In this blogpost, Sonal Srivastava, Student, Amity Law School, Lucknow, writes about the meaning of child labour, places where children are found working and the laws protecting them against child labour.
Child labour refers to the employment of children in any work that deprives them of their childhood, interferes with their ability to attend regular school, and that is mentally, physically, socially or morally dangerous and harmful. This practice is considered exploitative by many international organizations.
Child Labour in India
Child labour is a practice of engaging small children in the works either part-time or full-time basis. It is any kind of work that harms children and keeps them away from attending schools. It may have either of characteristics such as violating Nation’s minimum age laws, threatens children’s physical, mental or emotional wellbeing, involve intolerable abuse, forced labour, prevents children from going to school, etc.
Works where children are involved
- Factories- many children are employed in factories dealing even hazardous substances, in carpet industries, clothing, glass and bricks, etc.
- Agriculture- Children are often put to work on fields, where they have to harvest crops, they are even involved in commercial agriculture where they are exposed to long hours of extreme heat, temperatures, health risks from pesticides, little or no pay, no adequate food, water, etc.
- Mining and quarrying- Children often suffer high health risks when they are engaged in underground mines, etc.
- Domestic Help- Domestic help services are the most common. Children of the age of 7-8 years are kept as domestic help and many times treated very badly, beaten and even subjected to sexual violence.
- Flesh Trade- young girls of the age of 4-14 years are sold and forced into flesh trade. In such circumstances, they not only lose their childhood but also lose the happiness of their lives.
Laws for protection of children against child labour
- The Factories Act of 1948- It prohibits employment of children below the age of 14 years in any factory.
- The Mines Act of 1952– It prohibits the employment of children below the age of 18 years in any mines as it is one of the most dangerous occupations and many accidents have happened in the past where children were severely injured or even killed.
- The Child Labour (Prohibition and Regulation) Act of 1986– According to this Act, children below the age of 14 years cannot be employed for the work involving the use of hazardous substances and the list of the works involving hazardous substances is provided in the Act. According to section 3 of the Act, any person who violates the provisions of the act shall be liable for an imprisonment of not less than 3 months and which can be extended to 1 year or with a fine of rupees 10,000 which may extend to 20,000 rupees or with both.
- The Juvenile Justice (Care and Protection) of Children Act, 2000– This Act for the first time penalized the offence of child labour. Any person who contravenes the provisions of the Act is penalized with an imprisonment for a certain term and fines or with both.
- The Right of Children to Free and Compulsory Education Act of 2009– According to this Act, every child up to the age of 14 years is entitled to free education and this being a fundamental right under article 21 Also, there shall be reserved 25% seats in private institutions as well, and no child shall be deprived of education or admission into any school on the grounds of him being from a poor family.
Conclusion
Children are the future of any country, and if the future is treated badly then not only the future is shaken but also the present tumbles down. Children should be free to live their childhood and enjoy it rather than being burdened with the responsibilities to raise up their family and even if due to circumstances they are forced to do so, then also they should be given the basic amenities of life as well as childhood such as education, fooding, lodging, clothing and biggest of all “time” to live their childhood. The laws made need to be propagated, and the people should know of these laws so that they can take benefits of the same and, at least, get their children elementary education, protect children from getting socially, physically and mentally abused.
To build a strong nation, the pillars of the nation should be strong, and children are the pillars of a nation, and if they are weak, then the nation also becomes weak.
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