INSTITUTE OF LAW

NIRMA UNIVERSITY

Research Paper
of
Offences Against Child and Juvenile
[2CRM933]
on

Child Labour and Its Link to Bonded Labour

Practices in India

SUBMITTED TO – SUBMITTED BY –
Ms. Gauri Tiwari Pooja K Jojo
Lecturer Roll No. 19BBL039
Institute of Law BCom LLB (Hons.)
Nirma University SEMESTER IX
 Child Labour and Its Link to Bonded Labour Practices in India
Introduction
In India, child labour, defined as the employment of minors in work that is detrimental to
their physical and mental development, remains a pervasive problem. The country has one of
the largest child labour populations in the world, with millions of children engaged in various
forms of hazardous labour. Despite the existence of laws and policies to combat child labour,
enforcement and implementation remain problematic, and underlying factors such as poverty,
lack of access to education, and social acceptability continue to fuel this alarming practise.
On the other hand, bonded labour is a type of modern slavery in which people, including
children, are forced into labour through coercion, exploitation, or other means. The factors
that contribute to both child labour and bonded labour frequently coexist. Despite being
illegal, bonded labour still exists in India, furthering the exploitation cycle and sustaining
child labour.
Despite notable improvement in many development sectors, India still struggles with two
interconnected societal problems: child labour and bonded labour. These issues, which have
their roots in poverty, socioeconomic inequality, and historical traditions, have a significant
impact on both the afflicted people and society as a whole. In order to better understand the
complex relationship between child labour and bonded labour practises in India, this research
study will look at the causes of these problems as well as their effects on the children,
families, and communities who are affected.
Objectives
To investigate and understand the interconnected nature of child labor and bonded labor in
India.
To examine the consequences and impact of child labor and bonded labor on the affected
children, their families, and the larger society.
To assess the legal framework and enforcement mechanisms in place to combat child labor
and bonded labor in India.
Research Methodology
The methods and tools used to conduct the research would include a collection of data and
their analysis by including in-depth case studies to illustrate the link between child labor and
bonded labor in different regions and contexts within India. This could be done by utilizing
existing data sources, reports, academic literature, and government publications.
Literature Review
In the article titled ‘Children at Work, Child Labor and Modern Slavery in India: An
Overview’1 authored by R.N Srivastava, talks about child labor extensively. With an
estimated 40 million kids working in various jobs in India, child labour is still a serious

1
Srivastava, Rajendra N. "Children at work, child labor and modern slavery in India: an overview." Indian
pediatrics 56 (2019): 633-638.
problem. As a result of the frequent forced labour or lack of other options, this issue is
frequently compared to modern-day slavery which the article mostly focuses on. They can be
found in dangerous jobs that expose workers to hazardous machinery, chemicals, and
working conditions. Many are also forced into bonded slavery, and in cities, kids labour as
housekeepers, servers, or mechanics.
This paper titled ‘A Critical Analysis Of Child Labour In India’2 co-authored by Mrs. Niti
Nagar and Mrs. Bindu Roy aims to analyze the multifaceted factors contributing to child
labor, shedding light on areas where discrimination in child labor is prevalent. It underscores
the need for a comprehensive approach to address the root causes and manifestations of child
labor, with a particular focus on eradicating poverty and ensuring that every child enjoys the
right to a proper childhood, education, and a brighter future.
The paper titled ‘Child Labour in India - An Overview’3 authored by M.C. Naidu and K.
Dasaratha Ramaiah talks about the widespread prevalence of child labor is a significant
global issue, especially in developing countries like India. Economic necessity often drives
parents to compel their children to work. The root causes of child labor can be attributed to
factors such as high unemployment and underemployment rates among the impoverished
adult population, exacerbated by rapid population growth. Large families, low income,
inadequate educational opportunities, parental illiteracy, and a lack of awareness about the
importance of education and the adverse health effects of child labor contribute to this
problem.
This research paper titled ‘CHILD LABOR AND SCHOOL ENROLLMENT IN RURAL
INDIA: WHOSE EDUCATION MATTERS?’4 empirically examines the factors influencing
child labor and school enrollment in rural Andhra Pradesh, India. To do so, it employs a
village fixed-effect logit model for each child, treating the incidence of child labor or school
enrollment as the dependent variable. The study aims to uncover the individual and
household characteristics that are associated with these outcomes.
One distinctive aspect of this analysis is its focus on whose education holds the greatest
significance in determining the status of each child. This particular aspect has not been
extensively explored in the context of the joint family system, which is a significant social
structure in India.
Child Labour in India
Child labour in India remains a deeply entrenched social issue despite legal prohibitions and
efforts to eradicate it. It refers to the use of children for various types of work, frequently in
settings that are detrimental to their physical and mental health. In India, child labour impacts
millions of kids and exposes them to dangerous jobs in industries including agriculture,
manufacturing, household work, and more. The root causes of child labour are multifaceted
and include things like family dynamics, access to excellent education, poverty, and societal

