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INTRODUCTION The significance and importance of child lies that if there is no proper growth of child today, future of country will be in dark.it is thus obligation of every generation to bring up children who will be citizen of tomorrow in proper way. every society must devote full attention to ensure that children properly cared for and brought up in proper atmosphere. Justice subba rao social justice must begin with children and reality is that child is bieng exploited by people who achieve their social ends and it is duty of state to protect children by legistative and other means. Child labour is voilations of human rights and considered to be a necessary evil in poor economy in India.This hampers there

normal,physical,mental,moral,emotional and social growth.1 DEFINITION OF CHILD LABOUR Child Labour- can be defined as segment of child poulation which participates in work either paid or unpaid. Hommer Folks Chairman Of United Nation Labour Committee defined child labor as or any work of children that interferes with their full physical deveolpment,their full physical development, their opportunities for desirable

level of education of their needed recreation. Child labour is socio economic phenomenon arising out of poverty and lack of development.The circumstances forces children to to work such as pecuniary position of family.children development depends on socio economic development of region.2

1. 2.

P.L Mehta ,Ss Jaiswal,Child Labour & Law 86(1996) Id At 286

CONCEPT OF CHILD AGE UNDER CONSTITUTION AND INDIAN LEGISLATIONS Constitution article 24-prohibition of employment of children in factories or mine or other hazarduous employment below 14 years. Article 45 Free compulsory education for children upto 6 to 14 years Legislations In India The Labour Act 1951 child means person under age of 15 years. The Merchant Shipping Act 1958 employment of children below 15 years as sea man is prihibited. The Motor Transport Workers Act 1961,Section 21- child under 15 years not permitted to work in motor transport undertakings. The Bidi And Cigar Workers Act 1966- Sec 24 no child below 14 years shall be required or allowed to work in industrial premises.3

3.Babita Aggrawal, Child Labour 89(2008)

CATAGORIES OF CHILD LABOUR 1. Carpet Weaving 2. Gem Polishing 3. Glass Bangle Making 4. Bidi Making 5. Match Sticks Making, Fire Works Making 6. Rag Picking 7. Construction Work 8. Agriculture 9. Domestic Work 10.Pottery Works
4

4.Dipak Das,Child Labour In India 94 (2011)

CLASSIFICATION OF CHILD LABOUR 1. Within The Family children engaged without pay in domestic works,house hold tasks,pastoral works,handicrafts works and cottage industries. 2. Outside The Home migrant labour in agriculture work,construction work and informal occupations eg.recycling of waste,laundry.unskilled occupations, skilled trades, commercial works in shops and

rastaurants,prostitution,pornography.5 CAUSES FOR CHILD LABOUR Poverty poverty force the children to do work and earn money. Socio Economic Parameters place of origin, caste ,religion and parental occupations. Lack Of Educational Facilities Children Leave Home due to ill-treatment by drunken father,relatives,step mother Caste System-dalits are employed in leather processing units,all scavengers work done by dalits Illiteracy- illiteracy is the main factor of child labour,illiterate parents not know the values of education so they force children to work and earn money. Cheap Labour Social Back Ground- caste, fathers occupation, and economic status of family6

4)Dipak Das,Child Labour And Law94(2011) 5.ID AT 264 6.ID AT 166

CHILD LABOUR AND HEALTH HAZARDS Carpet Weaving-Asthma,Eye Strain,Retarted Growth,Spinal Problems Gem Polishing Eye Strain,Stiffness Of Limbs,Stomach Cramps Bangle Making-Burns And Cuts ,Asthma,Bonchitis,Silicosis,Tuberculosis Rag Picking Tetanus.Cuts,Skin Desease, Match Works And Fire Works Makings-Breathing Problems,Burns,Dizziness,Stomach Cramps. Constuction Works-Body Injuries,Stunted Growth Agriculture- Dizziness,Asthma, Domestic Works- Accidents,Cuts,Burns 7

7.The Tribune 2nd Oct 2012

CHILD LABOUR WELFARE UNDER INDIAN CONSTITUTION Child Labour Welfare Under Fundamental Rights 1. ARTICLE 14 Equality before law and equal protections to all persons within territory of india. 2. ARTICLE 15-prohibits discriminations on ground of religion race ,caste ,sex,class or place of birth 3. ARTICLE 15(3)-enables the state to make special provisions in its law for giving favourable treatement to children and women. 4. ARTICLE 21- provides protection of life and personal liberty of people including children .RIGHT TO LIFE is to be with human dignity and values. 5. ARTICLE 23-prohibits traffic in human beings,beggars and other similar formsof forced labour and exploitation. 6. ARTICLE 24)- prohibits employment of children below the age of 14 years in factories, mines or hazarduous employments. 8

