people. That is why Article 24 limits the prohibition
against employment of child labour only to factories, mines or other hazardous employments.
The Central Government was directed to persuade the workmen to send their children to a
nearby school and arrange not only for the school fees to be paid but also provide free of charge,
books and other facilities such as transportation etc.
The Court also suggested to the Central Government that whenever it undertakes a construction
project which is likely to last for some time it should provide that children of construction
workers who are living at or near the project site should be given facilities for schooling and this
may be done either by the Central Government itself or if the Central Government entrusts the
project work or any part thereof to a contractor, necessary provision to this effect may be made
in the contract with the contractor38.
With regard to child labour in Beedi Industry, in Rajangam, Secretary, Dist. Beedi Workers
Union v. State of Tamil Nadu and others39, with K.C. Chandra Segaram v. State of Tamil Nadu
and others, various allegations were made regarding failure to implement the provisions of the
labour laws, manipulation of records regarding employees, non-payment of appropriate dues for
work taken etc. Including the child labour and specifically the non-implementation of the Beedi
and Cigar Workers (Conditions of Employment) Act, 1966. To protect child labour, the Apex
Court suggested that tobacco manufacturing has indeed health hazards.
38 Sudesh Kumar Sharma, Child Labour: Problems and Prospects, (1999) Cochin
University Law Review, p.268.
39 AIR 1993 SC 404; 1993 Lab IC 4.
42
Child labour in this trade should therefore be prohibited as far as possible and employment of
child labour should be stopped either immediately or in a phased manner to be decided by the
State Government. The provisions of the Child Labour Act, 1986 should be strictly
implemented. The Court further admitted that the exploitation of labour is rampant in the beedi
trade and suggested that in view of the health hazard involved in the manufacturing process,
every worker including children, if employed, should be insured for a minimum amount of Rs.
50,000 and the premium should be paid by the employer.
In M.C. Mehta v. State of Tamil Nadu40 and others, Supreme Court allowed children to work in a
prohibited occupation like fireworks. Ranganath Mishra and M.H.Kania JJ. opined that the
provisions of Article 45 of Constitution in the Directive Principles of State policy still remained a
far cry and through according to this provision, all children up to the age of fourteen years are
supposed to be in the school, but economic necessity forces grown-up children to seek
employment. Children can, therefore, be employed in the process of packing of fireworks but
packing should be done in an area away from the place of manufacture to avoid exposure to
accident.It is a matter of surprise that the Supreme Court in this case allowed the children to be
employed in match factories of Sivakashi in Madras and said that, the children must be provided
basic diet during working period. This judgment is not in accordance with the constitutional
spirit.
Further Supreme Court in M.C. Mehta v. State of Tamil Nadu and others, popularly known as
Child Labour Abolition Case has held that the children below the age of 14 years cannot be
employed in any hazardous industry, mines or other work. It would be appropriate to quote brief
facts that, when news about an accident in one of the Shivakashi crackers factories was published
in the media, wherein several children reported dead, the Supreme Court took Suo motu
cognizance of it.
The Court gave certain directions regarding the payment of compensation. An Advocates
Committee was also constituted to visit the area and report on the various aspects of the matter41.
40 AIR 1997, SCC 283.
43
A three Judge Bench of the Supreme Court comprising Justice Kuldip Singh, Justice B.L.
Hansaria, and Justice S.B. Majumdar delivered a land mark Judgement on 10 December 1996 in
writ petition (Civil) No.465/1986. This Judgement is of considerable importance and is a
progressive advancement in public interest litigation and child jurisprudence. The decision has
attempted to tackle the problem of child labour.
M.C. Mehta, an environmentalist, lawyer, filed a writ under Article 32 of the Constitution of
India, as the fundamental right of children against exploitation (Article 24) was being grossly
violated in the match and fireworks industries in Sivakashi where children were employed. The
Court then noted that the manufacturing process of matches and fireworks is hazardous, giving
rise to accidents including fatal cases.
Therefore, keeping in view the provisions contained in Article 39(f) and 45 of the Constitution, it
gave directions as to how the quality of life of children employed in the factories could be
improved. The Judges further observed that it is a stark reality that in our country like many
others, children are exploited a lot.
Court had remarked that child labour is a big problem and has remained intractable even after
50 years of country having become independent, despite various legislative enactments
prohibiting employment of a child in a number of occupations and avocations.
The Court said employment of the child below 14 years was unconstitutional in diction and if it
had to be seen that all these children had a fundamental right for education, it seemed that the
least the Court ought to do was to see the fulfillment of the legislative intent behind the Child
Labour (Prohibition and Regulation) Act, 1986.
It was observed that every employer should be asked to pay a compensation for every child
employed in contravention of the provisions of the Act, a sum of Rs. 20,000; while the state shall
pay Rs.5, 000/- if it failed to provide alternative employment to the adult member of the childs
41 The Committee consisting of Shri R.K.Jain a Senior Advocate, Indira Jaisingh,

