Article 24 of the Indian Constitution stands as a crucial fundamental right aimed at protecting children from exploitation. Placed within Part III of the Constitution, under the umbrella of the Right against Exploitation (Articles 23 and 24), it directly addresses the vulnerability of children and prohibits their engagement in certain types of labour. This article is a cornerstone of child welfare legislation in India, reflecting the state’s commitment to ensuring a safe and nurturing environment for its youngest citizens.
This provision not only prohibits child labour in specific sectors but also lays the foundation for comprehensive laws and policies designed to eradicate child labour in all its forms and promote compulsory education and rehabilitation of rescued child workers. It signifies the recognition that children’s place is in schools and homes, not in hazardous workplaces.
Original Text
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.
Detailed Explanation
Article 24 is a concise yet powerful provision that directly prohibits the employment of children in specific undesirable occupations. The article clearly defines the protected group as “child below the age of fourteen years”. This sets a constitutional minimum age for employment in certain sectors.
The prohibition is absolute for the specified types of employment:
- Factories: Industrial establishments where manufacturing processes take place.
- Mines: Underground or surface excavations for extracting minerals.
- Other hazardous employments: This is a broader category, allowing the scope of the prohibition to extend beyond factories and mines to other occupations deemed dangerous to the physical and mental health of children. The identification of what constitutes “hazardous employment” has been further defined by subsequent legislation and judicial pronouncements.
The significance of this article lies in its status as a fundamental right, making the prohibition enforceable and binding on both the State and private individuals/employers. It provides a constitutional mandate for legislative action to prevent child labour in hazardous sectors. It is important to note that while the article specifically targets factories, mines, and hazardous work, subsequent legislation, most notably the Child Labour (Prohibition and Regulation) Act, 1986 (and its later amendments), built upon this foundation to regulate and prohibit child labour in a much wider range of occupations and processes, and eventually aimed at the complete prohibition of child labour below 14 years.
Detailed Notes
- Part of the Constitution: Part III - Fundamental Rights.
- Category: Right against Exploitation (Articles 23-24).
- Subject Matter: Prohibition of employment of children.
- Age Limit: Prohibits employment of a “child below the age of fourteen years”. The age limit is clearly defined as 14 years.
- Prohibited Workplaces/Employments:
- Any factory.
- Any mine.
- Any other hazardous employment.
- Nature of Prohibition: Absolute prohibition for the specified places/employments.
- Binding On: The prohibition is binding on both the State and private employers/citizens. It is a limitation on the freedom to trade or business if it involves child exploitation.
- Distinction from Article 23: While Article 23 prohibits traffic in human beings and forced labour generally, Article 24 specifically focuses on the employment of children in certain types of work.
- Basis for Legislation: Serves as the constitutional bedrock for enacting specific laws to prohibit and regulate child labour in India, such as the Child Labour (Prohibition and Regulation) Act, 1986 (now the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986).
- Hazardous Employment Interpretation: The term “hazardous employment” is open-ended and has been interpreted and expanded upon by legislation and courts over time to include a wide range of occupations detrimental to a child’s health, safety, and development.
- Connection to DPSP: Harmonizes with Directive Principles of State Policy (DPSP) like Article 39(e) (health and strength of workers, men and women, and tender age of children are not abused), Article 39(f) (children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity), and Article 45 (provision for early childhood care and education to children below the age of six years, and historically, free and compulsory education for all children until they complete the age of fourteen years, which is now a Fundamental Right under Article 21A).
- International Influence: Reflects principles found in international conventions like the ILO Minimum Age Convention (Convention 138) and the UN Convention on the Rights of the Child, which India has ratified.
- Enforcement: Violations of this article and subsequent laws are punishable offences.
- Scope vs. Laws: The article provides a minimum constitutional guarantee for hazardous work. Laws like the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, provide a more detailed and broader framework, prohibiting child labour (under 14) in all occupations and processes (with specific exceptions like family enterprises and certain school activities) and prohibiting adolescent labour (14-18) in hazardous occupations and processes.
Additional Comments
- Article 24 is a direct manifestation of the state’s commitment to protecting the dignity and rights of children, recognized as a vulnerable group.
- The interpretation of “hazardous employment” has been a subject of judicial scrutiny, leading to lists of prohibited occupations and processes being defined in subsequent laws.
- While the Article sets the age at 14, the spirit aligns with the goal of universal primary education up to 14 years, now a Fundamental Right under Article 21A.
- Effective implementation and enforcement of this article and related laws remain crucial challenges in combating child labour in India.
Summary
Article 24 of the Indian Constitution, a fundamental right in Part III under the Right against Exploitation, prohibits the employment of children below the age of fourteen years. This prohibition is absolute for work in factories, mines, and other hazardous employments. The article serves as the foundational constitutional basis for comprehensive child labour prohibition and regulation laws in India, aiming to protect children’s health, safety, and welfare. It underscores the state’s responsibility to ensure that children are not subjected to exploitative working conditions, particularly in dangerous environments.