2
Nagar, N., and B. Roy. "A critical analysis of child labour in India." International Journal of Current Research in
Multidisciplinary 1.5 (2016): 7-18.
3
Naidu, M. C., and K. Dasaratha Ramaiah. "Child labour in India-an overview." Journal of Social Sciences 13.3
(2006): 199-204.
4
Kurosaki, Takashi, et al. "Child labor and school enrollment in rural India: Whose education matters?." The
Developing Economies 44.4 (2006): 440-464.
acceptance. Despite governmental initiatives and legislative measures, the practise continues
since enforcement is so difficult.
Children who are subjected to child labour suffer negative impacts, being deprived of their
fundamental rights to health, education, and a typical childhood. It keeps up a cycle of
exploitation and poverty that can last until adulthood. Child labor is a persistent challenge in
India, primarily associated with poverty and illiteracy. The government has taken proactive
measures to address this issue, recognizing that it requires collective efforts from all segments
of society.
In 1979, the Gurupadswamy Committee was established to investigate child labor and
propose solutions. The committee recommended that while it might be impractical to
completely eliminate child labor due to poverty, it was possible to ban child labor in
hazardous industries and regulate working conditions in others. This led to the Child Labour
(Prohibition & Regulation) Act of 1986, which prohibited child labor in hazardous
occupations and processes.
In 2016, the Act was amended to ban the employment of children below 14 years in all
sectors and to prohibit adolescents (14-18 years) from working in hazardous occupations and
processes.
The National Policy on Child Labor, formulated in 1987, follows a gradual and sequential
approach, focusing on rehabilitation. The policy's action plan includes strict enforcement of
child labor laws, the implementation of National Child Labor Project (NCLP) schemes in
high-risk areas, and general development programs to support the families of affected
children.
To combat child labor effectively, the government emphasizes both enforcement and
rehabilitation. State governments conduct regular inspections and raids to identify violations,
and efforts are made to improve the economic conditions of families linked to child labor.
While progress has been made, child labor remains a complex issue requiring sustained
commitment and cooperation from all sectors of society.
Bonded Labor in India
Bonded labour is defined by a contractual link between an employer and an employee and is
deeply ingrained in Indian socioeconomic culture, which is the result of racial inequality,
colonial past, and enduring poverty. Bonded labour, also referred to as debt bondage, is a
particular type of forced employment in which compulsion into slavery is a result of debt.
Bonded labour has been categorised and studied as a form of forced labour in the academic
literature. It involves limitations on an individual's working conditions and hours. Although
not all forced labour is bonded, the majority of it, whether it involves adults or children, is of
a bonded character.
In India, bonded labour is illegal under the Constitution's Articles 21 and 23. The Bonded
Labour System (Abolition) Act, a special piece of legislation passed in 1976, was the first to
