CHILD LABOUR LAWS IN INDIA

The development of the Nation is exclusively based on the status of the Child. It is also true that this is one of the vulnerable groups in the society. We can also further add that Children are the Assets of the Nation. Children plays very significant role in the Nation building. All these make obligatory on everyone to protect and provide various safeguards to the children. It is our prime duty to provide care and protection towards children as they are innocent. For the progress of the community at large we need to pay attention towards education of children. In reality there are various social evils with children; one of them is Child Labour.

The Child Labour system is in existence in developing and underdeveloped counties. As per the information available, India is one of the Countries where in large number of children below the age of 14 years working in various organizations. If there is no proper distribution of work among the member of the society then children automatically forced to do work for their survival. Unemployment of adult members of the particular family results into Child Labour.

In any Country protection of children and young people is of prime importance. So the responsibility to provide healthy atmosphere to the children to their fullest physical and mental development rests on all the civilized society. Every human being is a social animal. As we are a part of the society the responsibility to take reasonable care of the children and young people is on the shoulder of all members of the society. Finally, it can be said that society at large morally responsible to maintain healthy atmosphere. As compared to other countries, child labour in India is more prevalent. Out of 179 million children, 90 million who are in the age group of 6 to 14 years are employed and they don’t go to school. It contributes to 50% of children in our country who are involved in child labour. 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. 
10. Other Acts are:

• Children (Pledging of Labour) Act, 1933.
• Employment of Child Act, 1938.
• The Bombay Shop and Establishment Act, 1948.
• The Motor Transport Workers Act, 1961.
• The Atomic Energy Act, 1962.
• Bidi and Cigar Workers (Condition and Regulation) Act, 1986.
• State Shops and Establishment Acts 

Children below the age of 14 years are not allowed to work in a factory and it is expressly provided in Article 24 of the Indian Constitution and Section 67 of the Factories Act, 1948.

Free and compulsory education for all children up to the age of 14 years is provided by the Directive Principle of State Policy under Article 45 of the Indian Constitution.

In conclusion it can be said that the problem of Child Labour exploitation is still burning issue in India. The disease spreading day by day to tackle the problem we have to find proper and effective mechanism. Government of India should form separate mechanism for effective implementation of Education policy in India. The Education policy of Government in existence is not satisfactory not capable to fulfill their economic needs. The negligent behavior of parents indulges children in to work which is one of the risks to their socio-economic status. The various organizations in the area of Child Labour, child right violation, child abuse is taking efforts to protect and eradicate the same, and the Parents of the children make aware that temporary gain is not helpful to their family. The efforts shall be taken from the Government with help of NGOs in the area of small family norms, compulsory education, and so on. The picture is clear that the problem of Child Labour can only eradicate if there is joint efforts of Governmental agencies and NGOs actively working in the same area