- Introduction
Child labour is still a social issue in our country which demand serious attention of the policy makers, executive machineries, academicians and researchers in different fields including law, especially to resolve whether existing laws are really sufficient to curb it or is it just cosmetic effort galvanizing the social attitude to render the market supply with child labour smoothly by way of showing something different that legislative efforts are on to eradicate child labour. It hinders economic development and perpetuate poverty by keeping the children of the poor out of school and limiting their prospects for upward social mobility. This is still a social menace not only in its existing dimension but in newer dimension also. The Existing law2 is trying to prohibit and regulate the child labour practices that are going on rampant. With the onset of industrialization and the prospect of wage labour, children become progressively employed in industry as well as in domestic and commercial establishments. As a researcher from the critical point of the view it is to be analyzed whether child laour is purely a phenomenon of poverty directly connected to economic reason or it is due to the social attitude and sensibilities that the problem still persists even after six decades of independence of the country which pose a serious query in mind why child labour has not yet been eradicated fully despite numerous legislative measure3 and social policy goals[1].
- Objective of this Article
Of late central government has lent a thought to enhance the deterrent effect of punishment by bringing amendment in child labour legislation. Therefore, this issue began to stair the writer’s academic mind to rethink from a socio-legal angle whether giving deterrent effect to the existing legislation is sufficient to address the problem. Hence objects have been focused.
- To point out the inbuilt lacunae in various legislations, which has now become inadequate to address the very issue for the purpose of regulating or prohibiting whatever may be.
- To examine the role and importance of education in the eradication of child labour and to analyze how far the Right to Education Act is adequate to address the root of this problem,
- To examine whether the existing statutory protection for children covers the large number of child labour in small-scale sector,
4) To examine the role and functions of the inspectors appointed by the appropriate authorities to implement the laws framed by the legislature in this regard,
(5) To examine whether child labour problem can be eliminated only by focusing on single determinant, for example, enforcement of laws or elimentary education policies
- Defining Child Labour
Child labour is not comprehensively defined anywhere in the legislation but international instruments determine what may amount to child labour. Basically children are not morally bound to enter into economic activities, which are not healthy and generally harmful to their sound growth. Child labour is meant for regular work, 14 to 43 hours/week, which causes physical or psychological damage to their growth and hinders education and mental and /or physical development. Child engaged in hazardous work[2] is considered as child labour. As regard to the age of a child International Labour Organization has set general guideline where under certain minimum age child may not be employed. International community has set certain categories as child work, child labour and the worst form of child labour. Generally, child work is meant for light work less than 14 hours/week for 12 to 17 years old which is not harmful to his health and development and not at the cost of schooling or vocational trainng and which is not hazardous in nature. The worst forms of child labour refers to all forms of slavery, trafficking of children, forced recruitment of children for use in armed conflict, the use of a child for illicit activities such as trafficking of drugs, pornographic performances etc. which is likely to harm the health, safety or morals of children. Though in view of the socio-economic realities of our country the constitutional framers could not prohibit the employment of children generally, they intended to implement prohibition of employment of children below the age of 14 years in factories or mines or in any other hazardous employment[3]. This provision was incorporated in the Constitution to protect the interest of the children especially in the interest of health and strength of young persons keeping in view of the provisions of the Directive Principles Of State Policy of the Constitution of India[4]. To sum up, child labour is defined nowhere which may be a deliberate omission on the part of legislating work either for the peculiar socio-economic condition of our country or due to an indifferent socio-political attitude of the society. Therefore, it may raise then pertinent question in mind whether existing legislations in this regard are impliedly facilitating supply of child labour for the need of market in disguise of regulating child labour which, may be discussed in elaboration in legal analysis part.
[1]ILOConventionNo.138
[2] Hazardous work is defined by provisions of ILO Convention No.182
[3] Article24ofthe ConstitutionofIndia
[4]Article39 (e) and (f) of the Constitution Of India as under The State shall direct its policy towards securing- that health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; that children are given opportunity and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.