outlaw the practise. The Act's implementation had the following effects: bonded labourers are
no longer under any responsibility to provide services to bonded labour. Any practises,
traditions, contracts, agreements, or other documents that obligate a person or a member of
their dependant family to do bonded work are null and void. Every labourer under bond's
commitment to pay back any bond debt is assumed to have fulfilled that obligation.
Interrelation between Child labour and Bonded Labour in India
Children are required to labour long hours in appalling conditions in a number of enterprises
where their employment is guaranteed against loans made by their parents. Based on a survey
of 100 bonded children in five states (Rajasthan, Tamil Nadu, Karnataka, Maharashtra, and
Uttar Pradesh), Human Rights Watch (1996) found evidence of bonded child labour in a
variety of industries, including agriculture, brick kilns, stone quarries, carpet weaving, bidi
rolling, raising silk cocoons, making silk sarees, silver jewellery, synthetic gemstones,
precious gem cutting, diamond cutting, and leather goods. From a very young age, these
children are forced to work for little or no pay in order to pay off debt that their parents or
guardians have incurred.
The matter of bonded child labor could be further understood by taking a case study -
Bandhua Mukti Morcha v. Union of India and others 5. Justice P.N. Bhagwati served as the
bench's head.
The Supreme Court emphasised the importance of upholding children's rights to education,
happiness, and amelioration in its decision in the "Bandhua Mukti Morcha" case, in an effort
to ensure India's growth as a representative government. Although it was believed that
migrant labour could not be immediately terminated due to financial need, the court
concluded that realistic steps might be done to ensure and strengthen the children's rights in
the disadvantaged and weak populations of Indian culture. The Court emphasised several
fundamental rights and order principles of the Indian Constitution in support of its
conclusion, including Article 21 (the right to life and personal liberty), Article 24 (which
prohibits the employment of children under 14 in plants, mines, or other dangerous
enterprises), Article 39 (e) (which prohibits placing residents in jobs that are woefully
inadequate for their age or strength), and Article 39(f) (which outlines the State's
responsibility for maintaining order in the country).
The Bandhua Mukti Morcha v. Union of India lawsuit and other public interest litigations
involving child unskilled labour have been successful in bringing up child labor-related
concerns and putting them prominently on the government's agenda.
Law and policy are advancing towards the official abolition of child employment, and
numerous initiatives, particularly in the field of education, have begun to be accepted to
remove child labour. The usage of working children in the textile industries has decreased as
a result, among other things.
Despite this, many children in India are exploited in the labour market, and it is thought that
greater, more effective safeguards for children's rights are required.
Impact on Individuals and Communities
Both people and the communities where child labour and bonded labour are common are
adversely affected by these practises. These results are frequently negative and feed a cycle

