ASSIGNMENT WORK

2022

SUBMITTED ON THE TOPIC

SUBMITTED TO: SUBMITTED BY:

Dr. DRISTIRUPA PATGIRI NAME: SUNAYANA GUPTA

ASSISTANT PROFESSOR ROLL NO: 17 SEMESTER: 9TH

DEPARTMENT OF LAW COURSE NO: 904

ASSAM UNIVERSITY SUBJECT: COPORATE GOVERNANCE

SILCHAR COURSE:B.A LL.B(H)

 ACKNOWLEDGEMENT
It was a great pleasure to undertake this assignment. To make the final outcome
of any assignment successful it requires a lot of guidance and I am extremely
thankful to my teacher Dr.Drishtirupa Patgiri Mam, Assistant Professor
Department Of Law , Assam University who has provided me with this
opportunity to gain knowledge through this assignment.

I am also grateful to my family and classmates who constantly motivated

me to this assignment within the time period.

I am privileged to do this assignment and gain so much knowledge

through it. The assignment wouldn’t have completed without the enormous help
and guidance within the limited time frame.

THANKING YOU

Sunayana Gupta

9th semester, Roll no:17

B.A LL.B (HONOURS)

 Legal Provisions For Prohibition Of Child Labour :
The issue of Child Labour has always persisted in some form or the other in all societies of
the world. Child labour practice is a hindrance to the mental as well as physical development
of children as it deprives them of the most important phase of their life – their childhood

Child Labour Child labour can be defined or explained as a practice where children are
forced to engage or employed in any sort of economically beneficial activity on a part-time or
a full-time basis. Children engaged in this are generally deprived of basic childhood
experiences such as schooling and are physically and mentally scarred.

International Labour Organisation [ILO] defines child labour as a work that not only
affects their childhood but also doesn’t let the children attend the school regularly, or have a
proper education. Child labour also deprives children of their dignity, potential and
childhood. Children working below the age of 14 years are not able to develop mentally,
socially, physically or morally

Causes Of Child Labour

Poverty, illiteracy of parents, social and economic circumstances of the family are the main
causes of child labour. Lack of awareness related to the harmful effects of child labour and
lack of access to basic and quality education, cultural values of the family and the
surroundings of the society in which one is living, also increase the rate of child labour. High
rates of unemployment and under-employment also play a vital role in child labour.

Children who discontinue school due to family indebtedness or are expelled from the school
are more prone to child labour. Girls from socially disadvantaged groups are at a higher risk
of being forced into child labour.

Causes of child labour in India

In India, the major causes of child labour are:

1. Poverty: Children are considered helping hands of their family. In developing

countries, it is almost impossible to control child labour as children not only have
 to support themselves but their families also and provide them with a living. Due to
poverty, the rate of unemployment and underemployment are also very high and so
the parents have to send their children to work on low wages.

2. Previous debts: Due to their poor economic condition people take loans. But they
don’t have sufficient money to pay back the loans so they not only work day and
night to pay off the loans but they also drag their children to work so that the loan
could be paid off before time and easily.

3. Professional needs: Some industries require delicate and soft hands rather than
rough hands that are required in bangle industries. So they prefer children and not
adults for such work.

4. Bonded labour: Children often work for long hours in the sun and they are deprived
of water, food. These children are seldom paid. Bonded labour further adds to the
large scale increase in child labour.

5. Domestic help: Small children often work for educated families and irrespective of
several laws that violate the employment of children, they often welcome small
children so that these children can take care of their homes as well as their children.

6. Child sex workers: Often, girls who attained the age of puberty are forced into
prostitution in lieu of a promise that they would be given opportunities to do
glamorous jobs.

7. Forced begging: Families who can’t support themselves force their children to beg
on the roads in subhuman conditions. They get their children maimed in order to
get more money from the people.

