INTRODUCTION

Development and future of the society can be assessed not on the basis of super computers and
the technological advances. That is decided on the basis of how the society treats the children
(Kofi A Annan)
Right to childhood is a sacred entitlement of mankind. Almost one third of the world population
comprises children. Children are not only tomorrows citizens, but also today's as well. They are
the Saul of our nation. Social justice must begin with children, unless tender plant is properly
nourished, it has little chance of growing in to strong and a useful tree. Millions of children are
forced to work as child labourers due to various reasons. Child abuse, deprivation, exploitation
etc are universal problem. Perpetuation of child labour is a challenge to the society. Large
portion of them have deprived of their basic rights.
Reasons for Child Labour
Poverty and unemployment levels are high. Poor children and their families may rely upon child
labor in order to improve their chances of attaining basic necessities. Access to free and
compulsory education is limited is another reason for child labour. Another reason for child
labour is that the laws which are prohibiting child labour and its enforcement is often inadequate.
Social and economic backwardness, disease or disability, the lure of cheap labour, family
tradition etc are also reasons for child labour.
Global Initiations to Eliminate Child Labour
U.N. Declaration of the Rights of the Child
In 1959, the United Nations General Assembly adopted the Declaration of the Rights of the
Child. It marked the first major international consensus on the fundamental principles of
children’s rights. The Preamble to the Declaration of the Rights of the Child highlights
children’s need for special care and protection, “including appropriate legal protection, before as
well as after birth.
1. The right to equality, without distinction on account of race, religion or national origin.
2. The right to special protection for the child’s physical, mental and social development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is physically or mentally
handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and exploitation.
10. The right to be brought up in a spirit of understanding, tolerance, friendship among peoples,
and universal brotherhood.
International Convention on the Rights of the Child, 1989
A great headway had been made in the year 1989, which marked the 30th anniversary of the 1959
Declaration of the Rights of the Child and the 10th anniversary adopted an international
convention on the rights of the Child. The Convention on the Rights of the Child is the first
legally binding international instrument to incorporate the full range of human rights—civil,
cultural, economic, political and social rights. This selection of rights is founded on respect for
the dignity and worth of each individual, regardless of race, colour, gender, language, religion,
opinions, origins, wealth, birth status or ability and therefore applies to every human being in the
world.
The Convention specifies the basic human rights that are held by children everywhere: the right
to survival; to develop to the fullest; to protection from harmful influences, abuse and
exploitation; and to participate fully in family, cultural and social life. Some of the main points
of the convention are1. The convention defines a child and every human being below the age of 18 years
2. Every child has the inherent right to life, to a name to acquire a nationality and as far as
possible the right to know and be cared by his or her parents.
3. Children shall have the right to freedom of expression, thought, conscience and religion,
association and peaceful assembly, education, rest and leisure, social security the highest
attainable standard of health and a standard of a standard of living adequate for his or her
physical, mental, spiritual, moral and social development.
4. Children shall not be separated from their parents against their will
5. children shall be protected from economic exploitation and hazardous work, drug use
and trafficking, sexual exploitation and sexual abuse and all other forms of exploitation
prejudicial to any aspects of the child welfare.
6. Minority or indigenous child shall not be denied right to his or her own culture, religion
or language.
7. A mentally or physically disabled child should enjoy a full and decent life.
8. a child who is is capable of forming his or her own views should have the right to
express those views freely in all matters affecting the child, including any judicial and
administrative proceedings.
9. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Capital punishment or life imprisonment shall not be enforced for offences
committed by persons under 18 years.
10. States will establish 10 minimum age below which children shall be presumed not to
have the capacity to infringe the penal law.
11. State Parties shall take all feasible measures so that children under 15 do not take a direct
part in hostilities and shall refrain from recruiting them into their armed forces.
12. The best interest of the child shall be the Paramount consideration for adoption.
There are a total of 35 Articles in this convention and the above represent only some salient
features of them.
RIGHTS OF A CHILD AND INDIAN CINSTITUTION
Indian Constitution is drafted almost at the same time when the universal declaration of human
rights was adopted. Framers of Indian constitution were influenced by the concept of human
rights. Indian constitution guarantees almost all human rights which were later embodied in the
Covenants. Part 3 and part 4 of Indian constitution is relevant for the elimination of child labour .
