Article 24: Prohibition of Employment of Children in Factories
Date: 17 June, 2020
“Prohibition of employment of children in factories, etc. – 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”
Introduction to Article 24
Article 24 is the second and the last Article of the Right against Exploitation which is given under the Fundamental Rights of the Indian Constitution. This Article is giving an important right to the Children. This article says that no child below the age of 14 years shall be given employment in any factory or mine or engaged in any types of Hazardous employment.
This article is to be read with Article 39 of the Directive Principles of State Policy. This Article 39 is imposing an obligation on the state that the tender age of the children are not abused and citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. The same article is also protecting every child from any kind of exploitation.
Article 24 of the Indian Constitution is banning Child labour in all its form.
Article 24 and Article 21 A: Right to Education
Education was always given high importance by the makers of the Constitution. As a result of which Article 45 was added in the Directive Principles of the Indian Constitution. This Article is making a provision of Free and Compulsory Education to every child who is below the age of 14. It was to be achieved within 10 years of Indian Independence. But various governments failed in implementing this provision of the Constitution.
Later in the case of Mohini Jain v. the State of Karnataka, AIR 1992, the court gave a judgment that Right to Education is a Fundamental Right which is emanating from Article 21.
As a result of this 86th Constitutional Amendment Act, 2002 was passed. This amendment added Clause A in Article 21. This amendment made Free and compulsory education for every child of the age of 6-14 years.
As a result of this 86th Constitutional Amendment Act, 2002 was passed. This amendment added Clause A in Article 21. This amendment made Free and compulsory education for every child of the age of 6-14 years.
After this amendment Parliament enacted The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). This act legally guarantees Right to Education as a Fundamental Rights of Children between 6 to 14 years of age.
Article 24 and International Charters
1. International Covenant on Economic, Social and Cultural Rights – Article 10.3 of this convention says, “Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment or child labour should be prohibited and punishable by law.
2. European Social Charter, 1961, imposes an obligation on the members to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children employed in prescribed light work, without harm to their health, morals or education.
3. Minimum age Convention, 1973, article 1 of this convention says that each member for which this convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.
4. Convention of the Rights of the Child, 1989, article 32 of this convention requires the state to protect children from economic exploitation and from performing any work which is hazardous for their health or development. India ratified this convention in December 1999.
Indian Laws against Child Labour
In pursuance of all the international legal conventions and Article 24, the Indian Government enacted various laws for the rights of children. Some of the Laws are given below:
1. Child Labour Prohibition and Regulation Act, 1986
2. The Mines Act, 1952
3. The Plantation Labour Act, 1951
4. The Bidi and Cigar Workers (Conditions of Employment) Act, 1966
5. The Merchant Shipping Act, 1958
1. Child Labour Prohibition and Regulation Act, 1986
2. The Mines Act, 1952
3. The Plantation Labour Act, 1951
4. The Bidi and Cigar Workers (Conditions of Employment) Act, 1966
5. The Merchant Shipping Act, 1958
In the year of 2005, the Indian Government enacted the Commission for protection of Child Rights Act, 2005, this act set up the National Commission and State Commission for protection of Child Rights. This act also made the provision for setting up of fast track courts for offences against children.
Conclusion of Article 24
We can say that this article is very helpful for the protection of the Right of the Children who are below 14 years of age. Along with this, Article 21 A of the Constitution is providing the right to free and compulsory education for every child below 14 years of age.