Effects of child labour

Child labour is not something that needs recognition, in fact, if there is an increase in child
labour then it shows that the country has failed in providing basic necessities to its citizens,
especially children. In such cases, the effects of childhood are only negative. It not only
deprives a child of a proper childhood but also make them the victim of physical or mental
torture. The child becomes emotionally and mentally mature at an early age which is not a
good sign. It does not create but also extends poverty as the child is not able to get basic
education and he earns very less amount of money due to this, for his/her family. The child is
also paid less. Other effects of child labour are:
 1. Children might suffer from malnutrition, drug dependency and depression.

2. It might endangers children dignity and morals.

3. Children may be employed forcefully and they may be sexually exploited.

4. They might become victims of sexual and physical violence.

Constitutional Provisions for Child Upliftment

Article 21 A: Right to Education

The State shall provide free and compulsory education to all children of the age of 6 to 14
years in such manner as the State, by law, may determine.
Article 24: Prohibition of employment of children in factories, etc.

No child below the age fourteen years shall be employed in work in any factory or mine or
engaged in any other hazardous employment.
Article 39: The State shall, in particular, direct its policy towards securing

(e) that the health and strength of workers, men and women, and 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.

Since 1933, various laws have been made in India to control child labour. These laws
include:

1. Minimum Wages Act, 1948: The State Government fixes minimum wages that are
to be provided to the workers/labourers including the child labourers. The
government fixed wages according to the type of work and according to the class
of workers.
2. The Plantation Labour Act, 1951: This Act prohibits the employment of children
below the age of 12 years, but a child above the age of 12 years can be employed
only when the appointed doctor issues a fitness certificate to that child.
3. The Mines Act, 1952: This Act provides that no child should be present where the
work of mining is going on and no child should be employed for such work.
4. The Merchant Shipping Act, 1958: Except for a training ship, this Act does not
allow the employment of children below the age of 14 years in a ship. Also, a
person under the age of 18 years cannot be appointed as trimmers under this Act.
They can only be appointed under some specific conditions mentioned in this Act.
5. The Apprentices Act, 1961: Unless a child attains the age of 14 years and satisfy
the standard of education and physical fitness test, he cannot undergo an
apprenticeship training.
 6. The Indian Factories Act, 1948: No child below the age of 14 years shall be
employed in a factory. Also, there are rules that a factory has to follow if they
employ pre-adults that are between 15-18 years of age.
7. The Child Labour (Prohibition and Regulation) Act, 1986: No child who is less
than 14 years of age shall be employed in any hazardous occupations that are
provided in a list by law. This list is explained further in the article. This list was
amended not only in 2006 but also in 2008.
8. The Juvenile Justice (Care and Protection) of Children Act, 2000: If any person
employs a child in any of the hazardous work or use the child as a bonded labour
then that person will be punishable under this Act.
9. The Right of Children to Free and Compulsory Education Act of 2009: Free and
compulsory education must be provided to each and every children below 14 years
of age. In fact, to follow this Act efficiently, 25% of seats are also reserved in
every private school for children who belongs to the disadvantaged group and for
children who are physically challenged.
Child Labour (Prohibition & Regulation) Act?
Child Labour (Prohibition & Regulation) Act, 1986, was the culmination of efforts and
ideas that emerged from the deliberations and recommendations of various committees
on child labour. Significant among them are National Commission on Labour (1966-
69), Gurupadaswamy Committee on Child Labour (1979), and Sanat Mehta Committee
(1984). The basic objective of the Child Labour (Prohibition & Regulation) Act, 1986,
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.
PENALTY : Any person who employs any child in contravention of the provisions of
Section 3 of the Act is liable for punishment with imprisonment for a term which shall not
be less than three months but which may extend to one year, or with fine which shall not be
less than Rs 10,000 but which may extend to Rs 20,000, or both (Section 14 of the Child
Labour (Prohibition and Regulation) Act, 1986).

