Examining the Evolution of Child Labour Laws: National and Global Standpoint

Authors

  • Nilanjana Banerjee Student, Faculty of Law, National University of Study and Research in Law, Ranchi, Jharkhand, India

Keywords:

Child labor, socio-economic, labor law codes, legal lacunae

Abstract

Child labour is not any new menace; however, it has been an unspoken topic. Although it has been practiced since ages, however, it was not until the last century that the matter became principally addressed due to the socio-economic background of India. Since then, authorities have been devising methods to tackle this peril which has defaced many children and impeded them from enjoying their life up to its full potential. This is prevalent not just in India, but almost everywhere across the globe. Only after it garnered sufficient attention, several international conventions have been promulgated to regulate child labour and outlaw this practice, though not in its entirety. Neither in international arena nor national, there is an absolute ban on the child labour. We can find restrictions either on minimum age of children being employed or their latitude of working. This somewhat leaves an elbow room open for the employers to exploit child labour. Moreover, sudden clamping of lockdown 3 years back had
exacerbated the matter when financial condition worsened and soon after lockdown was lifted, these children were again involved in work. The present labour law codes which are yet to be effectuated do not specifically mention about children except for one instance where children below 14 years are not allowed to work in mines or factories. While, children of 14–16 years can join only as apprentice. However, this provision has been nullified by another provision of the same act, resulting into no prohibition on children. These significant legal lacunae can be used tactfully for exploitation of the bubbling energy. Such has been discussed in this study, along with tracing the growth of laws concerning the same.

References

1. Child Labour In India . Wikipedia. [Online]. Available at http://en.wikipedia.org/wiki/Child_labour_in_India (last visited May 8, 2022).

2. Arif Fear, Elizabeth, Child Labor in the UK: 4 key trends you need to know, Croydon Community Against Trafficking . [Online]. Available at http://theccat.com/2021/06/child-labour-in-the-uk-4- key-trends-you-need-to-know/

3. J. R Unnikrishnan v. State of Andhra Pradesh (1993) 1 SCC 645.

4. Child Labor in the United States . aft- a union of professionals, available at https://www.aft.org/community/child-labor-united-states (last visited on May 10, 2022).

5. Mishra Asit Ranjan. (2016). Claims on engaging child labour puts India in US crosshairs. [Online]. Livemint. Available at https://www.livemint.com/Politics/lfpjxwF0B1V6g3Vpg8PnXO/Claims- on-engaging-child-labour-puts-India-in-US-cross-hairs.html

6. Arif-fear Elizabeth. (2021). Child Labour in the UK: 4 key trends you need to know . [Online]. Available at http://theccat.com/2021/06/child-labour-in-the-uk-4-key-trends-you-need-to-know/

7. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 1.

8. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 2.

9. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 5.

10. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 7.

11. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 8.

12. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 9.

13. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 10.

14. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 12.

15. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 13.

16. Directive 94/33/EC on the Protection of Young People at work, 1994, Art 14.

17. Child Labor -Global Estimates 2020, UNICEF & ILO . [Online]. (available at https://www.ilo.org/wcmsp5/groups/public/---ed_norm/--- ipec/documents/publication/wcms_797515.pdf).

18. C-138- Minimum Age Convention, 1973, Art 4.

19. C-138- Minimum Age Convention, 1973, Art 3.

20. C-138- Minimum Age Convention, 1973, Art 7.

21. INDIA CONST. 1950, art 24.

22. INDIA CONST. 1950, art 21A.

23. INDIA CONST. art 269, amended by The Constitution (Eighty second amendment) Act.

24. INDIA CONST., 1950 art 51A (k).

25. Unnikrishnan, JP v. State of Andhra Pradesh, AIR 1993 SC 2178.

26. People's Union for Democratic Rights v Union of India, AIR 1982 SC 1473.

27. INDIA CONST. 1950, art 39(e).

28. Bandhua Mukti Morcha v. UOI, AIR 1997 SC 2218.

29. Child Labor (Prohibition and Regulation) Act 1986, s.22, No. 62, Acts of Parliament 1986 (India).

30. Child Labor (Prohibition and Regulation) Act 1986, s.2(ii), No. 62, Acts of Parliament 1986 (India).

31. Child Labor (Prohibition and Regulation) Act 1986, S.3, No. 62, Acts of Parliament 1986 (India).

32. Child Labor (Prohibition and Regulation) Act 1986, S.5, No. 62, Acts of Parliament 1986 (India).

33. Child Labor (Prohibition and Regulation) Act 1986, S.7, No. 62, Acts of Parliament 1986 (India).

34. Child Labor (Prohibition and Regulation) Act 1986, s. 9, No. 62, Acts of Parliament 1986 (India).

35. Child Labor (Prohibition and Regulation) Act 1986, S.10, No. 62, Acts of Parliament 1986 (India).

36. Child Labor (Prohibition and Regulation) Act 1986, S.11, No. 62, Acts of Parliament 1986 (India).

37. Child Labor (Prohibition and Regulation) Act 1986, S.13, No. 62, Acts of Parliament 1986 (India).

38. Child Labor (Prohibition and Regulation) Act 1986, S.14, No. 62, Acts of Parliament 1986 (India).

39. NCLP, Government of India, Ministry of Labor & Employment . [Online]. Available at https://labour.gov.in/childlabour/nclp (last visited on May 9, 2022).

40. Press Information Bureau, Government of India, Ministry of Labor & Employment . [Online]. Available at https://pib.gov.in/Pressreleaseshare.aspx?PRID=1593410 (last visited on May 9, 2022)

41. Reclaiming Public Provisioning -Priorities for the 12 th Five Year Plan . [Online]. Available at https://www.cbgaindia.org/wp-content/uploads/2016/03/Reclaiming-Public-Provisioning- Priorities-for-th-12th-Five-Year-Plan-1.pdf (last visited May 10, 2022).

42. Child Labor (Prohibition and Regulation) Act 2016, S.3A, No. 62, Acts of Parliament 1986 (India).

43. Child Labor (Prohibition and Regulation) Act 2016, S.6, 7, 8, 9, 10, 11, No. 62, Acts of Parliament 1986 (India).

44. Child Labor (Prohibition and Regulation) Act 2016, S.14, No. 62, Acts of Parliament 1986 (India).

45. Child Labor (Prohibition and Regulation) Act 2016, S.14A, 14B,14C,14D, No. 62, Acts of Parliament 1986 (India).

46. Child Labor (Prohibition and Regulation) Act 2016, S.17A, 17B, No. 62, Acts of Parliament 1986 (India).

47. Child Labor (Prohibition and Regulation) Act 2016, S.3 (2)(b), No. 62, Acts of Parliament 1986 (India).

Published

2023-09-06