The Constitution of India has been an outstanding document for protecting the rights and interest of its citizen. The children are no exception to it as various provisions, right from the Preamble, Fundamental Rights and the Directive Principles of State Policy to the present day judicial activism, our Constitution has been trying its best to protect the interest of the children. However, in spite of all the constitutional, legal and institutional provisions rights of children are being violated in India. Child labor is an issue where rights of children are widely violated. Constitutional provisions like justice, equality, liberty, and the fundamental rights have failed to protect the interest and rights of children and specially the poor child laborer.
The Indian legal history on child rights was started in 1880s. At the beginning, it was initiated by the British government later on our government followed the path and adjust local requirement with international standards. The rights of children are grossly violated if they are working and India is home to world’s highest number of working children. Because of this situation since Independence, there have been several new laws and regulations prohibiting employment below a certain age and providing protection for working children. In recent years a serious reassessment of government policy on child labor has taken place, the aim being to identify the most effective way of dealing with the problem under Indian conditions.
The Child Labor (Prohibition and Regulation) Act, 1986 is the most comprehensive Act to deal with the issue of child labor. The objectives of the Act are: Banning the employment of children, i.e. those who have not completed their fourteenth year, in specified occupations and processes; Laying down procedures to decide modifications to the schedule of banned occupations or processes; Regulating the conditions of work of children in employment where they are not prohibited from working. Thus according to the Act, no child (below 14 years of age) can be employed in any occupation connected with transport of passengers, railways, cinder picking, beedi making, carpet weaving, cement manufacturing, manufacture of matches, cloth printing, mica cutting, explosives and fire works, building and construction industry, tanning, domestic servants, workers in hotels, restaurants, tea shops, resorts spas or other recreational centers etc. Till date it is the most comprehensive act in relation to child labor in India. But in all these above-mentioned Acts child labor is prohibited only in certain selected formal sectors and is not applied in any family workshop. It is often alleged that the present laws are responsible for institutionalizing child labor in India as these acts deals with only listed formal sectors.
The Preamble provides for social, economic and political justice to all
the citizen of India. To Article 14 all are equal before law, i.e. equal treatment and protection
under law. All children in similar circumstances are required to be treated in a similar manner, Article 15(3) permits the State to make special provisions for children, Article 19(1)
guarantees citizens of India the right to freedom of speech and expression, to form associations
or unions, etc., to Article 21(a) the State shall provide free and compulsory education to all
children of the age of six to fourteen years, Article 22 provides for safeguards upon arrest, and
states that a person should be produced before the nearest Magistrate within 24 hours of arrest.
A juvenile in conflict with law or a child in need of care and protection should be produced
before the Competent Authority established under the Juvenile Justice (Care and Protection
of Children) Act, 2000 within 24 hours of having been picked up by the police. Article 23
prohibits trafficking in human beings and forced labor. Any contravention of this provision is
punishable under law. Article 24 prohibits the employment of a child below 14 years in any
factory or mine or any other hazardous employment. To Article 39(e) & (f) the State is
required to ensure protection of children of tender age from abuse, and from entering vocations
unsuited to their age and strength. Children are also to be provided with equal opportunities
and facilities to develop in a healthy manner. The State is to further ensure that childhood and
youth are protected against exploitation and abandonment. According to Article 41 the State is
required to take steps to secure educational opportunities and facilities, to Article 45 the State
is to take measures to ensure free and compulsory education for all children till they attain 14
years of age. To Article 47 the improvement of public health and the raising of the level of
nutrition is a primary duty of the State. Article 51(c) asks the State is to respect international
law and treaty obligations. Lastly, to Article 51(k) a parent or guardian has a fundamental duty
to provide opportunities for education to his child or, as the case may be, ward between the
ages of six to fourteen years.
There is no uniformity in India regarding working hours and minimum
age of working which often leads to conflict among the laws itself. Field investigation and
discussion with working children reveals that in majority of cases prescribed norms of laws are
violated regarding: minimum hours of work, night work, rest interval, over time and minimum
age for work. It is found that some of the child laborer are engaging in very dangerous
activities like: work as handyman in running vehicles, vendoring over street and railways,
working in garages with heavy heat and weight and so on.
Till date the National Child Labor Project is the single major initiative
of the government of India to deal with the problem of child labor. It covers 250 districts all
over India. In Assam only three districts are selected under the scheme namely Nagaon,
Lakhimpur and Kokrajhar.
The National Plan of Action for Children, 2005 is the most important milestone regarding the overall development of children in India, which commits itself to ensure all rights to all children up to the age of 18 years. The National Plan has identified the following key areas keeping in mind priorities that require utmost and sustained attention in terms of outreach, interventions and resource allocation. These are:
1) Securing all children all legal and social protection from all kinds of abuse, exploitation and neglect.
2) Complete abolition of child labor with the aim of progressively eliminating all
forms of economic exploitation of children.
3) Monitoring, review and reform of policies, programmes and laws to ensure
protection of children’s interests and rights.
4) Ensuring child participation and choice in matters and decisions affecting their
lives.
The Convention on the Rights of the Child, 1989 is the latest and almost universally accepted instrument for providing universal legal standards for protection of children’s interest. The provisions and rights of the Convention can be broadly grouped into four categories: Right to Survival, Right to Protection, Right to Development and Right to Participation. Our country ratified the Convention in 1992; today the policies adopted by our government shows our commitment to those global standards.
Attempts to curb child labor in India are failing miserably as social
ignorance, lack of community involvement and support for child rights continue to drive
children to work. In general, programmes concerned with working children should aim for
their integrated physical, mental and social development. Effective programmes should
promote child development in its broadest sense including taking care of the parents needs
rather than just react to isolated and local needs. The creation of the National Commission
for Protection of Child Rights is a welcome step and it is hoped that the Commission will take appropriate steps to protect the interest of the children and particularly that of the child
laborer. Children can no longer be considered as passive recipients of services.
Governments and civil society must accept children as partners and facilitate their
participation in matters which affect their lives. The challenge is, therefore, to change the
mindset that children can no longer be objects of charity, philanthropy, and welfare. They
have rights and the government is obliged to provide for them. There must be legislative,
administrative, and judicial support to implement the policies, plans, and legislations in the
interest of the child (Bajpai, 2003). Still millions of children are working, even in hazardous
conditions all over the country. Let us hope that within a reasonable timeframe we will
achieve the desired goal of a child labor free country.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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