Child Labour Act, 2016

The Child Labour (Prohibition and Regulation) Amendment Bill, 2016 was passed by the
Parliament in July 2016. This Act not only amends the Child Labour Prohibition and
Regulation Act, 1986 but also widen its scope and provides for strict punishments in case of
its violation. The Child Labour Prohibition and Regulation Act, 1986 ban the employment in
83 hazardous occupations and processes for the children who are less than 14 years of age

The salient provisions of this Act are as follows:

1. In every occupations and enterprise, this Act completely prohibits the employment
of children who are less than 14 years of age. But if the child is employed in a
family business and his/her education is not hampered then he/she can continue to
be employed.
 2. A new category of persons is added in this act which is known as “adolescent”.
These are the children who are more than 14 years of age but less than 18 years.
They are prohibited to take employment in any hazardous occupations.
3. Child labour is made a cognizable offence through this Act. If a child is employed
when he/she is less than 14 years of age then the employer will be liable for
imprisonment from 6 months to 2 years or he/she will be liable for a penalty of
twenty thousand or fifty thousand or both for the first time. But in the case of a
habitual offender, the employer is liable for jail between 1 year to 3 years. If the
parent is the offender then a sum of Rs.10,000 is made payable as a fine and the
parents are subject to relaxed penal provisions.
4. Rehabilitation Fund for the purpose of rehabilitation of children is created under
this Act.
5. The hazardous occupation is brought down from 83 to 3. The Union Government is
empowered under this act to add or delete any occupation from the list that is
provided in this act. The three occupations that are considered as hazardous are
mining, inflammable substances and hazardous processes that are provided in the
Factories Act, 1948.
6. This Act provides power to the Government to make a periodic inspection to areas
where the employment of children is banned.
7. In order to ensure that the provisions of the law are properly implemented, for this,
the Government can give power to the District Magistrate.

International Conventions for Child Labour

.The International conventions which shaped the global legal framework for protecting
children from child labour are:

 UN CONVENTION ON THE RIGHTS OF THE CHILD (CRC) 1989:

It recognises the right of every child to be protected from economic exploitation and from
performing work that is hazardous or harmful to their health and development or that
interferes with their education. It also requires governments to set a minimum age for
employment and to provide for appropriate hours and conditions of employment.

 The Convention considers that childhood is separate from adulthood, and lasts until
18; it is a special, protected time, in which children must be allowed to grow, learn,
play, develop and flourish with dignity.
 The Convention became the most widely ratified human rights treaty in history and
has helped transform children’s lives.
Since the ILO’s creation in 1919, child labour has been a core concern There are 8
fundamental conventions of the ILO. These are:
 1. Convention number-29: Forced Labour Convention.
2. Convention number-105: Abolition of Forced Labour Convention.
3. Convention number-100: Equal Remuneration Convention.
4. Convention number-111: Discrimination(Employment Occupation) Convention.
5. Convention number-87: Freedom of Association and Protection of Right to
Organised Convention.
6. Convention number-98: Right to Organise and Collective Bargaining Convention.
7. Convention number-138: Minimum Age Convention.
8. Convention number-182: Worst form of Child labour Convention.

ILO MINIMUM AGE CONVENTION (NO. 138)

The ILO convention number 138 was adopted by the International Labour Conference in
June 1973 at its 58th session. This convention is also known as one of the basic human rights
conventions. ILO actively takes part to promote its ratification. Any country who ratified it
has to undertake:

1. For effective abolition of child labour, each country has to design a national
policy.
2. It also specifies the age for the entry to employment and that age should not be less
than the age which is necessary for compulsory schooling.
3. There should be fully physical and mental development of young people.
4. There should be a guarantee that the minimum age required for the entry in
employment should not compromise the health, safety and morals of the young
people and it should not be less than 18 years of age.

Worst Forms of Child Labour

This convention of ILO accompanies the Recommendation number 190. It was adopted by
the ILO in its 87th session which was held at Geneva in June 1999. It is referred to as one of
the basic “Human Rights Conventions”. The main provisions of this convention are:

1. The term child will be applicable to all the persons under the age of 18 years.
2. The worst form of child labour comprises of:

All forms of slavery and also the practices of slavery. It includes sale, trafficking, debt
bondage, serfdom, forced labour, forced labour for use in armed conflict.
Procuring or use and trafficking of children for illicit activities. It also includes the
production and trafficking of drugs that is defined in some relevant international
treaties.
Using the child for prostitution or pornography or pornographic performances.
 It also includes any work that not only harms the health but also the safety and morals
of the children.

