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Employment of Children

Introduction

The protection of children from exploitation in the workplace is one of the most important aspects of Indian labour law. India has enacted several laws to prohibit and regulate the employment of children in factories and other establishments. The main legislation governing this area is the Child Labour (Prohibition and Regulation) Act, 1986, which was significantly amended by the Child Labour (Prohibition and Regulation) Amendment Act, 2016. Additionally, the Factories Act, 1948 contains specific provisions relating to the employment of young persons in factories.

The Constitution of India also provides strong protection against child labour through Article 24, which prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment. Article 39(f) directs the State to ensure that children are given opportunities and facilities to develop in a healthy manner and are protected against exploitation.

Definition of Child

Under the Child Labour (Prohibition and Regulation) Amendment Act, 2016, a child means a person who has not completed 14 years of age. An adolescent means a person who has completed 14 years but has not completed 18 years of age.

Child Labour (Prohibition and Regulation) Act, 1986 — As Amended in 2016

The 2016 Amendment brought significant changes to the law on child labour:

1. Complete Prohibition for Children below 14 No child below the age of 14 years shall be employed or permitted to work in any occupation or process whatsoever. This is an absolute prohibition with very limited exceptions.

Exception for Family Enterprises and Entertainment Industry: A child may help in family enterprises after school hours and during vacations, provided the work is not hazardous. A child may also work in the audio-visual entertainment industry including advertisement, films, television serials, etc. subject to conditions prescribed.

2. Prohibition for Adolescents in Hazardous Occupations No adolescent (14-18 years) shall be employed in any hazardous occupation or process. The Schedule to the Act lists hazardous occupations including mining, inflammable substances, explosives, etc.

3. Enhanced Penalties The 2016 Amendment significantly increased penalties for employing child labour:

  • First offence: Imprisonment of 6 months to 2 years OR fine of ₹20,000 to ₹50,000 or both
  • Subsequent offence: Imprisonment of 1 year to 3 years

Provisions under the Factories Act, 1948

The Factories Act, 1948 contains the following provisions relating to employment of young persons:

1. Section 67 — Prohibition of Employment of Children No child who has not completed 14 years of age shall be required or allowed to work in any factory.

2. Section 68 — Non-Adult Workers to Carry Tokens A child who has completed 14 years but not 15 years and an adolescent (15-18 years) shall not be employed in a factory unless:

  • A certificate of fitness is granted by a certifying surgeon
  • The child/adolescent carries a token indicating the certificate

3. Section 69 — Certificate of Fitness A certifying surgeon must examine the young person and grant a certificate of fitness if satisfied that the person:

  • Is fit to work in a factory
  • Has completed the required age

4. Section 70 — Working Hours for Children A child who has completed 14 years and holds a fitness certificate shall not be allowed to work:

  • For more than 4.5 hours in any day
  • During the night (between 7 PM and 8 AM)
  • In two shifts

5. Section 71 — Power to Require Medical Examination An Inspector can require any person who appears to be a young person to be medically examined to verify his age.

6. Section 72 — Register of Child Workers Every factory employing young persons must maintain a register containing details of all young persons employed, their nature of work, hours of work, and certificates of fitness.

Constitutional Provisions

Article 24 — Prohibition of employment of children in factories, mines, or any other hazardous employment below the age of 14 years. This is a Fundamental Right and is enforceable in courts.

Article 21-A — The State shall provide free and compulsory education to all children of the age of 6 to 14 years. This is connected to child labour because education and child labour are incompatible.

Article 39(e) — The State shall direct its policy towards ensuring that the health and strength of workers, men and women, and the tender age of children are not abused.

Article 39(f) — Children shall be given opportunities and facilities to develop in a healthy manner.

Important Case Laws

1. M.C. Mehta v. State of Tamil Nadu (1996) This is the most important Supreme Court case on child labour in India. The court held that child labour is a serious violation of fundamental rights and directed the State to:

  • Identify all child workers
  • Withdraw them from employment
  • Provide them with quality education
  • Establish a Child Labour Rehabilitation-cum-Welfare Fund to which employers of child labour must contribute ₹20,000 per child

2. Bandhua Mukti Morcha v. Union of India (1984) The Supreme Court held that bonded child labour is a violation of Articles 21, 23, and 24 of the Constitution and directed the government to take immediate steps for the identification and rehabilitation of child labourers.

3. People's Union for Democratic Rights v. Union of India (1982) The Supreme Court held that employment of children in construction work and other hazardous activities violates the Constitution and directed the government to enforce child labour laws strictly.

National Child Labour Policy

The Government of India launched the National Child Labour Policy in 1987 with the following objectives:

  • Legislative action to prohibit child labour
  • General development programmes for the benefit of children
  • Project-based action in areas of high concentration of child labour

The National Child Labour Projects (NCLP) were set up in districts with high incidence of child labour to provide special schools, vocational training, nutrition, and stipends to working children to mainstream them into regular education.

Conclusion

The employment of children is not only a violation of law but also a gross violation of the fundamental rights and human dignity of children. India has a comprehensive legal framework to protect children from exploitation in the workplace, rooted in constitutional provisions and supported by specific legislation like the Child Labour (Prohibition and Regulation) Act, 1986 and the Factories Act, 1948. The Supreme Court has played a proactive role in enforcing these protections through landmark judgments. However, effective implementation of these laws remains a challenge, and it requires the collective effort of the government, employers, civil society, and citizens to eradicate child labour from India completely. 

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