8.The Constitution Article 14-15-15(3) 21,23,24

DIRECTIVE PRINCIPLES OF STATE POLICY 1. ARTICLE 39 (e)-obligations ofstate to safeguard the health of children and afford opportunity to grow with dignity. 2. ARTICLE 41 obligates the state to make effective provisions RIGHT TO WORK,EDUCATION AND PUBLIC ASSISTANCE IN CERTAIN CASES. 3. ARTICLE 42- requires state to makeprovisions for securing just and humane conditions of work and and maternity relief. 4. ARTICLE 45-imposes a duty upon state to provide free and compulsory education until the complete age of 14 years. 5. ARTICLE 46 state shall promote with special care, education and economic interest of weaker sections of people and protect from all forms of exploitations.9

9.THE CONSTITUTION ARTICLE 39,41,42,45,46

CHILD LABOUR WELFARE LEGISLATIONS

1. THE CHILDREN(PLEDGING OF LABOUR) ACT 1933-the main object of this act is to eradicate the evils arising from the pledging of labour of young children by their parents employers in lieu of loans or advances. 2. EMPLOYMENT OF CHILDREN ACT 1938 the main object of this act is to prevent employment of children in hazarduous employments andcertain catagories of unhealthy occupations. 3. THE FACTORY ACT 1948 states that children below 14years are totally prohibited by this act from entering into employment in factory. 4. THE CHILD LABOUR (PROHITION AND REGULATIONS ACT)1986THEact states prohibition the engagement of chidren in certain employments and to regulate the conditions of works of children in certain other employments below age of 14 years. 5. BIDI AND CIGAR WORKS ACT (CONDITIONS OF EMPLOYMENT)ACT 1966-THE act provides that no child should br required or allowed to work in industrial premises below 14 years and employment of children between 14 to 18 years is prohibited between 7 p.m to 6 am.

NATIONAL HUMAN RIGHT COMMISSION WORKSHOP AND ANNUAL REPORTS NATIONAL WORKSHOP ON ELIMIINATION OF CHILD LABOUR AND BONDED LABOUR SYSTEM-ON 27 JUNE 2007 at habitat centre under chairman ship of justice rajendrababu and various guidelines were issued for prevention of child labour. NATIONAL HUMAN RIGHT COMMISSION ANNUAL REPORTS published every year for prevention of child labour.10 TIMES OF INDIA.NEWSPAPER REPORTS ON CHILD LABOUR 4 SEP.2013-A DELHI BASED BUSINESSMAN ARRESTED BY MUMBAI CENTRAL GRPF FOR HIRING 14 YEAR OLD GIRL FROM DOMESTIC PLACEMENT AGENCY. 22 JULY 2013-MALKAL SAHAI ALONG WITH LABOUR

DEPARTMENT AND NON GON GOVT.ORGANIZATION RESCUED 14 CHILDREN EMPLYED IN BAG MAKING UNIT. 15 JULY 2013 GROUP OF NON GOVT.ORGANIZATION AND LABOUR DEPARTMENT LAUNCHED CHILD LABOUR FREE CITY DRIVE.

10. 27 JUNE 2007 NATIONAL HUMAN RIGHT COMMISSION REPORT

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JUDGEMENTS OF SUPREME COURT ON CHILD LABOUR 1. M.C MEHTA V/S STATE OF TAMIL NADU-AIR 1997 SC 699-issued guidelines on elimination of child labour-1)withdrawn of children in hazardous industries and ensuring education in appropriate institution. Contribution of 20,000 per child to be paid by offending employers of children to welfare fund in contravention of child labour(prohibition and regulation )act 1986 Employment to one adult member of family of child so withdraw from work. Child labour will be offence under section 374 indian penal code 2. CHILD WELFARE COMMITTEE V/S G.N.C.T.D-WP(c)NO. 6830 0F 2007 AND C.M 14015/2007-HONOURABLE COURT OBSERVED that monitoring functioning of placement agencies would have to be undertakenon for more rigorous scale to ensure that minors are not allowed to be employed and placed in domestic household. 3. W.P (C) 9767 /2007-COURT OF ITS MOTION V/S GOVT.OF N.C.T HONOURABLE COURT held that today children constitute tomorrow .to ensure bright future of our children we have to ensure that they are educatedand steering committees are set up at state level and district level.11 4. PUNJAB AND HARYANA HIGH COURT P.I.L 2693 OF 2010-honourable court directed that there shall be total ban on employment upto age of 14 years be it at hazarduous and non hazarduous industries.THERE should be no forced labour between age of 14 years to 18 years 12 5. LABOURERS WORKING ON SALAL HYDRO PROJECT V/S STATE OF JAMMU AND KASHMIR held thatchild below 14 years must not be working in dangerous project where various deseases can attract them