Fundamental Rights
All the Fundamental rights embodied in the Indian Constitution can be used by children. In
addition to this certain rights especially for children is also incorporated in the Constitution, This
class is weak and vulnerable for various kinds of exploitation and they need special protection.
1. Article 15- Article 15 discrimination of citizens on the ground only of religion, race,
caste, sex, place of birth or any of them.
But Article 15 (3)Nothing in this article shall prevent the state from making any special
provision for women and children, by this clause we have a special provision to protect
women and children.
2. Article 24 - Article 24 prohibits the employment of children in factories. Article 24
provided that no child below the age of 14 years shall be employed to work in any factory
or mine or any other hazardous employment.
3. By 86th Constitutional Amendment 2002 inserted article 21 A to the Indian Constitution.
Article 21A provides that the state shall provide free and compulsory education to all
children 6 to 14 years as such manner as the state determines.
Directive principles of State Policy
Article 39(f)- Those 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 against moral and material abandonment.
Article 39(e)- Clause (e) of Article 39 has provisions relating to the health and well-being of the
children - that the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength
Article 45-impose an obligation on the state to provide early childhood care and education to all
children until they complete 6 years.
Fundamental Duties
Article 51A
Clause (k) of Article 51A -It shall be the duty of every citizen of India who is a parent or
guardian to provide opportunities for education to his child or, as the case may be, ward between
the age of six and fourteen years.
LEGISLATIVE INITIATIONS FOR PROHIBITION OF CHILD LABOUR
In pursuance of Directive Principles of State Policy, the Parliament has enacted Child Labour
(Prohibition and Regulation) Act 1986 which prohibits the employment of children in certain
employment and regulate the conditions of work in other employment. The legislation could not
abolish the menace of child labour completely but it could prohibit the employment of children
who are not completed 14 years in certain employment which is listed in the 8th schedule of the
Act.
National Policy of Child Labour
The National Policy of Child Labour 1987 focuses on three welfare aspects of the child
1. Enforcement of the laws relating to prohibiting child labour.
2. Avail the benefits to the families of the child labour.
3. Take up projects in child labour concentrated areas.
Child Labour Prohibition and Regulation Amendment Act 2006
The child labour prohibition and Regulation Act has invented in the year 2006 and band the
employment of children below the age of 14 years as domestic servants and also in the
hospitality industry. Violation of this provision Is an orphan punishable with imprisonment of 3
months which may be extended to 1 year and also fine of Rs 10000 which may extended to
20,000.
Child Labour (Prohibition and Regulation) Amendment Act 2016
By this amendment the system of child labour is completely prohibited in India and the
employment of adolescents are regulated. Also by the amendment enhanced the penalties for
violating the provisions of the Act. The act is renamed as the Child and Adolescent Labour
(Prohibition and Regulation) Act.
Children right to free and compulsory Education Act 2009
This act makes access to children from 6 to 14 to education as a legal right from 2010. It places
an obligation on the government to enroll every child into School.
Commission of protection of child rights act 2005 enacted by parliament provides constitution
of National Commission and State Commission for protection of child rights
Objects of the Act
An Act to prohibit the engagement of children in all occupations and to prohibit the engagement
of adolescents in hazardous occupations and processes and the matters connected therewith or
incidental thereto.
1. To ban the employment of children those who have not completed their 14th-year comma
in specified occupations and processes
2. To lay down the procedure to decide modifications to the schedule of banned occupation
or processes.
3. To regulate this condition of work of adolescents in employments where they are not
prohibited from working.
4. To lay down enhanced penalties for the employment of children in violation of the
provisions of this act, and other acts which forbid the employment of children.
5. To obtain uniformity in the definition of child in the related laws.
The short title of the Act was amended in 2016 and now it is called as the child and adolescent
labour prohibition and Regulation Act 1986. As a consequence of the amendment, engagement
of children is prohibited in all occupations. The engagement of adolescent is also prohibited in
hazardous occupations