another senior advocate, and Shri K.C. Dua Advocate, submitted its Report on 11
November, 1991.
44
family. Both the amounts shall go to the Corpus Welfare Fund, the income from which would be
used for the education of laid off children and their welfare.
The judges made it clear that the liability of the employer to contribute Rs.20, 000/- for each
child to the Corpus Welfare Fund would not cease even if he would desire to discharge the child
currently employed. Since the income generated from the Corpus would not be enough to
dissuade the parents to seek employment of the child, the state owes a duty to come forward and
discharge its obligation by providing a job for one adult member of each of the childs family in
lieu of its job. However, the judges made it clear that they were not issuing any direction to the
state to provide the jobs to the adult members presently. Instead they were leaving the matter to
be sorted out by the government.
Factory inspectors were directed to see that the working hours of the child in non-hazardous
industries were not more than four to six hours a day and that the child receives education for at
least two hours a day and the entire cost of education is borne by the employer.
In the above said M.C. Mehta case42, with regard to Sec. 14 of the Child Labour (Prohibition and
Regulation) Act, 1986 to apprise the developing restitutive jurisprudence, the Supreme Court
observed Taking guidance there from, we are of the view that the offending employer must be
asked to pay compensation for every child employed in contravention of the provisions of the Act
a sum of Rs.20,000/- and the inspectors, whose appointment is visualized by section 17 to secure
compliance with provisions of the Act, should do this job.
The inspectors appointed under section 17 would see that for each child employed in violation of
the provisions of the Act, the concerned employer pays Rs. 20,000/- which sum could be
deposited in a fund to be known as Child Labour Rehabilitation-cum-Welfare Fund. The
liability of the employer would not cease even if he would desire to disengage the child presently
employed. Karnataka High Court in Hayat Khan v. Deputy Labour Commissioner, Regional
Office, Belgaum and others 109 observed, offending employer must be asked to pay
compensation of Rs.20, 000/- for every child employed in contravention of the Child Labour Act.
42 M.C Mehta v. State of Tamil Nadu and Other, (Child Labour Abolition Case) 6 SCC
756; 1997 SCC (L & R) 49; AIR 1997 SC 699.
45
In Sheela Barse v. Union of India43, it was held that child is a national asset, and it is the duty of
the state to look after the child with a view to assuring full development of its personality.
Judicial institutions have played a significant role not only for resolving disputes but also has
always endeavored to expand and develop the law so as to respond to the hopes and aspirations
of the people who are looking to the judiciary to give life and content to law.
With a view to safeguard the interest of bonded child laborer Supreme Court delivered a
judgment with important observation in a leading case in Bandhua Mukti Morcha v. Union of
India and others44. On behalf of the Court, Justice Bhagwati remarked that it is a problem which
needs urgent attention of the Government of India and the State Governments and when the
Directive Principles of State Policy have obligated the Central and State Government to take
steps and adopt measures for the purpose of ensuring social justice to the have-nots and the
handicapped. It is not right on the part of the concerned governments to shut their eyes to the
inhuman exploitation to which the bonded laborers are subjected.
It is therefore essential that which ever be the State Government it should, where there is bonded
labour, admit the existence of such bonded labour, and make all possible efforts to eradicate it.
By doing so, it will not only be performing a humanitarian function, but also discharging a
constitutional obligation and strengthening the foundations of participatory democracy in the
country.
Further, in the case of Neeraja Choudhary v. State of M.P45, the Court said that it is not enough
merely to identify and release bonded labourers, but it is equally, perhaps more important that,
after identification and release, they must be rehabilitated, because without rehabilitation, they
would be driven by poverty, helplessness and despair into serfdom once again.
Not only, that, the Bonded Labour System (Abolition) Act, 1976 has been enacted pursuant to
the Directive Principles of State Policy with a view to ensuring basic human dignity to the
bonded labourers and any failure of action on the part of the State Government in implementing
43 (1993) 4 SCC 204
44 AIR 1984 SC 802.
45 AIR 1984 SC 1099
46
the provisions of this legislation would be the clearest violation of Article 21, apart from Article
23 of the Constitution and, therefore the Apex Court directed the State Government to provide
rehabilitative assistance to these freed bonded labourers within one month from the date of
giving the decision. Because freedom from bondage without effective rehabilitation after such
freedom will indeed be of no consequence and in the absence of proper arrangement for such
