Child Labour Menace in India: Legal Provisions, Judicial Trends & Global Commitments

Compilation and Author:
Md Irshad Ahmad,
Advocate, Supreme Court of India Introduction

The problem of child labour is the most unwavering socio-legal malady of India. Even though our Constitution, laws and international obligations say so, thousands of children are still working in different sectors as domestic workers, construction workers, in the hotel industry and hazardous sectors. This commentary discusses India’s legal reaction, constitutional provisions, implementation bottlenecks, and international commitments with regard to child labour.

I. Constitutional Provisions Addressing Child Labour.
Article 21A – Right to Education: Mandates free and compulsory education for children aged 6 to 14.

Article 24 – Prohibition of Employment in Factories: Prohibits employment of children below 14 in hazardous factories or mines.

Article 39(e) & (f) – Directive Principles: Directs the state to protect children from abuse and to ensure healthy development. (e) That the health and strength of workers, men and women, and the tender age of children are not abused.

(f) That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth are protected against exploitation and moral and material abandonment.

Article 45 (Directive Principles): Originally mandated free and compulsory education for children until 14; largely superseded by Article 21-A.

II. Key Domestic Legislations on Child Labour

1. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (amended 2016):

Prohibits employment of children below 14 years in all occupations.

Regulates working conditions of adolescents (14-18 years) in non-hazardous industries.

2. Factories Act, 1948:

Restricts employment of children under 14 in factories.

Provides working hour limits and safety provisions for adolescent workers.

 

3. The Mines Act, 1952:

Complete prohibition on employment of children in mines and related underground activities.

4. The Bonded Labour System (Abolition) Act, 1976:

Abolishes bonded labour systems including those involving children.

5. Waste Management Laws (Bio-medical, Plastic, E-waste Rules):

Indirectly prohibit use of child labour in unsafe scavenging and recycling practices.

6. Right of Children to Free and Compulsory Education Act, 2009:

Makes education mandatory and indirectly prevents child labour.

7. Juvenile Justice (Care and Protection) Act, 2015:

Defines child labourers as “children in need of care and protection” and entitles them to rehabilitation.

8. Regulation: Regulates the conditions of work for adolescents (14-18 years) employed in non-hazardous occupations/processes. This includes limits on work hours, holidays, health safeguards, etc.

9. Rehabilitation: Mandates that rescued children are rehabilitated through the Child Labour Rehabilitation-cum-Welfare Fund, which employers contribute to. The Act also links rehabilitation with education

10. Punishment: Enhanced penalties (imprisonment from 6 months to 2 years and/or fines from Rs. 20,000 to Rs. 50,000 for first offence; higher for repeat offenders). Parents are not penalized unless proven complicity.

11. Exceptions: Allows children below 14 years to help in family enterprises (non-hazardous) only after school hours or during vacations. Also allows children to work as artists in audio-visual entertainment (including advertising) under strict conditions with safety and time limits.

III. International Conventions Ratified by India

1. ILO Conventions No. 138 & 182:

ILO Convention No. 138 (Minimum Age Convention, 1973): Ratified by India in 2017. Sets the general minimum age for admission to employment (not less than 15 years, or 14 for developing countries initially). Requires raising it to a level consistent with full physical and mental development. India specified 14 years upon ratification.

Convention 182: Prohibition of Worst Forms of Child Labour.

Ratified by India in 2017. Requires immediate action to prohibit and eliminate the worst forms of child labour, including:

All forms of slavery or practices similar to slavery (sale/trafficking, debt bondage, forced labour).

Work likely to harm the health, safety, or morals of children (“hazardous work”).

Use of children for prostitution, pornography, or illicit activities (e.g., drug trafficking).

2. United Nations Convention on the Rights of the Child (UNCRC), 1989:

India ratified in 1992, obligating protection from economic exploitation and Key articles include:

Article 32: Recognizes the right of the child to be protected from economic exploitation and hazardous work.

Article 19: Protection from violence, abuse, and neglect.

Article 28 & 29: Right to education.

3. Universal Declaration of Human Rights, 1948 – Article 25 & 26:

Right to education and decent childhood.

4. Sustainable Development Goals (SDG 8.7):

Aims to eradicate child labour in all its forms by 2025.

5. Geneva Accords:

Indirect commitments via Humanitarian Protocols and Labour Rights agreements.

6. UNSC Resolutions:

Though UNSC primarily deals with peace and security, thematic resolutions often condemn use of children in armed conflict and illegal industries.

IV. Judicial Forums & Jurisdiction

The judiciary has played a proactive role in recognizing child labour as a gross violation of fundamental rights:

1. Supreme Court of India: Hears Article 32 petitions related to fundamental rights violations.

Landmark: M.C. Mehta v. State of Tamil Nadu [(1996) 6 SCC 756] – Directed rehabilitation of children employed in hazardous industries.

➤ Landmark judgment where the Supreme Court directed the rehabilitation of children employed in matchstick factories of Sivakasi. It mandated financial compensation and the establishment of welfare funds for their education.

2. Bandhua Mukti Morcha v. Union of India [(1984) 3 SCC 161]

➤ The Court held that forced or bonded child labour violates Articles 21 and 23. The right to live with dignity includes the right to childhood free from exploitation.

3. People’s Union for Democratic Rights v. Union of India [(1982) 3 SCC 235]

➤ Affirmed that non-payment of minimum wages and employment of children in hazardous jobs constitutes “forced labour” under Article 23.

