[Cites 5, Cited by 1077]
[Constitution]
Constitution Article
Article 24 in Constitution of India
24. 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.Editorial Comment - Article 24 of the Indian Constitution pertains to the prohibition of child labor. It aims to protect the rights and welfare of children by prohibiting their employment in certain hazardous occupations or processes.Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or hazardous occupation. The intention is to prevent exploitation, safeguard the health and development of children, and ensure their access to education. The article allows for certain exceptions where child labor may be permitted, such as engaging children in non-hazardous family-based work, work as part of a school's curriculum, or in any other harmless or innocent occupation.
This article also empowers the government to enact legislation to determine the specific occupations and processes that are considered hazardous for children. The government has the authority to impose necessary restrictions and regulations to enforce this provision effectively.
Article 24 is closely linked to Article 21A, which guarantees the right to education for children between the ages of 6 and 14 years. By prohibiting child labor, Article 24 promotes the realization of the right to education and ensures that children have the opportunity to develop their potential and skills through proper schooling.
In this landmark case, M.C. Mehta v. State of Tamil Nadu (1997), the Supreme Court addressed the issue of child labor in the firecracker industry. The court prohibited the employment of children in hazardous industries, including the manufacture of firecrackers. It emphasized the importance of enforcing Article 24 to protect the rights and welfare of children and directed the government to take necessary measures to eradicate child labor.
In People's Union for Democratic Rights v. Union of India (1982), The Supreme Court dealt with the issue of child labor in matchbox factories. The court recognized that child labor in hazardous industries was a violation of their fundamental rights. It held that the prohibition on child labor under Article 24 must be effectively enforced to ensure the well-being and development of children.
In Bachpan Bachao Andolan v. Union of India (2011), the Supreme Court addressed the issue of child labor in various industries, including carpet weaving. The court reiterated the importance of implementing and enforcing the provisions of Article 24 to eradicate child labor and protect the rights of children. It directed the government to take measures for the rescue, rehabilitation, and education of children involved in labor.ReferencesIndianKanoonConstitutionofIndia.net Legal Service India Academic Article