Author: C. Naveen Kumar, (School of excellence, Chennai)
ABSTRACT: The children are not only deprived of education but also encountered with physical, mental and sexual violence. As per census 2011, children between the Ages of 5-14 are working as child labour is 10.13 million. The law which governs the child labour in India is CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 and came as refined version with amendments in 2016. The paper studies about the present scenario of child labour in India and to track their implementation and functional shortcomings. This paper also elucidates the schemes and programmes implemented to cease the domestic child labour in India and suggestions will be given in cessation of child labour. INTRODUCTION: India has stepped up with many new innovations and technologies; it also has uplifted the downtrodden society and bringing up its literacy rate. But there isn’t only green part which exists, there is also a hidden dark part which devastating the growth of India. One of such hidden dark is the use of child labour. "Sacrifice your today, for the betterment of children tomorrow" is a quote said by an imminent person but still there are many children are left in the dark. Children voices are usually the most silenced voices where they are working in hazardous export-oriented industries like fireworks, match words, electroplating, beady rolling, glass blowing, brassware, lock making, glass blowing, lead mining and stone quarrying amongst several others. The child labour and abuses does not only take place in villages and rural areas but even in urban areas. BASIC CONSTITUTIONAL PROVISIONS FOR CHILD
The Indian constitution is supreme law of the land. Every citizen binds by the constitution. The constitution of India provides various rights and duties to the citizens. It also provides some noteworthy provisions for women and child. Child in nature is vulnerable and defendant on their caretakers. The special enactments towards children’s education are insisted in the constitution very strongly. The preamble also states that there should be justice, equality, fraternity, liberty among and towards the citizens. It guarantees child rights in some of the articles and provides some rights and prohibitory employment for the children. Even there are many provisions governing the rights of the child, child labor, child rape, the constitution will always supreme and upper hand in India. These are some constitution provisions which directly and indirectly governs the child labor rights and child protection. Article 14 – this article in the constitution states that everybody is equal and to bring equal protection of law Article 15 – prohibit the discrimination the grounds age, sex, race, caste. The article 15(3) gives special status to women and children Article 21 – protects the life and liberty of an individual except procedure established by law Article 23 – restrains trafficking of human beings, beggar and other similar forms of forced labour and any contravention of this provision shall be punishable under law. Article 39(f) – provides opportunities for children and facilities to develop in a healthy manner. INTERNATIONAL CONVENTION Be a voice of influence. International conventions are treaties and agreements between agreed countries. Children who are trapped in the domestic labours in age of six to fourteen has no access to education because the children working other than household is easy to identify, the work they are doing is hazardous to their health and the work the domestic workers are doing is going to affect their future. According to the ministry of labour press release 2229 violations have been filed against the notification of banning the domestic child labour below 14 has been detected. It is legally binding by the states which have agreed to be part of UN states. Minimum Age Convention No 138, 1973: The core idea of this convention is to maximise the minimum age of employment. It is to abolish the child labour and to bring peace and harmony in the lives of the children. To maximise the minimum age of employment in industries and household works. Ratification : in India 13th June 2017`it was ratified and made the employer age should not be under 14 if it below 14 then it is considered to be a child labour. Recommendation convention no: 146 which is to be read with convention no;138 which contains V schedules to promote national policy, minimum age for employment, not to work on hazardous industry, conditions of work, and enforcement of convention no 138. The minimum age has been adopted different ages by different countries. 51 states have come to conclusion by setting minimum age has 14 for all the states. The children below 14 should get compulsory education under Article 21A. Domestic Workers Convention No 189 2011: The main aim to bring an international convention is to provide some basic rights to the domestic workers from violence and abuse. The convention complies with R201 recommendation of decent work for the domestic workers. The major goal is abolish child domestic worker which comply with the article 21A of the constitution of India in its eighty sixth amendments. Then intent was first passed as directive principles of state policy article 45 and then it is not enforceable by courts and it is decided to include in the fundamental rights. This convention states that the member states of ILO should adopt the minimum age convention no 138 and set a minimum age for domestic workers. UN Convention on the Rights of Child Workers: This convention has been adopted and opened it for signature on 20 November 1989 and it came into force on 2nd September 1990. After which, it was ratified by various countries. India ratified UNCRC on 11th December 1992 accepts everything except certain restrictions on the reservation of child labour. There is a law in India that a child under 18 should not work in any kind of employment like in hazardous even as a domestic labour, restaurants, and hotel This convention consists of 41 Articles which included 4 important rights called Survival rights – it includes basic needs for existence such as shelter nutrition and clothing for the child Development rights – it includes right to education, access to information, to play, freedom of thought, religion and caste Protection rights- the child life should be safeguarded physically, mentally, psychologically. The acts which every country should be in concern of the protection of the child rights Participation rights- provide the right to the children to express opinions and to voice out for the things happen in their life. CONCLUSION: When a woman is a domestic labour, she is making her children to study and she considers education will be the only solution to her problem i.e. poverty. So, the young minds of this generation should get education and the government must also ensure that every organization and every head of the village, town and city to consider education as a basic requirement like food clothing and shelter as per Article 21 A of the constitution of India. Other basic requirements can be easily obtained from others but knowledge is which we gain from every place by themselves.