The best gift that humanity can provide is a child, yet childhood is a vulnerable time in a person’s development since it contains the seeds for any society’s future growth. Wordsworth remarked, “The child is a father of man.” A child is typically defined as an individual who is under the age of fourteen, has lower levels of development, is immature, unable to comprehend the repercussions of their actions, and is unaware of their rights. The next generation of civilization is the child. Every youngster has the right to cherish his formative years.
Thus, there is a distinction between child labor and child work, and it aids in the transmission of conventional abilities from one generation to subsequent ones.
child labour in india
- One of the most important pieces of law and the child labour act in India for protecting children’s rights and welfare is the child labour (prohibition and regulation) act, 2016. This regulation, which was passed in an effort to stop the exploitation of kids, forbids hiring children younger than 14 for jobs that include risky tasks.
- Additionally, it establishes guidelines for teenagers between the ages of 14 and 18 to make sure their employment doesn’t impede their health and education.
- In an effort to end child labor and give young people a safe environment, the Act establishes severe penalties for offenders.
- It also highlights how crucial education and rehabilitation are for rescued child laborers in order to reintegrate them into society. The Act is a big step in protecting the rights and future of children in India because of its contents and implementation.
- In India, hiring minors under the age of 14 for any kind of job is seen as a crime that carries a potential 2-year jail penalty. However, there are some family-based jobs where children under the age of 14 are allowed to work.
- In addition, youngsters who are 14 to 18 years old are referred to as teenagers and are not permitted to work in any dangerous jobs. The Child Labour Amendment Bill of 2012 states that the parents of an underage employee are subject to the same criminal penalties.
child labour laws in india
- Factories Act of 1948
Children under the age of 14 are not allowed to work in factories, according to the mentioned Act. The Child Labour Law delineated the who, what, and how long minors between the ages of 15 and 18 were permitted to work in industries.
- Mines Act of 1952
This child labor regulation prohibits children under the age of eighteen from working in factories. It is strictly forbidden for minors to work in mines because they are among the riskiest jobs and have been linked to several deadly incidents that have claimed the lives of youngsters in the past.
- Right of Children to Free & Compulsory Education Act of 2009
This child labor regulation mandates that children under the age of six get free, obligatory education. Additionally, this law mandated that at least 25% of places in private schools be set aside for students who are physically challenged or belong to vulnerable groups.
punishment for child labour in india
- A person may face a jail sentence of six months to two years and/or a fine of Rs. 20,000 to Rs. 50,000 for employing a child under the age of fourteen or a youngster between the ages of fourteen and eighteen in a dangerous occupation or process.
- All other infractions (such as those pertaining to the upkeep of a register, work hours, and health and safety conditions) carry a maximum one-month jail sentence and/or a fine of Rs. 10,000. If the offender pays a specific amount of money, first-time offenses can be resolved.
child labour in india: Case Laws
- In the case of Sheela Barse v Secretary, Children Aid Society and Others, the Supreme Court ruled that the nation’s future will be dismal if today’s children don’t grow up in a healthy way. Every generation has a responsibility to raise the next generation of citizens in a morally upright manner.
- In the case of M. C. Mehta v State of Tamil Nadu, children are not permitted to labor in occupations that are outlawed by the Supreme Court. The justices stated that Article 45 of the DPSP has remained a far cry, and under this provision, all children up to the age of 14 are sponsored to be in school, and grown-up children are forced to seek employment due to economic necessity.
One of the primary causes of children’s detrimental physical and mental development is child labour. The Indian government has implemented many measures to decrease child labour in addition to offering free and obligatory education to all children in the nation. Despite this, child labour remains a persistent problem in India due to the country’s poverty, poor quality of education, and growth of the unofficial economy.