rehabilitation being made, the entire purpose of the Act, will be frustrated
The observation made by the Supreme Court in another judgment in Bandhua Mukti Morcha v.
Union of India and others (II)46, a public interest litigation was filed alleging employment of
children aged below 14 in the Carpet Industry in the State of Uttar Pradesh. Reports of a
Commissioner/Committee appointed by the Supreme Court confirmed forced employment of a
large number of children, mostly belonging to SCs and STs and brought from Bihar, in carpet
weaving centers in the State. It was held by the Court that the State is obliged to render socioeconomic justice to the child and provide facilitates and opportunities for proper development of
his personality.
It was observed by the Court that, The child of today cannot develop to be a responsible and
productive member of tomorrows society unless an environment which is conducive to his social
and physical health is assured to him. Neglecting children means loss to society as a whole. If
children are deprived of their childhood-socially, economically, physically and mentally- the
nation gets deprived of the potential human resources for social progress, economic
empowerment and peace and order, social stability and good citizenry.
The founding fathers of the Constitution, therefore, have emphasized the importance of the role
of the child and the needs for its best development and projected the rights in the Directive
Principles including the children as beneficiaries. Their deprivation has a deleterious effect on
the efficacy of democracy and the rule of law.
The Supreme Court of India in Rosy Jacob v. Jacob A, Chakramakkal, observed that The
children are not mere chattels; nor are they mere play things for their parents. Absolute rights of
parents over the destinies and the lives of their children has in the modern changed social
46 (1997) 10 SCC 549.
47
conditions, yielded to the considerations of their welfare as human beings so that they may grow
up in a normal balanced manner to be useful members of the society
With regard to the payment of wages to the child worker, the Child Labour Act is silent.
Notifying under the Minimum Wages Act, 1948, some states have required payment to child
workers, 60% of the wages payable to adults47. Consequently this policy encourages prospective
employer to employ child labour than an adult. The Karnataka High Court analyzing this policy
in A Srirama Babu v. Chief Secretary, Government of Karnataka48, has observed, This needs a
re-look and an abolition of such difference would certainly go a long way in increasing
employment potential for grown up and dissuade the employer from employing child labour. So
it is essential that the state should step in to retard the trend to employ child labour.
In M.C. Mehta and Bandhua Mukti Morcha cases, Supreme Court, of course, delivered land
mark judgments but while observing both the judgments it appears that full scale of abolition of
child labour of all types was not aimed. The court was conscious about practicality.
Supreme Court observed in Bandhua Mukti Morcha:
Total banishment of employment may drive the children into destitution and other mischievous
environment, making them vagrant, hard criminals and social risks etc. Therefore, while
exploitation of the child must be progressively banned, other simultaneous alternatives to the
child should be evolved including providing education, health care, nutrient food, shelter and
other means of livelihood with self-respect and dignity of person.
Immediate ban of child labour would be both unrealistic and counterproductive. Ban of
employment of children must begin from most hazardous and intolerable activities like slavery,
bonded labour, trafficking, prostitution, pornography and dangerous forms of labour and the
like49.
47 P.Iswara Bhat, Law and Social Transformation, 1st edn, Lucknow: Eastern Book
Company, 2009, p.619.
48 ILR 1997 Kar. 2269.
49 (1997) 10 SCC 549.
48
The idea of total prohibition of child labour was not endorsed by the conference of State Labour
Ministers also in 1997 on the ground that this objective had to be realized progressively and
could not be effected overnight. They agreed about the urgency of providing free, compulsory
and universal primary education.
The High Court of Karnataka in A Srirama Babu Case50, looked to the issue of eradication of
child labour in sericulture industry, especially weaving of silk sarees, where children in the age
group of five to eight were engaged in huge numbers. While the schedule to Child Labour Act is
silent about this industry, the court enunciated the criterion of hazardous work. To be hazardous,
the work should be either inherently injurious to the children or the conditions of work are
harmful to their health.
The Court held that all employments which cripple the health of a child and which disable him
from being a healthy member of the society should be treated as a hazardous industry. It directed
the Commissioner of Labour to issue notices to the deviant establishments for appropriate action.
One shocking disclosure made by the Court is with regard to improper use by the State
Administration of funds released by the Central Government.
JUDICIAL RESPONSE TO CHILD LABOUR AND RIGHT TO

