Article 23 and Article 24 of the Constitution of India talk about the right against exploitation of children, related forcefully labour and traffic in human and Prohibition of work under 14 years age group.
Meaning of Employment
- Employment means, the legal relationship of employee and employer, related work, and compensation, it means the employee with legal, contract or relation, perform work for employer and in return of compensation.
- Employment is defined in various status of India, according to their status objective, such in factories act 1948, industrial act etc. Labour law in which different status go through this definition.
Child below 14 year age education, fundamental right
- The Constitution 86th (Eighty-sixth) Amendment Act, 2002 inserted Article 21-A in the Constitution of India, Right to education.
- To provide free and compulsory education of all children age group 6 to 14 years.
- It is there Fundamental Right.
- State’s compulsory duty to provide free and compulsory education.
Constitution Article 23 Prohibition of traffic in human beings and forced labour
Article 23(1) Constitution Prohibition of traffic human
- Traffic in human beings and begar and other similar forms of forced labour are prohibited and
- Any contravention of this provision shall be an offence,
- Punishable in accordance with law.
Constitution Article 23(2) Compulsory service
- Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and
- In imposing such service the State shall not make any discrimination on grounds only of
- religion,
- race,
- caste or
- class or any of them.
Article 24 of Indian Constitution Prohibition of employment of children, 14 year age
Article 24 of Indian Constitution state’s that
- No child below the age of fourteen years
- Shall be employed to work,
- In any factory or mine or engaged in any other hazardous employment.
M.C. Mehta v. State of Tamil Nadu, (1996)
The Supreme Court has held that the children below the age of 14 years cannot be employed in any hazardous industry, mines or other works.
Meaning of Child labour
The work that involves hazardous, and harmful to child physical and mental development that is performed by the child forcefully or voluntarily can be defined as child labour.
There various law enforced to protect their potential , dignity and also from depriving their childhood.
Forced labour meaning
The term forced labour may includes slavery and practices similar to slavery as well as bonded labour or debt bondage.
- Forced Labour is any kind of work or service
- Where any person is coerced or forced to do against his or her will,
- Under threat, coercion or violence.
The Factories Act, 1948 on child labour age
- Adult and child
- An adult is defined as someone who has attained the age of eighteen, as defined in Section 2(a) of the Act.
- A child is someone who has not attained the age of fifteen, as defined in Section 2(c) of the Act.
- Adolescent
- Adolescent is defined in Section 2(b) of the Act. An adolescent is defined as someone who has attained the age of fifteen but has not yet attained the age of eighteen.
The Mines Act of 1952 age of Child labour
- The act prohibits anyone under 18 from working in a mine according to section 40 of the act. But it also provides exception of this
- Apprentices and other trainees who are at least 16 years old can work under supervision if the manager allows it.
The Child Labour (Prohibition and Regulation) Act, 1986
- Prohibition of 14 year age group children in various status and act.
- But there is no procedure laid down in any law for deciding in which employments, occupations or processes the employment of children should be banned.
Child Labour (Prohibition & Regulation) Amendment Act, 2016
The act prohibits the employment of children under 14 years old in any occupation, including domestic work.
Child Labour (Prohibition and Regulation) Amendment Rules, 2017
Children below the age of 14 years will be allowed to work in Family Business/Enterprises only if they are non-hazardous.