CONSTITUTIONAL PROVISIONS FOR

INTRODUCTION

• Duty of every nation to ensure that the childhood of every child is protected.
• “Child Labour “ defined by The Child Labour Prohibition and Regulation Act, 1986 as “ Employment of children in any manual work” and a “ Child” is defined as “ A person who has not yet attained the age of 14 years”.
• Child labour hinders the mental and physical development of a child.

IMPORTANCE FOR HAVING THESE PROVISIONS

• It leads to a loss of a strong value system which is very much needed which will not make them ready to face the world
• It deprives them of their potential, dignity, and most importantly their childhood.
• Leads to lack of mental and physical development.
• It deprives them of getting an education which is of utmost importance.

CONSTITIONAL PROVISIONS FOR PROTECTION OF CHILD

• Article 21A- The government mandates that free and compulsory education must be given for children aged between six and fourteen years of age in a manner which the state has prescribed.
• Case law- Unni Krishnan J.P .v. A.P., In this case it had recognised the fundamental right of every child for and compulsory education upto the age of fourteen years, but to ensure effective realisation of this right Article 21-A was inserted by 86th Constitutional amendment in 2002

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• Under this right, The Right to Education Act,2009 was bought about. The act enables a child to get free and compulsory education in a neighbourhood school.
• Private unaided schools should not charge any capitation fee from any child and no screening of child or his/her parents are allowed
• Private unaided schools have an obligation to admit 25% students from weaker sections of society in the neighbourhood. The state will reimburse these schools for the expenditure of these students but this does not apply to unaided minority schools.

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• Case law:-
• Shyam Sunder case,
• In this case law, it lays down that children should not only be getting free and compulsory education but also it must of quality and discrimination must not be done on basis of the child’s cultural, social and economic background.

ARTICLE 24

• Prohibition of employment of children in factories, etc:-
• Here in this constitutional provision it lays down that no child should be employed for work in any factory, mine or any other hazardous employment and even in construction work children below 14years are prohibited.
• Examples:- Construction, mining, fireworks factory, factories that exhume toxic substances, etc.
• Basically lays a threat to the mental, physical well-being of the child which leads to lack of mental and physical development.

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• Case law:-
• M.C Mehta v. State of Tamil Nadu,
• Famously known as Child labour case.
• Children were being employed in hazardous work of working with toxic substances while making fireworks in Sivakasi, posing a major health threat to the children employed there.
• This case led to the prohibition of employment of children below the age of 14 in hazardous employment.

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• This case law bought about arrangements for the children’s education by creating a fund and providing employment to the parents or able bodied adults in the family
• Another similar caselaw is the Bandhua Mukti Morcha case, which concerning the employment of children in carpet weaving industry in U.P.

ARTICLE 39(e)

• It’s a directive principle of state policy, not a fundamental right.
• It lays down that state should secure that the health, strength and tender age of children are not abused.

OTHER IMPORTANT LABOUR LAWS FOR PROTECTION OF CHILD

• The Child Labour Prohibition and Regulation Act, 1986
• The Mines Act, 1958
• The Plantation Labour Act, 1951
• The Indian Factories Act, 1948
• The Apprentices Act, 1961

CONCLUSION

• Children should be taken care by the nation, it is their duty to do so, if taken care then it leads to the overall economic development of the country.
• The nation should ensure that every child does not lose their childhood and there is physical and mental development of the child and child labour should not hinder it.
• Hence this is the need for these constitutional provisions, so that it ensures that the children are not exploited and are protected.

THANKYOU