EDUCATION
Education develops the human personality. A right to education is indispensable in the
interpretation of a development as a human rights51 this right to development is also considered
50 A Sriram Babu v. Chief Secretary, Govt of Karnataka, ILR (1997) Kar, 2269.
51 Leyla Sahin V. Turkey, decided by the European Court of Human Rights on 10th
Nov.2005.
49
basic human right52.Education of children is an important right of a child. Education is critical for
economic and social development53.It is crucial for building human capabilities and for opening
opportunities.
The social benefits of education spread in many directions. Education leads to better health care,
smaller family norms, greater community and political participation, less income inequality and a
greater reduction of absolute poverty54.The abolition of child labour must be preceded by the
introduction of compulsory education, since compulsory education and child labour laws are
interlinked. Article 24 of the Constitution bars employment of child below the age of 14 years55
Article 45 is supplementary to Article 24 for if the child is not to be employed below the age of
14 years he must be kept occupied in some educational institution. Now Article 45 is amended.
Importance of Education
In J.P. Unnikrishnan v. State of Andhra Pradesh56 Supreme Court while dealing with education as
a fundamental right has emphasized the importance of education by stating that; The
fundamental purpose of education is the same at all times and in all places; it is to transfigure
the human personality into a pattern of perfection through a synthetic process of the
development of the body, the enrichment of the mind, the sublimation of the emotion and the
illumination of the spirit.
Education is a preparation for a living and for life, here and hereafter. Further an old Sanskrit
adage states; That is education which leads to liberation liberation from ignorance, which
52 Election Commission of India. St. Marys School 2007 AIR SCW 7761.
53 Earl Warren, C.J. in Brown v. Board of Education ( 1953)
54 165th Report of the Law Commission of India on Free and Compulsory Education
for Children 1998.p.3
55 Article 24 of Constitution : No child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in any other hazardous
employment
56 AIR 1993 SC 2178, 1993 AIR SCW 863; (1993) I SCC 645, JT 1993(I) SC 474.
50
shrouds the mind, liberation from superstition, which paralyses effort, liberation from prejudices
which blind the Vision of the Truth. Education is enlightenment. It is the one that lends dignity to
a man as was held in University of Delhi v. Ramnath57, The Supreme Court held that Education
seeks to build up the personality of the pupil by assisting his physical, intellectual, moral and
emotional development.
In P.A. Inamdar v. State of Maharashtra58, Supreme Court observed that; Education is Continued
growth of personality, steady development of character, and the qualitative improvement of life.
A trained mind has the capacity to draw spiritual nourishment from every experience, be it defeat
or victory, sorrow or joy. Education is training the mind and not stuffing the brain.
Swamy Vivekananda has quoted We want that education by which character is formed, strength
of mind is increased, and the intellect is expanded, and by which one can stand on ones own
feet. The end and aim of all education, all training should be man-making. The end and aim of
the training is to make the man grow. The training by which the current and expression of will
are brought under control and become fruitful is called education.
Planning Commission of India stated that59 education is an important input both for the growth
of the society as well as for the individual. Properly planned educational input can contribute to
increase in the Gross National products, cultural richness, built positive attitude towards
technology and increase efficiency and effectiveness of the governance. Education opens new
horizons for an individual, provides new aspirations and develops new values. It strengthens
competencies and develops commitment. Education generates in an individual a critical outlook
on social and political realities and sharpness the ability to self-examination, self-monitoring
and self-criticism.
The term Knowledge Society, Information Society and Learning Society have now become
familiar expressions in the educational parlance, communicating emerging global trends with far57 AIR 1963 SC 1873 at p.1874.
58 AIR 2005 SC 3226; (2005) 6 SCC 537; 2005(5)SC 544; AIR 2005SC at p.3254 also
see External Values for a changing society, Vol III Education for Human Excellence,
Bharatiya Vidya Bhavan, Bombay, p.19
59 India-Vision 2020 Published by Planning Commission of India at p.250.
51
reaching implications for growth and development of any society. These are not to be seen as
mere clich or fade but words that are pregnant with unimaginable potentialities. Information
revolution, information technologies and knowledge industries, constitute important dimensions
of an information society and contribute effectively to the growth of a knowledge society.
Alwin Toffler (1980) has advanced the idea that power at the dawn of civilization resided in the
muscle. Power then got associated with money and in 20th century it shifted its focus to
mind. Thus, the shift from physical power to wealth power to mind power is an evolution in the
shifting foundations of economy. This shift supports the observation of Francis Bacon who said
knowledge itself is power; stressing the same point and upholding the supremacy of mind
power, in his characteristics expression, Winston Churchill said, The Empire of the future shall
be empire of the mind. Thus, he corroborated Bacon and professed the emergence of the
knowledge society.
It could be seen that several international documents have recognized the right to education as a
human right60.The process of moulding the right to education as a fundamental right was
triggered off by Mohini Jains case61 and subsequently strengthened by Unni Krishnas case62
which ruled that right to education is a fundamental right that flows from the Right to life in
Article 21 of the Constitution.
Every child/citizen has a right to free education up to the age of 14 years thereafter the right
would be subject to the limits of the economic capacity of the state. This decision was upheld
and confirmed by the 11 Judge constitutional bench of the Supreme Court in TMA Pai
Foundation v. Union of India63.In the year 2002, the Indian Constitution through its 86th
Amendment Act, has made Right to Education a Fundamental Right64.The State is obliged to
60 Various International authorities provides for Right to Education; Art. 26
Universal Declaration of Human Rights.
61 Mohini Jain v. State of Karnataka, AIR 1992, SC 1858.
62 J.P.Unnikrishnan v. State of A.P., AIR 1993, SC 2178.
63 AIR 1996, SC 2652.
64 Article 21-A of Constitution
52
duty bound to provide free and compulsory education to all children of age 6-14 years in such
manner as the state may by law determine.
It was also provided that, it is the fundamental duty of a parent or guardian to provide
opportunities for education to his child between the ages of 6 to 14 years.65In pursuance of this
development in the field of education recognizing it as fundamental right, the Parliament has
enacted the Right of Children to Free and Compulsory Education Act, 200966 which provides for
free and compulsory education to all the children of the age of 6 to 14 years.
Chief components of the enactment were;
i.
ii.
iii.
Adding Article 21-A in Part III (Fundamental Right);