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6. M.C MEHTA V/S STATE OF TAMIL NADU S.C 786 AIR 1998 ISSUED various guide lines for prevention of child labour and protecting them from exploitations at tht hand of rich employers.
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INITIATIVES AGAINST CHILD LABOUR BY GOVT. AND NON GOVT.ORGANISATIONS IN 1979 the Indian govt. formed the gurupadswamy committee to find out about child labour and means to tackle it .A national policy on child labour was formulated in 1987 to focus on rehabilating children working in hazardous occupations.the ministry of labour and employment had implemented around 100 industry specific national child labour projects to rehabilate the child workers since 1988.)

11. SC 699,AIR 1997, WP No.6830 Of 2007,WP(1) No 6830 Of 2007,WP 9767/2007 12. PB & HR High Court PIL 2693 Of 2010 13. SC 76 AIR 1998

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REHABILITATIONS PROGRAMMES-BY GOVT. ORGANISATIONSNATIONAL CHILD LABOUR PROJECTS PROGRAMMES 1. Non formal educations-evening classes,weekend schools for juveniles. 2. Vocational training for children-for 10 years and above. 3. Mobile health trains-visits child labour area in rural and cities. 4. Night shelters-especially for street children. 5. Police and municipalities to more sympathetic towards children. 6. Creations of public awareness through media campaigns and street theatres. 7. Enforcement of minimum wages=equal wages for children and adults. 8. Strenghning of anti poverty programmes. 9. Effective implementations of existing laws=through training of labour inspectors and speedy disposals of child labour cases in labour courts. 10.Proper utilizations of project money on child benefits. 11.Formal and non formal education programmes-special schools (child labour rehabilitations cum welfare centres)these schools should offers stripends, national services and health services to children and proper training to teachers to teach children in proper way. 12.Income and employment generation activities to families 13.Raising of public awareness. 14.Creating awareness of harmful effects of child labour among families and their children. 15.Survey and evalution of child labour 16.Assistance of voluntary organizations in running nclp schools 14

14. PL Mehta, SS Jaiswal ,Child Labour & Law 86 (1996)

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NON GOVT. ORGANISATIONS MANY N.G.Os like bachpan bachao andolan.care india,child right and you.global march against child labour,ride india.have been working to eradicate child labour in india. PRATHAM IS india largest non govt. organization with the mission every child in school and learning well founded in 1994.pratham has aimed to reduce child labour and offer schooling in children irrespespective of their gender.religion and social background.it has grown by introducing low cost education models.in 2005 pratham was involved in coordinating a child labour rescue operations with india ministery of labour and police when around 500 children were rescued from zari swaet shops in new delhi. YOUTH FOR UNITY AND VOLUNTARY ACTION ORGANISATION based in Bombay since 1984 is working with street children.providing education,food ,shelter. RUGMARK FOUNDATION-CONSTITUTED IN 3 october 1994 with

representative of Indian carpet trade union, Indian ngo for free those carpets products which are meant for export with child labour.15

15. The Times Of India 26 June 2011

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INTERNATIONAL N.G.Os 1. Syndicate non govt. Organisation 2. Bread for the world 3. Step non govt. Organisation 4. Child labour action support programme-germany financed programme in india.and provided schools books. A LEGAL FRAME WORK ON CHILD LABOUR BY UNITED NATIONS 1. UNITED NATION AGENCIES WERE SET UP FOR PREVENTION OF CHILD LABOUR.THEY ARE UNICEF-UNITED NATION CHILDREN FUND I.L.O-INTERNATIONAL LABOUR ORGANISATION THESE 2 agencies define problems of child labour and develop international frame wrok to prevent themas a result of their work we have several international treaties and conventions,banning child labour.once the country ratifies conventions united nation bodies monitarcompliance and hold country for violations.16

16. Parasher.S,United Nations & India 139/139,141(2001)

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VARIOUS I.L.O CONVENTIONS 2. In I9i9-Ist Ilo Convention Prohibited Age Belw 14 Year In Industrial Eastablishments 3. In 1930-Convention Of Ilo Prohibited Children From Forced Labour And Compulsory Labour And Provided Safeguard Against Child Labour. 4. In 1966-Convention Of I.L.O-The International Convention On Civil And Political Rights In Re Emphasing Issue Of Slavery And Forced Or Compusory Labour Adopted By General Assembly.17

