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International and National Framework on Child labor
International framework to combat Child Labor:
The Convention on the Rights of the Child contains several articles that refer specifically to the issue of child labour. Article 32 calls for the recognition of the right of children to be protected from economic exploitation and dangerous labour that will be harmful to their health, physical, moral or social development.
Protection from sexual exploitation, including prostitution, is set out in article 34.
Six International Labor Organization (ILO) conventions relating to child labor have been ratified and three of them as early as first quarter of 20th century.
ILO Conventions 138 (1973) sets minimum ages for general, light or hazardous work. It defines child laborers as all children younger than 12 working in any economic activities, children 12–14 years old engaged in more than light work.
ILO Conventions 182 (1999) defines the “worst forms of child labor” in which children are enslaved, forcibly recruited, prostituted, trafficked, forced into illegal activities or exposed to hazards.
National Framework to combat Child Labor
The Indian Constitution incorporates provisions to secure children form labor.
Article 23 prohibits the traffic in human beings and forced labor.
Article 24 prohibits the employment of children below 14 years in factories, etc.
Article 39 states that the State shall direct its policy towards securing:
- that 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 protected against exploitation.
The current policy of the Government is to ban employment of children below the age of 14 years in factories, mines and hazardous employments and to regulate the working conditions of children in other employments.
•Relevant provisions under the Indian Penal Code that can be used to book a case:
• buying or disposing of any person as a slave (Section 370).
• habitual dealing in slaves (Section 371).
• unlawful compulsory labor (Section 374). |
The Children (Pledging of Labor) Act, 1933 declares illegal and void any agreement by a parent or guardian to pledge the labor of a child below 15 years. It also provides punishment for such parent or guardian as well as those who employ a child whose labor is pledged.
The Bonded Labor System (Abolition) Act, 1976 prohibits forcing a person into bonded labour for debt repayment. The act extinguishes all debt agreements and obligations. It prohibits creation of any new bondage agreement and discharges bonded laborers from all debts for which they were bonded. Compelling a person to render bonded labor is punishable under the law. This includes punishment for parents who pledge their child or other family members to work as a bonded laborer.
The Child Labor (Prohibition and Regulation) Act, 1986 prohibits employment of children below 14 years in certain hazardous processes and regulates it in certain other non-hazardous processes. See part on legislation and text.
The Juvenile Justice (Care and Protection of Children) Act, 2000. Section 24 of this Act provides punishment for those who procure or employ a child in any hazardous employment, keep her/him in bondage and withhold the child’s earning for their own purposes.
Other labor Acts that prohibit child labor and/or regulate working conditions for child laborers and can be used to book the employers include:
• The Factories Act, 1948.
• The Plantation Labor Act, 1951.
• The Mines Act, 1952.
• The Merchant Shipping Act, 1958.
• The Apprentices Act, 1961.
• The Motor Transport Workers Act, 1961.
• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
• The W.B. Shops & Establishment Act, 1963.
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