CHILD LABOUR AND HUMAN RIGHTS

INTRODUCTION Child is the highest, latest, greatest, live, creative and super-conscious grundnorm of this universe. It has been appropriately acknowledged and universally proclaimed that child is the father of man, child shows the man as morning shows the day, child is flower of human species, child is supremely important asset and most crucial human resource of the nation and healthy educated, prosperous and happy child is the nation's pride. It is the first and foremost duty of the State to ensure physical, mental, moral and social development of children in order to make the country strong. The term "Child Labour" is commonly interpreted in two different ways : first, as an economic practice and second, as a social evil. In the first context it signifies employment of children in gainful occupations with a view to adding to the income of the family. It is in the second context that the term child labour is now more generally used. In assessing the nature and extent of the social evil, it is necessary to take into account the character of the jobs on which children are engaged, the dangers to which they are exposed and the opportunities of development which they have been attention and is being exploited by the people who achieve their selfish ends. Child labour is an economic exploitation and abuse of childhood in industries, factories, mines, establishments, etc. The employers are exploiting the child labour in their own interest without considering their needs for healthy growth and development. Child is given lessor amount of wage, more working hours, beating and abusing by the employer at their work place not suitable working conditions and therefore child faces various kinds of problems violating his human rights having impact on his physical, moral, intellectual potential adversely.

CHILD LABOUR CONCERN

The international community has manifested serious concern about health, development, welfare, education and exploitation of child through its organisations in the form of declarations, conventions and recommendations. The noteworthy proclamations for the purpose are : Convention on the Rights of the Child, 1989; Declaration of the Rights of the child, 1959; Universal Declaration of Human Rights, 1948; Geneva Declaration of the Rights of the Child, 1924; International Year of the Child, 1979; ILO Conventions, etc. Universal Declaration of Human Rights and Constitution of India are contemporary documents. The concept of human rights influenced the framers of our Constitution and most of the human rights find place in the Constitution of India. Our fundamental law also appropriately recognised the significant place of children and guaranteed certain rights essential to develop their personality and sense of social responsibility. Article 24 and certain Directive Principles have a direct bearing relating to child labour and provide protection and bases for framing the benevolent laws regarding child labour. This mandate is vigorated, fortified and supplemented specially by clauses (e) and (f) Articles 39 and 45 of the Directive Principles of state policy. The directions in Articles 39 and 45 provide as to how the quality of life of children employed in the factories could be improved. LEGISLATIVE MEASURES In spite of laws to call a halt to child labour, the practice continues unabated. India is one of the few countries whose Constitution specifically respects the rights of children. The Constitution provides for prohibition of the employment of children. Article 15(3) of the Fundamental Rights enables the State to make special provisions for children (provisions relating to restriction of the employment of children in certain areas on the grounds of the nature of the work). Article 23 stipulates that traffic in human beings, buggery and other similar forms of forced labour is prohibited and that any contravention of these provisions shall be an offence punishable in accordance with the law. Article 24 states that no children below the age of 14 years shall be employed to work in any factory or mine nor engaged in any other hazardous employment. Article 39 (e and f) of the Directive Principles of the State Policy prescribes that the tender age of children should not be abused and citizens should not be

forced by economic necessity to enter avocations unsuited to their age and strength; also, that children should be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity; also, that childhood and youth shall be protected against exploitation and against moral and material abandonment. Article 45 stipulates that the State shall endeavour to provide, within a period of ten years from the commencement of the Constitution, free and compulsory education for all children until they reach age of 14 years. Apart from these, a number of laws also sought to outline the minimum age for employment. These laws include : The Factory Act, 1948; the Employment of Children (Amendment) Act, 1949; the Plantation Labour Act, 1951; the Mines Act, 1952; the Factories (Amendment) Act, 1954; the Merchant Shopping Act, 1958; the Motor Transport Workers Act, 1961; the Apprentices Act, 1961; the Beedi and Cigar Workers (Conditions of Employment) Act, 1966; the Employment of Children (Amendment) Act, 1978 and the Child Labour (Prohibition and Regulation) Act, 1986. No other country in the world has so voluminous legislation pertaining to a single subject, nevertheless result is still wanting. Do our laws have some flaws that still we have practise of child labour. JUDICIAL ENDEAVOURS Though it is said that judiciary is one of the weakest organ of the state, because it has no workforce of its own to monitor its decisions and directions, yet in India it's role is viewed as that of a saviour and protector of social justice and social progress. In Peoples Union for Democratic Rights Vs. Union of India, Justice P.N. Bhagwati and Bahrul have held that "apart from the requirement of ILO (International Labour Organization) Convention No. 59, we have article 24 of the Constitution which even if not followed up by the appropriate legislation, must operate "proprio vigorse" and construction work plainly and indubitably a hazardous employment, it is clear that by a reason of constitutional prohibition no child below 14 years can be allowed to be engaged in construction work, and specifically in employment of Children Act, 1938, no child below 14 years can be employed in construction work". In Labours Working on Salal Hydro Projects Vs. State of J&K and Others", the Supreme Court stressing the need to educate

children and has suggested that whenever the Central Government undertakes a construction project which is likely to last for some time, the Central Government must provide children of construction workers who are living at near the project site facilities for schooling and this may be done either by Central Government itself or if the Central Government entrust the Project Work or any part thereof to a Contractor, necessary provision to this effect may be in the Contract with the Contractor. The Supreme Court in Mohini Jain Vs. State of Karnataka has recognized primary education as an aspect of 'personal liberty' under article 21 of the Constitution. The legislature in accordance of it amended the Constitution and incorporated Article 21-A ensuring the compulsory education of child upto the age of 14 years.