4. Kailash Satyarthi & Bachpan Bachao Andolan PILs

➤ Multiple suo motu and PIL cases filed by this NGO led to the rescue of thousands of child workers and judicial monitoring of rehabilitation schemes.

5. Court on Its Own Motion V. State of NCT of Delhi [Delhi HC, 2009 SCC Online Del 1923]

➤ Directed formation of a task force for identifying and rescuing children from dhabas and roadside eateries in the capital.

2. High Courts: Article 226 petitions on child labour issues in states.

3. Juvenile Justice Boards & Child Welfare Committees: Handle individual cases of child exploitation and rehabilitation.

4. Labour Courts & Industrial Tribunals: Can hear employment violations involving adolescents.

5. National and State Commissions for Protection of Child Rights (NCPCR/SCPCR): Quasi-judicial monitoring bodies.

V. Statistics on Child Labour in India

While significant progress has been made, child labour remains a serious issue. As per the 2011 Census, India had 10.1 million child labourers (5.6 million boys, 4.5 million girls) aged 5-14. The NSSO (2017-18) report estimated 3.9 million children aged 5-14 years engaged in work (including household duties for >21 hrs/week).

Note: COVID-19 likely caused a setback, pushing more children into work.

Sectors:

Agriculture (70-80%): Largest employer (plantations, cotton fields, sugarcane, grain processing).

Informal Sectors: Garment industry (embroidery, zari), leather goods, footwear, fireworks, matches, gem-polishing, brick kilns, stone quarries.

Services: Domestic work, dhabas/restaurants, small shops, street vendors, waste picking.

Hazardous Work: Despite bans, children are still found in mines, chemical units, construction, slaughterhouses.

Root Causes:

Poverty & Indebtedness: Primary driver; families rely on children’s income for survival or to pay off debts.

Lack of Access to Quality Education: Poor schooling infrastructure, lack of teachers, irrelevant curriculum, hidden costs, distance to schools. Failure of RTE implementation.

Social Norms & Attitudes: Acceptance of child work, especially in rural areas and family enterprises. Gender discrimination pushing girls into domestic work.

Weak Enforcement: Inadequate labour inspection systems, corruption, lack of resources, difficulty in monitoring the vast informal sector.

Demand Factors: Employers prefer children for low wages, docility, and perceived nimble fingers for certain tasks.

Migration & Trafficking: Children from impoverished regions are trafficked to work in cities or hazardous industries.

Impact of Crises: Natural disasters, pandemics (like COVID-19), and economic downturns push vulnerable children into labour.

Recent ILO-UNICEF report (2021) estimates show:

Nearly 160 million children globally are in labour, with India among top 10 countries in child labour cases.

In India:

Hotel/dhaba/roadside eateries: Major informal employers.

Domestic work, rag-picking, bangle industry, fireworks, carpet weaving—key exploitative sectors.

Annual case statistics:

NCPCR reports ~20,000–25,000 formal complaints per year.

Convictions remain below 10% due to poor investigation and lack of witness protection.

VI. Challenges and Gaps in Implementation

Inadequate of enforcement: Limited number of inspectors especially in rural and informal sectors, weak prosecution, low conviction rates.

Corruption and collusion with employers, especially in small industries and roadside setups.

Poverty and illiteracy: Families depend on children’s income.

Poor rehabilitation mechanism: Shelters, schools, counselling absent or underfunded.

Overlapping laws: Confusion in jurisdiction and responsibility.

Complexity of Informal Sector: Vastness and invisibility make monitoring extremely difficult

“Family Work” Ambiguity: The exception in the law is often misused to hide exploitation in supply chains (e.g., home-based work for larger industries).

VII. Preventive and Corrective Measures

1. Government Initiatives:

National Child Labour Project (NCLP). Rescues and rehabilitates child labourers through Special Training Centres (transitional education) and mainstreaming into formal schools. Provides stipends, nutrition, vocational training.

Mid-day meal scheme to retain children in school.

Skill development for families of rescued children.

Strengthening Legislation: The 2016 amendment to the Child Labour Act.

Integrated Child Protection Scheme (ICPS): Provides framework for child protection, including victims of labour.

POSHA bhikram (Platform for Effective Enforcement for No Child Labour): Online portal for better coordination among enforcement agencies.

2. Judicial directions:

Compensation funds for victims.

Monitoring Committees to track child labour free zones.

3. NGO interventions:

Organizations like Bachpan Bachao Andolan have rescued thousands.

4. Failed Measures:

Rehabilitation centres often lack infrastructure.

Resources for NCLP are insufficient; quality of rehabilitation and long-term sustainability are concerns.

Monitoring Committees inactive in several states.

5. Data Gaps: Lack of recent, comprehensive, and reliable data hampers policy formulation.

6. Addressing Root Causes: Poverty alleviation and universal quality education remain fundamental challenges.

7. Inter-State Trafficking: Requires coordinated action across state borders.

Conclusion

India possesses a strong legal framework that prohibits child labour, which is embedded in its Constitution and detailed in laws such as the Child Labour (Prohibition & Regulation) Amendment Act, 2016. Additionally, it is a signatory to significant international conventions. However, in spite of constitutional safeguards and international obligations, child labour continues to be deeply rooted in the socio-economic structure of India. Enhanced enforcement, public accountability, and a societal awakening are crucial to eradicate this issue.

India must ensure that every child is in school and not at work because a nation cannot prosper on the shoulders of its exploited children. The international community, through ILO and UN mechanisms, continues to monitor and support India’s efforts.