5
1984 AIR 802, 1984 SCR (2) 67
of exploitation and poverty. Here is a summary of how child labour and bonded labour affect
people and communities:

Impact on Individuals:
1. Loss of Education: Child labor deprives children of their right to education. Many working
children are unable to attend school regularly or receive quality education, limiting their
future opportunities and perpetuating illiteracy.
2. Physical and Mental Health: Child labor exposes children to hazardous and strenuous work
conditions, leading to physical injuries, health problems, and stunted growth. The mental
health of these children is also affected due to the stress and trauma associated with labor.
3. Exploitation and Abuse: Children engaged in labor are vulnerable to various forms of
exploitation, including long working hours, low wages, and physical or emotional abuse.
Bonded laborers are often subjected to even more severe exploitation.
4. Interference with Development: Child labor disrupts the normal social and psychological
development of children. They miss out on play, social interactions, and emotional
development, which are essential for their well-being.
5. Reduced Life Opportunities: Child labor limits the future life opportunities of individuals.
Without access to education and skill development, they are likely to remain trapped in low-
paying and exploitative jobs.

Impact on Communities:
1.Economic Impact: Communities with high rates of child labor and bonded labor often face
economic stagnation. These practices depress wages for all workers and hinder economic
development.
2. Vicious Cycle of Poverty: Child labor and bonded labor are closely linked to poverty.
Families forced to rely on their children's labor to survive are unable to break free from the
cycle of poverty.
3. Social Stigma: Communities that tolerate or rely on child labor and bonded labor may face
social stigma and isolation. This can affect their reputation and access to resources.
4. Health Consequences: The prevalence of child labor can lead to public health concerns, as
working children may be more susceptible to illnesses and contribute to the spread of
diseases.
5. Undermining Social Fabric: The presence of child labor and bonded labor can undermine
the social fabric of communities, as it perpetuates exploitation and inequality, eroding trust
and solidarity.
6. Loss of Future Potential: When children are forced into labor, it reduces the community's
future human capital. The lack of education and skills limits the potential for community
development and progress.
Efforts to combat child labor and bonded labor often include not only the rescue and
rehabilitation of individuals but also community development initiatives. These initiatives
aim to address the root causes of child and bonded labor, such as poverty and lack of access
to education, to create sustainable solutions and break the cycle of exploitation in both
individuals and communities.
Legal framework as a solution
Child labor is a socio-economic issue, inevitably linked to poverty and illiteracy. To solve
this problem, many proactive measures have been taken by the government. Prominent
provisions are listed below:
Constitutional provisions
The Indian Constitution, with its ‘pediatric’ conscience, makes special provisions for proper
development of children. The following articles of Constitution of India deal with protection
of children:
Article 21A – The State shall endeavor to provide free and compulsory education to
all children of the age 6 to 14 years in such manner as the State may, by law,
determine.
Article 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.
Article 39(e) – 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.
Article 39 (f) – Children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and moral and material abandonment.
Article 45- The State shall endeavor to provide early childhood care and education for
all children until they complete the age of 6 years.
Article 47- The State shall regard the raising of the level of nutrition and the standard
of living of its people and the improvement of public health as among its primary
duties.

The Children (Pledging of Labour) Act, 1933 - is the first statutory enactment with dealing
with child labor. Many statutes came to be passed after that. The most comprehensive
legislation in India to overcome child labor is Child Labour (Prohibition & Regulation) Act,
1986.
The Right of Children to Free And Compulsory Education Act, 2009 - It was passed to make
education a fundamental right for all children between the ages of 6 and 14. It makes
elementary education free as well as compulsory.
Conclusion
In India, child labour and bonded labour practises are pervasive social problems with serious
repercussions for both individuals and the communities they are a part of. These challenges
continue to exist despite government efforts to address them through legislation and
rehabilitation programmes, primarily because of their intrinsic relationship to poverty,
illiteracy, and social acceptance. In addition to depriving children of their right to an
education and a loving childhood, child labour subjects them to risky working conditions that
have an adverse effect on both their physical and mental health. These issues are made even
worse by bonded labour, which exposes people to serious exploitation and abuse.
Beyond individuals, the communities where these practises are common are also affected. A
vicious cycle that impedes general growth is fueled by economic stagnation, social shame,
and the persistence of poverty. The Child Labour (Prohibition & Regulation) Act of 1986 was
passed as a result of the suggestions made by the Gurupadswamy Committee in 1979, and it
was enhanced in 2016 by an amendment. The government's strategy has been governed by
the National Policy on Child Labour, which was created in 1987 and places an emphasis on
rehabilitation and progressive reform.
Although there has been improvement, bonded labour and child labour continue to demand a
sustained commitment from all facets of society. In order to ensure that communities may
escape the cycle of exploitation and poverty, children must have access to education, health
care, and the chance for a better future.
Not only is ending child labour and bonded labour in India morally required, but it is also
crucial for the growth and advancement of the country. Governments, non-governmental
organisations, communities, and society at large must continue to be committed and work
together.
References
 https://citeseerx.ist.psu.edu/viewdoc/download?
doi=10.1.1.510.4320&rep=rep1&type=pdf
 https://www.lawinsider.in/columns/what-are-the-child-labour-related-laws-in-india
 International Labour Standards on Child labour (ilo.org)