Child
labour is the practice where children engage in economic activity, on part or
full-time basis. The practice deprives children of their childhood, and is
harmful to their physical and mental development. Poverty, lack of good schools
and growth of informal economy are considered as the important causes of child
labour in India.
The 2001
national census of India estimated the total number of child labour, aged 5–14,
to be at 12.6 million. Child labour problem is not unique to India; worldwide,
about 217 million children work, many full-time.Article 24 of India's
constitution prohibits child labour. Additionally, various laws and the Indian
Penal Code, such as the Juvenile Justice (care and protection) of Children
Act-2000, and the Child Labour (Prohibition and Abolition) Act-1986 provide a
basis in law to identify, prosecute and stop child labour in India.
Child labour laws in India:
After
its independence from colonial rule, India has passed a number of
constitutional protections and laws on child labor.The Constitution of India in
the Fundamental Rights and the Directive Principles of State Policy prohibits
child labor below the age of 14 years in any factory or mine or engaged in any
other hazardous employment (Article 24). The constitution also envisioned that
India shall, by 1960, provide infrastructure and resources for free and
compulsory education to all children of the age six to 14 years. (Article 21-A
and Article 45).
India is
a federal form of government, and child labour is a matter on which both the
central government and state governments can legislate, and have. The major
national legislative developments include the following:
The
Factories Act of 1948: The Act prohibits the employment of children below the
age of 14 years in any factory. The law also placed rules on who, when and how
long can pre-adults aged 15–18 years be employed in any factory.
The
Mines Act of 1952: The Act prohibits the employment of children below 18 years
of age in a mine.
The
Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the
employment of children below the age of 14 years in hazardous occupations
identified in a list by the law. The list was expanded in 2006, and again in
2008.
The
Juvenile Justice (Care and Protection) of Children Act of 2000: This law made
it a crime, punishable with a prison term, for anyone to procure or employ a
child in any hazardous employment or in bondage.
The
Right of Children to Free and Compulsory Education Act of 2009: The law
mandates free and compulsory education to all children aged 6 to 14 years. This
legislation also mandated that 25 percent of seats in every private school must
be allocated for children from disadvantaged groups and physically challenged
children.
India
formulated a National Policy on Child Labour in 1987. This Policy seeks to
adopt a gradual & sequential approach with a focus on rehabilitation of
children working in hazardous occupations. It envisioned strict enforcement of
Indian laws on child labor combined with development programs to address the
root causes of child labor such as poverty. In 1988, this led to the National
Child Labour Project (NCLP) initiative. This legal and development initiative
continues, with a current central government funding of ₹ 602 crores, targeted solely to eliminate child
labor in India. Despite these efforts, child labor remains a major challenge
for India.
The list of Eradication Of Child
Labor Programmes
|
S.N
|
Child
Labor Programme
|
Year
of Beginning
|
Objective/Description
|
|
1
|
Child
Labor Eradication Programme
|
1994
|
To
shift child labor from hazardous industried to schools.
|
|
2
|
National
Authority for the Elimination of Child Labour (NAECL)
|
1994
|
Laying
down the policies and programs for the elimination of child labour,
especially in the hazardous industries, etc.
|
|
3
|
National
Child Labour Project Scheme (NCLP)
|
1998
|
Establishment
of special schools for child labour who are withdrawn from work.
|
|
4
|
Education Department and District
Primary Education Program (DPEP)
|
1994
|
To
revitalise the primary education system and to achieve the objective of
universalisation of primary education for young children.
|
|
5
|
International
Programme for Elimination of Child Labor (IPEC)
|
1991
|
To
contribute to the effective abolition of child labor in India
|
|
6
|
National
Commission for the Protection of Child Rights (NCPCR)
|
2007
|
To
protect, promote and defend child rights in the country.
|
|
7
|
National
Policy on Child Labour
|
1987
|
General
development programmes benefiting
children wherever possible. Project-based approach in the areas of high concentration of child labourers. |
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