Modifying Article 45; and
Adding a new clause, Under Article 51-A (Fundamental Duties) making the parent or
guardian responsible for providing opportunities for education to their children between 6
and 14 years.
65 Amendment of Article 51-A of the Constitution by inserting clause (K) by

Constitution (86th Amendment) Act, 2002, Sec. 4.
66 (Central Act, No.35 of 2009) received the Assent of the President on 26th August
2009, came in to force w.e.f.1.4.2010.
53
CONCLUSION
India is against child labour. The vision of any nation is made through its children and they are
the hands by which we take hold of heaven. But instead of using these hands to hold the heaven,
we are engaging them to toil at hell. In the name of learning the family craft in our occupation
based caste system, we are taking away their childhood, happiness, joy, play, education,
affection, independence, emotion and most important is their child rights. In todays seller-buyer
market system these children are now considered as a cheap article of trade. Poverty is the prime
cause though different multiple factors are responsible for this evil practice. Parents are unable to
realize the importance of education in their childrens life. This is the reason for which they do
not send their kids to schools and treat them as helping hands to supplement the family income.
These hordes of dirty as described by Charles Dickens in his famous book Oliver Twist are
now prime concern of the societies, governments and academia. Conventions were ratified, laws
were enacted and institutional mechanisms were created for their welfare, protection,
rehabilitation and education. Governments actions for eradication of this social evil and different
mile stones achieved in this direction are the prime theme of this article.
National Child Labour Project (NCLP) is a government sponsored scheme meant for such
Children who were living an adult like life in childhood. Special schools were opened under the
scheme where working children were enrolled, provided with education, nutritive food, monthly
stipend, health care facilities and marketable vocational skill and finally after three years
mainstreamed into the regular schools. These special schools act like a bridge for such children
which make them students from labours, give them education from exploitation and admit them
in a school instead of engaging at a workplace.
Inspite of several legislative measures by enactment of statutory provisions to curb employment
of children in hazardous employment and those injurious to health, the exploitation of children
by different profit makers for their personal gains continued unabated in utter disregard of
constitutional injunction and statutory prohibition.
54
From the analysis of the relevant statutory provisions of the Indian laws relating to child labour,
it has become abundantly clear that the statutes vary as to the age limit of a child employed or
permitted to work in various occupations. There is no law fixing minimum age for employment
of children in agriculture. The Factories Act, 1948, fixes minimum age of 14 whereas the
International Labour Organization Convention prescribes minimum age for any employment to
be 15. In the case of plantations, the age of employment has been fixed at 12 years but in the case
of non-industrial employment the minimum age varies from 12 to 14 years.
Thus, Indian Laws relating to child labour are deficient from the international standards as laid
down by the International Labour Organization but even then they can be considered satisfactory
in view of the prevalent economic conditions of the country. There are plethora of statutes67 to
prevent the misuse of children in hazardous employment and to protect the general rights of the
children. But sociological studies have revealed either the ineffective nature of these laws or their
blatant violations.
Inspite of these legislative enactments and the pro-active role played by various agencies, child
labour continues to be a major problem. A large number of children are exploited and deprived of
what is due to them. Ironically total laxity prevails the enforcement of the provisions with not
much evidence of conviction.
The complete Abolition of child labour and proper regulation thereof in accordance with the
statutory provisions should be the cherished and prime objective of a civilized society. It is also
pertinent to state that the Judiciary played a significant role in protection of child labors. Many
path breaking judgments of the Supreme Court have done a great deal by expanding the human
rights doctrine. It would not be out of place to mention the historic judgment of the Supreme
Court on December, 10, 1996 banning child labour in non-hazardous industries. The judgment
specified the hazardous and the most dangerous occupations from where child labour should be
eliminated. Penalty to the employer at Rs.20, 000/- per child be paid and a corpus to be found
through the amount so collected. This was to be spent on education and rehabilitation of the
children.
67 The Children Act, 1960, Juvenile Justice Act, 1986, the Child Labour (Prohibition
and Regulation) Act. 1986 etc.
55
The court also ordered that the working hours of a child labour should not exceed 4-6 hours a
day and not less than 2 hours a day should be set aside for the childs education. The
responsibility for imparting this education is that of the employer. Judiciary in India played a
very significant role in promoting child welfare. It has taken the lead to save the child from
exploitation and improve their conditions. Judicial mandate clearly demonstrates that right to
education is necessary for the proper flowering of the children and their personality.
Thus the judiciary has always made concrete efforts to safeguard them against the exploitative
tendencies of their employers, by regularizing their working hours, fixing their wages, laying
down rules about their health and medical facilities. The judiciary has even directed the states
that it is their duty to create an environment where the child workers can have opportunities to
grow and develop in a healthy manner with full dignity in consensus of the mandate of our
constitution.
From the foregoing survey of cases on child labour it may be said that the Supreme Court has
taken a conciliatory position of the problem and has accepted the inevitability of child labour in
our country. In none of the cases brought before it, has the court called for an immediate ban of
child labour. The initiative shown by the court in Asiad case prohibiting child labour from
construction work even when no law provided for the same, has not been seen in the succeeding
cases, be it the M.C Mehta cases or the other cases.
Being convinced that poverty is the only cause for the continuance of child labour the court has
only advocated amelioration of the working conditions of children rather than abolition of child
labour. The directions of the court for the creation of welfare fund and the compulsory insurance
scheme to be financed by the employers have to be seen for furthering that end. Once the poverty
of parents is taken care of the problem of child labour will automatically come down is too
simplistic a solution to the complex problem The courts permitting the children to be employed
in hazardous industries like the match works factories, provided the process in which the
children are employed is not hazardous, is both against the constitutional and legislative intent.
First of all, neither the Constitution nor the Child Labour Act defines what is hazardous. So much
so that the Child Labour Act does not even mention the word hazardous in any of its provisions.
It only presumes that whatever is mentioned in the Schedule of the Act is hazardous for children.