 M.C. Mehta Vs State of Tamil Nadu, 1997[6]

Landmark Judgment for eradicating child labour under Article 14

In this case, in regard with the constitutional perspective of the abolition of child labour and
the employment of child below the age of 14 years in the notorious Sivakasi Match
Industries.
Taking note of the cause for failure to implement the constitutional mandate, the Court
declared the directions as feasible inevitable and reiterated that for the speedy
implementation.

 Bandhua Mukti Morcha Vs Union of India, 1997[7]

Evolving the principles and of policies for progressive elimination of child labour
In the following judgment, for the case of employment of children in Carpet Industry in the
State of Uttar Pradesh, the Supreme Court directed the government to evolve the policies for
progressive elimination of child labour and to provide:

Compulsory education for all children employed in factories, mine or any other industry,

organized or unorganized labour with such timings s is convenient for getting compulsory
education, also higher or vocational education;
 Apart from education, periodical health checks-up;
 Nutrient food etc.
 People’s Union for Democratic Rights Vs Union of India,1982[8]

Construction work is considered as hazardous and must be prohibited under Article 24

The Supreme Court provided that building construction work was a hazardous employment
where children below 14 years should not be employed, and the prohibition contained in
Article 24 could be plainly and indubitably enforced against everyone, whether State or
private individual.

 Bandhua Mukti Morcha Vs Union of India, 1984[9]

The bonded labour was declared as a crude form Forced labour

The Apex court observed that failure of State to identify the bonded labourers, to release
them from their bondage and to rehabilate them as envisaged by Bonded labour System
(Abolition) Act, 1976, violated Articles 21 and 23. The Court declared bonded labour to be
prohibited by Article 23.

1. On 24 December 2010 in Bachpan Bachao & Ors. vs Union Of India & Others,
“Delhi High Court decides upon the duties of the Commission and the Committee.
 The Bench and the Jury shall entertain complaints made by the domestic workers
herself/himself of through her/his guardian, NGOs managing Childline services, the
employer or the police in appropriate cases.
The Commission and the Jury may hear the following types of cases

1. Abusive working conditions which are after the physical extent of the child in
situations where persons between the ages of 14 and 18 are employed;
2. Long hours of work;
3. Absence of principal services including medical care and food.

The Bench or the Committee shall determine the objection build within a duration of
30 days”
SUPREME COURT JUDGEMENT ON CHILD LABOUR Hon‟ble Supreme Court of India
has issued various directions to the State Governments from time to time. Some of these
directions are: completion of survey of children working in hazardous employments;
payment of compensation amounting to Rs.20,000/- by the offending employer for every
child employed in contravention of the provisions of the Act; giving alternative employment
to an adult member of the child withdrawn from the hazardous occupations or payment of
an amount of Rs.5,000/- for each child employed in hazardous employment by the
appropriate Government; payment of interest on the corpus of Rs.25,000/- (Rs.20,000/- by
the employer and Rs.5,000/- by the appropriate Government) to the family of the child
withdrawn from work; provision of education in a suitable institution for the child withdrawn
from work; constitution of the Child Labour Rehabilitation-cum-Welfare Fund;
constitution of a separate cell in the Labour Department of the appropriate Government for
the purpose of monitoring.
Conclusion
Society plays a big role in increasing the child labour because after knowing all about
what kind of evil child labour .in order to protect children from this evil, the attitude of
society that one should be benefited in each and every circumstance must change.

It is relevant to mention that the Judiciary played a very important role in the protection
of child labour. The Judiciary has always taken preventive measure to safeguard them
from the employer by fixing their working hours, providing medical facilities, fixed the
number of wages etc. The Judiciary has also directed State authority to create an
environment where the child can grow and develop his personality without facing any
abuse as mentioned in our constitution. What this paper calls for, more than anything, is a
context-sensitive approach to understanding child labour in a country as large and diverse
as India. With several judgements, time and again emphasizing on the dos and don’ts an
employer must keep in mind with regards to employing an adolescent, the awareness has
increased and the engagement of organization’s in child labour has decreased.