17. 17. Parasher.S,United Nations & India 135-2001

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REVIEW OF LITERATURE THERE is limited literature on topic of child labour and an effort has been made to review it here under CHILD LABOUR AND THE LAW written by P.L MEHTA AND S.S JAISWAL is vast book on child labour and law.the authors had explained the problems of child labour.and mentioned that children must not be deprived of education ,proper health and basic amenities of life.18 CHILD LABOUR IN INDIA WRITTEN BY DIPAK DAS-The author had explained in detail and in simple language about the growth of nation that depends on the growth of children.society develops when child develops.they required special law for protection due to their tender age,physique,and mental level.govt. should be of great concern towards child development for an overall development of human resource.19 CHILD LABOUR WRITTEN BY BABITA AGGARWAL.THE author had explained about the child dignity and causes consequences of child labour and the problems of child labour and judicial activism.the areas of child labour where they work like agriculture,manufacturing industries and domestic and other services are the main sectors of their work.20 CHILDREN AT RISK WRITTEN-BHATT PREET- mentions child labour issue and causes and interventions of child labour.and effects on child health by working in hazarduos factories.child labour and govt. policies.and various concept on child labour and society.21 UNITED NATION AND INDIA WRITTEN BY PARASHAR.S-explained the strategy to eliminate child labour and mention the strategy of united nations on child labour in india.and what is judiacial response to child labour by govt of india
22

18. 19. 20. 21. 22.

Child Labour And The Law ,P.L Mehta And S.S Jaiswal 86(1996) Child Labour In India ,Dipak Das 94(2011) Child Labour ,Babita Aggarwal 89(2008) Children At Risk ,Bhatt Preet 79(2008) United Nation And India ,Parashar.S 139/141(2001)

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RESEARCH METHODOLOGY AS Present work requires analytical and empirical research in this area.material for the proposed study will be collected from various primary and secondary source.in this study various sources like the descions ,observations of courts in india articles in various newspapers.books,etc.will be critically examined.formal and informal methods shall be employed to extract information relating to research study. OBJECTIVES OF THE STUDY The following are the objectives1. To study and comprehend the existing child labour laws in india 2. To study and comprehend the historicak back gruond of child labour. 3. To study the constitutional validity of child labour. 4. To study the role of judicial approach regarding child labour. 5. To examine case laws to see how various judgements on child labour stands judicial scrutiny. 6. To study role of united nations and various its agencies.

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TENTATIVE CHAPTER SCHEME OF THE STUDY We shall divide the study into following1. Introduction 2. Definition Of Child Labour 3. Concept Of Child Age Under The Constitution And Indian Legislations 4. Catagories Of Child Labour 5. Classification Of Child Labour 6. Causes For Child Labour 7. Child Labour And Health Hazards 8. Child Labour Welfare Under Indian Constituion 9. National Human Right Commission Workshop And Annual Reports 10.Newspaper Report S On Child Labour 11.Judgements Of Supreme Court On Child Labour 12.Initiatives Against Child Labour By Govt.And Non Govt.Organisations 13.A Legal Framework On Child Labour By United Nations. 14.Conclusions And Suggestions

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BIBLIOGRAPHY BOOKS 1. P.L MEHTA.S.S JASWAL;CHILD LABOUR NAD LAW;DELHI;DEEP AND DEEP PUBLICATIONS;1996 2. BABITA AGGARWAL;CHILD LABOUR;MAHAMAYA PUBLICATIONS;DELHI;2008. 3. DIPAK DASS;CHILD LABOUR IN INDIA;DEEP AND DEEP PUBLICATIONS;2011. 4. BHAT PREET;CHILDREN AT RISK;MANORAM PUBLICATIONS;2008 5. PARASHAR.S;UNITED NATIONS AND INDIA;JAWALA PUBLICATIONS HOUSE;2001.

STATUTES 1. THE CONSTITUTION 2. THE CHILD LABOUR (PROHIBITION AND REGULATION ACT) 1986 3. THE LABOUR ACT 1951 4. THE MERCHANT SHIPPING ACT 1958 5. THE BIDI AND CIGAR WORKER ACT 1966 6. THE CHILDREN PLEDGING ACT 1933 7. THE EMPLOYMENT OF CHILDREN ACT 1938 8. THE FACTORY ACT 1948

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JOURNALS/REPORTERS 1. ALL INDIA REPORTER 2. SUPREME COURT CASES 3. HIGH COURT CASES 4. CRIMINAL LAW JOURNAL

NEWSPAPERS1. THE TIMES OF INDIA 2. THE TRIBUNE 3. THE HINDU

WEBSITES 1. www.child labour.html 2. www.courts.ie 3. www.ndtv.com 4. www.wikipedia.org