56
Therefore, by not defining the word and confining it to those mentioned in the schedule, the Act
has already narrowed down the meaning of the word hazardous as regards child employment.
And the court's further fine distinction that children can be employed in hazardous employment
provided the process involved is not hazardous has only further narrowed down this concept.
Definitely, this kind of interpretation by the court would not further the cause of child labour as it
is very easy for the employer to take the plea that the child was working only in non-hazardous
process even when he is being employed in hazardous employment.
Even after identifying the loopholes in the Child Labour Act, the court's unwillingness to direct
the state to plug the same is difficult to fathom. Thus, it does not seem that the intervention of the
court has made any dent in the employment of children in hazardous industries. Perhaps it has
only become worse since their employment now is underground and disguised being home based
where no labour law applies.
Now that the Constitution has been amended and education has been made a fundamental right
of every child, it is hoped that the court will in an appropriate case take a firm stand and direct
the state to implement the right to education of every child and compel the state to provide
quality education so that the children are seen in the class rooms rather than in factories. As per
the latest case filed in the court, the opportunity has already been provided to the court. It is
hoped that the court will rise to the occasion.
Child labour is an international evil. It requires cumulative efforts to wipe it out. Toiling long
hours for a pittance, these little breadwinners accept exploitation as a way of life. The
government on this front has also taken a few steps. But the major determinant of child labour is
poverty. Even though children are paid less than adults, whatever income they earn is of benefit
to poor families.
In addition to poverty, the lack of adequate and accessible sources of credit forces poor parents to
engage their children in the harsher form of child labour -- bonded child labour. Some parents
also feel that a formal education is not beneficial, and that children learn work skills through
labour at a young age. These views are narrow and do not take the long term developmental
benefits of education into account. Another determinant is access to education. In some areas,
education is not affordable, or is found to be inadequate. With no other alternatives, children
spend their time working.
57
The Constitution of India clearly states that child labour is wrong and that measures should be
taken to end it. The government of India has implemented the Child Labour Act in 1986 that
outlaws child labour in certain areas and sets the minimum age of employment at fourteen. This
Act falls short of making all child labour illegal, and fails to meet the ILO guideline concerning
the minimum age of employment set at fifteen years of age.
The International Labour Organization (ILO) launched the International Programme for
Elimination of Child Labours in 1991 and India was the first to join the same in 1992. But still
the problem persists due to poor implementation of the plans and programmes. Though policies
are in place that could potentially reduce the incidence of child labour, enforcement is a problem.
If child labour is to be eradicated in India, the government and those responsible for enforcement
need to start doing their jobs. Policies can and will be developed concerning child labour, but
without enforcement they are all useless.
The state of education in India also needs to be improved. High illiteracy and dropout rates are
reflective of the inadequacy of the educational system. Poverty plays a role in the ineffectiveness
of the educational system. Dropout rates are high because children are forced to work in order to
support their families. The attitudes of the people also contribute to the lack of enrollment -parents feel that work develops skills that can be used to earn an income, while education does
not help in this matter.
Compulsory education may help in regard to these attitudes. The examples of Sri Lanka and
Kerala show that compulsory education has worked in those areas. There are differences between
Sri Lanka, Kerala and the rest of India. What types of social welfare structures do these places
have? What are the attitudes of the people? Is there some other reason why the labour market for
child laborers is poor in these areas? These are some questions that need to be answered before
applying the concept of compulsory education to India? India is making progress in terms of
educational policy. The DPEP has been implemented only four years ago, and so results are not
apparent at this time. Hopefully the future will show that this program has made progress
towards universal education, and eradicating child labour.
Child labour cannot be eliminated by focusing on one determinant, for example education, or by
brute enforcement of child labour laws. The government of India must ensure that the needs of
the poor are filled before attacking child labour. If poverty is addressed, the need for child labour
58
will automatically diminish. No matter how hard India tries, child labour always will exist until
the need for it is removed. The development of India as a nation is being hampered by child
labour. Children are growing up illiterate because they have been working and not attending
school. A cycle of poverty is formed and the need for child labour is reborn after every
generation. India needs to address the situation by tackling the underlying causes of child labour
through governmental policies and the enforcement of these policies. Only then will India
succeed in the fight against child labour.
The need of the hour is to expand the machinery for enforcing the various laws on child labour.
There is a plethora of laws but nothing can eradicate child labour unless there is awareness
among parents and children, which will go a long way in saving the future of millions of working
children in India. Child labour is a significant problem in India. The prevalence of it is shown by
the child work participation rates which are higher in Indian than in other developing countries.
59
RECOMMENDATION AND
SUGGESTION
The in depth study of the foregoing chapters rightly reflects that children are the base-pillars of
the civilized society. They are the important assets of any nation and their welfare is an index of
the Nations prosperity. It is therefore, our duty to protect these tender flowers from the vagaries
of nature, such as an excessive exposure to heat, cold and rain as from human exploitation.
Justice Suba Rao has rightly opined that social justice must begin with children.
Unless tender plant is properly nourished, it has little chance to grow into a strong and useful
tree. So first priority in the scale of social justice shall be given to the welfare of children. There
are no two opinions that children are the future of the nation and thus they should be given
adequate opportunity and facilities for developing themselves into a good citizen. However, this
growth depends upon the support and attention he receives from the society.
As distinguished from adults, children are peculiarity susceptible to certain harms. They cannot
raise their voice against those who injure them or deprive of their rights. In these circumstances
it is a dire necessity to give them proper attention so that their capacity to grow but does not
dwarf. They are the most crucial human resources because of the pace of tomorrows
development depends upon the quality of children we bring up today.
60
ARE MAKING LAWS ENOUGH TO PREVENT CHILD LABOUR?

Obviously not. Though the United Nations has already created a large number of international
conventions, setting legal standards to prohibit the exploitation of child labour, the problem
remains widespread. After all, laws mean very little if they are not enforced. Besides, specific
measures attacking child labour must be taken at the national level.
According to the ILO, national strategies to address child labour issues should, at minimum,
encompass the following five elements:
1. National plan of action: Single action or isolated measures against child labour will not
have a lasting impact. Actions must be part of an overall national plan.
2. Research: To develop effective national (and international) policies and programmes,
extensive research must be undertaken to determine the state of child labour.
3. Awareness: Child labour is often viewed as an unavoidable consequence of poverty.
Without greater awareness about the extent and exploitative nature of child labour, the
conditions for change will not occur.
4. Broad social alliance: Government action against child labour often ends with making
laws. Initiatives against child labour traditionally come from non-governmental
organizations that have limited resources. Both need to work together. Other segments of
civil society the media, educators, artists and parliamentarians should also be
enlisted in the fight.
5. Institutional capacity: To formulate and execute a national policy, an institutional
mechanism (such as a ministry or a department) within the Government must be created
to monitor enforcement.
61
SIGNS OF PROGRESS
1. LEGAL FRAMEWORK: With over 20 international treaties against child labour in place,
the world now has a legal framework. What is needed is its implementation at the
national level.
2. INTERNATIONAL ACTION: ILO created the International Programme for the
Elimination of Child Labour (IPEC) in 1992. It works towards eliminating child labour
by helping developing countries strengthen their capacity to deal with the problem and
create their own national action plans. So far it has helped implement more than 1,100
programmes in some 20 countries
3. JOINING HANDS: The United Nations wants to bring Governments, factory owners and
international donors together to work against child labour. Such initiatives as one
between ILO, UNICEF and the Bangladesh Garment Manufacturers and Exporters
Association were undertaken to remove under age workers from 2,000 garment factories,
place them in school and provide family income supplements. UNICEF also pioneered a
policy of not buying any products made by child labour in their operations. Some
Governments have followed this example.
4. INTERNATIONAL SOLIDARITY: Children, youth, concerned citizens and government
leaders in Asia, Africa, Europe, and North and South America in 1998 took part in a
march against child labour. The march travelled through 56 countries, gathered supporters
and raised greater awareness, putting new pressure on Governments to ratify conventions
on child rights. (Seehttp://www.globalmarch.org)
5. STUDENT ADVOCACY: More and more students are getting involved, raising funds to
build schools and treatment centers for child workers. For example, Free the Children, a
Canadian-based student organization advocating the elimination of child labour, formed
by then-13-year- old activist, Craig Kiel Berger, has raised funds to build schools in
South Asia (http://www.freethechildren.org).
The Kids Campaign to Build a School for Iqbal, a Massachusetts-based grass-roots
student campaign initiated by a school in the United States, has drawn worldwide support
to build a school for Pakistani children of bonded labour in honor of Iqbal Masih
(www.digitalrag.com/iqbal/index.html).
6. CORPORATE RESPONSIBILITY: Growing concern has been shown by corporations to
address this issue and develop corporate codes of conduct to reduce their numbers of
under-age employees or provide work to other members of the family or schooling to
62
supplement work. For example, all major soccer ball manufacturers have developed a
voluntary programme to eliminate use of children under 14 in factories in Sialkot,
Pakistan, where 75 per cent of the worlds hand-stitched soccer balls are produced.
Supported by ILO, UNICEF and Pakistani manufacturers, a programme was launched to
provide schooling for these child workers and instead give their jobs to other family
members. In addition, many clothing manufacturers now hire outside companies to
inspect working conditions in their factories. While some companies fund their
investigators directly, others have agreed to independent monitors from human rights
offices not employed by the corporations.
7. ADVOCACY BY TRADE UNIONS: In Brazil, trade unions in cooperation with IPEC
have managed to secure child labour clauses in contracts with employers in over 88
municipalities in over eight federal states.
In addition, employers have signed pledges to eliminate child labour from production
chains of the charcoal, citrus and footwear sectors. Trade unions help by monitoring
working conditions, denouncing abuses and reaching large numbers of adult members
through education programmes, collective bargaining and campaigning for policy change
at all levels.
8. ANTI-SWEATSHOP MOVEMENT: Campaign by labour rights groups has helped
improve working conditions in sweat shops. In several instances, multinational
companies now put pressure on their contractors to ban or reduce child labour.
WHAT ARE THE AREAS NEEDING ATTENTION?

UNICEF recommends the following:
1. Immediately end hazardous and exploitative child labour including bonded labour,
commercial sexual exploitation and work that hampers the child's development.
63
2. Provide free and compulsory education, ensuring that children attend primary education
full time until completion.
3. Expand legal protection, ensure consistency and implementation in mutually supportive
ways.
4. Register all children at birth, in order to protect the child's right to have evidence of the
childs age.
5. Extend data collection and monitoring gather and analyses globally comparable child
labour data.
Develop codes of conduct and procurement policies Corporations should adopt codes of
conduct guaranteeing that neither they nor their subcontractors will employ children in
conditions that violate their rights and then abide by those codes.
BIBLOGRAPHY
1. STATUES REFFERED
THE CONSTITUTION OF INDIA, UNIVERSAL LAW PUBLISHING.
64
2. BOOKS REFERRED
DR. J.N. PANDEY, THE CONSTITUTIONAL LAW OF INDIA, 50TH EDITION,
CENTRAL LAW AGENCY.

MERRIAM-WEBSTER'S DICTIONARY OF LAW AND COLLINS ENGLISH
DICTIONARY.
THE END OF CHILD LABOUR: WITHIN REACH; INTERNATIONAL LABOUR
CONFERENCE 95TH SESSION 2006 REPORT I (B).

BEST PRACTICES IN PREVENTING AND ELIMINATING CHILD LABOR
THROUGH EDUCATION DRAWN FROM THE GLOBAL CIRCLE PROJECT;
PRINTER BROCKINGTON COMPANY, INC., LITTLE ROCK, AR.

3. SITES REFFERED
http://www.wikipedia.org/ (Wikipedia)
http://www.lawteacher.net/ (Law Teacher)
http://www.unicef.org/ (UNICEF)
https://www.un.org/ (UNITED NATION)
http://endchildlabor.org/ (INTERNATION INITIATIVE TO END CHILD
LABOUR)
http://www.ilo.org/ (INTERNATIONAL LABOUR ORGANIZATION)
65

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RIGHTS OF CHILD AND PREVENTION OF CHILD LABOUR

SUBMITTED BY: MOHAMMAD IRFAN

LABOUR (PROHIBITION AND REGULATION) ACT

5. JUDICIAL DECISIONS AND CHILD LABOUR

1 Stephen R. Arnott, Family Law: Autonomy, Standing, and Childrens Rights, 33

Right to Survival - to life, health, nutrition, name, nationality

STATUS OF CHILDREN IN INDIA

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS

FACTS AND FIGURES

EXAMPLES OF UNICEF IN ACTION

WHAT IS CHILD LABOUR?

WHO IS A CHILD LABOURER?

CAUSES OF CHILD LABOUR

CHILD LABOUR INCIDENTS

4 International Labour Organization (ILO) suggests poverty is the greatest single

INDIAN STATUTORY PROVISIONS

THE EMPLOYMENT OF CHILDREN ACT, 1938

FACTORIES ACT, 1948

THE MINIMUM WAGES ACT, 1948

Three consumption units for one earner;

Housing scheme; and

b) in the case of a child, four and half hours; and

THE PLANTATION OF LABOUR ACT, 1951

11 The Plantation of Labour Act, 1951, Sec. 1(2)

THE MINES ACT, 1952

proper supervision, in a mine by the manager, provided that in case of trainees

BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT)

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

SIGNIFICANT PROVISIONS OF THE CHILD LABOUR (PROHIBITION

PENALTIES UNDER THE CHILD LABOUR ACT

AN ANALYSIS OF THE 2006 AMENDMENT TO THE CHILD LABOUR

ABOLITION OF CHILD LABOUR BILL, 2006 - AN ANALYSIS

MINIMUM AGE CONVENTION 197322

U.N. CONVENTION ON THE RIGHTS OF THE CHILD 1989

SPECIFIC PROVISIONS IN OTHER INTERNATIONAL AND REGIONAL

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

CHILD PROTECTION AND PLACEMENT AGREEMENTS

AN INTERNATIONAL PERSPECTIVE ON THE RIGHTS OF CHILDREN

THE PLACE OF INTERNATIONAL LAW IN A DOMESTIC CONTEXT

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD

31 Convention on the Rights of the Child, supra note 31.

JUDICIAL DECISIONS AND CHILD

40 AIR 1997, SCC 283.

41 The Committee consisting of Shri R.K.Jain a Senior Advocate, Indira Jaisingh,

46 (1997) 10 SCC 549.

JUDICIAL RESPONSE TO CHILD LABOUR AND RIGHT TO

Adding Article 21-A in Part III (Fundamental Right);

65 Amendment of Article 51-A of the Constitution by inserting clause (K) by

ARE MAKING LAWS ENOUGH TO PREVENT CHILD LABOUR?

WHAT ARE THE AREAS NEEDING ATTENTION?

CENTRAL LAW AGENCY.

CONFERENCE 95TH SESSION 2006 REPORT I (B).

PRINTER BROCKINGTON COMPANY, INC., LITTLE ROCK, AR.

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