INTRODUCTIONThe term “Child Labour” is at times, used as a synonym for “Employed Child” or

“Working Child.” 1 The term “Child Labour” has generally two-fold interpretations. Firstly,

It is implied to be an economical necessity of poor households and secondly, Aspect

relating to exploitations of children at work with the aim to maximizing the production in

terms of making the children to work for long hours with low wages and depriving them

of education.2

The problem of Child Labour is a social problem of whole world. Child-Labour is

work done by children which creates hurdles in their mental and physical development. 3

According to V.V. Giri, “The term “Child Labour” is commonly interpreted in two different

ways, first as an Social Evil and secondly as an economical practice”4 According to Karl

Marx, “Result of buying the children and youngsters of underage by the capitalists in

Physical deterioration”.5 According to Hommer Folks, Chairman of the United Nation

Child-Labour Committee, 1997, “Any work by a child that interferes with their full

physical development, their opportunities for a desirable level of education of their

needed recreation.” 6 Both at National level and International level great interest is being

shown in the matter of welfare of children and prevention of Child Labour. United

Nations Agencies like International Labour Organization and United Nations

International Children’s Emergency Fund at international level have helped to set an

international Law which most of the countries signed and ratified it.7

CONCEPT AND HISTORICAL BACKGROUND OF CHILD LABOUR A valid definition of “Child Labour” is presently not available either in national or

international context. Any definition turns upon the precise meaning we attach the two

components of the term “Child Labour,” i.e. “Child” in terms of his chronological age and

“Labour” in terms of its nature, quantum and income generation capacity. Child Labour,

however, can broadly be defined as that segment of the child population which

participates in paid work or unpaid work.8

1. Jinesh Chandra.(2004)Child Labour in India, Page 82, Chaitanya Publishing House, Allahabad.2. L. Chandra Kumar V Union of India, AIR 1980 SC 17893. Babita Agrawal.(2008) Child Labour, Page 89,Asian Law House, Hyderabad.4. Parashar S.(2001). United Nations and India, Page 139, B Jain and Publication Pvt. Ltd, New Delhi. 5. V.V. Giri.(1963). Child Labour Problems and Labour Law, Page 68, Asia Publication House, Bombay. 6. Estien and J. Davis.(1940). Labour Problem in America, Page 96, Wilsons Publications, New York. 7. Ryan V Lennox, I.R. 170 (1933)8. Rajinder Prasad V. Union of India, AIR 1951 SC458

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The evil of Child labour is not a recent Phenomenon in India. Mentions of domestic

slavery are found in Kautilaya's Arthshastra. When children below eight years worked in

the house holds of many nobles. In Medieval times, children were engaged as trainees

under artisans and craftsman.9 In Transitional Society, the case of child labour is also

regarded as an economic practice because of the persistence of tradition bound

occupation and occupational immobility. But this society is also under the influence of

the scientific outlook for development prevailing in the modern world and hence use of

Child labour is also regarded as a social evil.10 In the Pre-industrial revolution period the

phenomenon of Child labour was prevalent all over the world, though having an

altogether different nature and magnitude. During the post industrial revolution period,

child-labour become a growing phenomenon upto the first half of the century in

industrialized countries and it still continues to grow in developing countries. 11 The

problem of child labour may seem to result from traditional attitudes, urbanization,

industrialization, migrations or the reluctance of parents to send their children to school,

however its main causes are extreme poverty.12

According to Employment of children Act, 1938, “No child who has not

completed his fifteen years of his/her age shall be employed or permitted to work in any

occupation.13 Under the Motor Vehicle Act, 1939, child has been defined as a person

under the age of 18 years.14 According to the factory Act, 1948, A child under the Act is

defined as a person who has not completed the fifteenth years of age.15 According to

the U.P. Children Act, 1951, “child means a person under the age of 16 years. 16 As per

the Plantation of Labour Act, 1951, The Act lays down that “No child who has not

completed his 12th year shall be required or allowed to work in any plantation.”17 As per

the mines Act, 1952, child means a person who has not completed his fifteen years of

age.18 9. Neel. K. Sharda.(1988). Legal Economic and Social status of the Indian Child,Page 22. Amarjot Publishing House, Patna. 10. G.P. Mishra and P.N. Pandey.(1996). Child Labour in Carpet Industry, Page 1. Devgun Publishing House, Dehradun. 11. Mahavir Jain. (1994). Child Labour in India, Page 3. Rehaja Law House, Gujrat 12. Waman Rao V. Union of India, AIR181SC 28113. The Employment of children Act, 1938. Section 3(3)14. The Motor Vehicle Act, 1939. Section 2(b)15. The Factory Act, 1948. Section 2(c)16. The U.P. Children Act, 1951. Section 217. The Plantation of Labour Act, 1951. Section 2418. The Mines Act, 1952. Section 2(e)

According to the Motor Transport Workers Act, 1961, The Act prohibits the employment of children under fifteen years of age in any capacity in the motor transport

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undertakings.19 As per the Bidi and Cigar Works (Conditions of Employment) Act, 1966, The Act defines the child as a person who has not completed his fourteen years of age.20 As per the Child labour (Prohibition and Regulation) Act, 1986, According to this Act, Child means a persons who has not completed his fourteen years of age.21

INTERNATIONAL PERSPECTIVE OF CHILD LABOURThe International Organizations and International Laws on Child Labour have very important role in influencing national policies and shaping globing understand of the issue.22 Some of the international efforts of the United Nation and its agency International Labour Organization areUnited NationThe United Nations works in the field of Human Rights aims at safe guarding freedom of associations, abolition of forced labour, elimination of discrimination on children, protection of children from social exploitation, minimum wages etc. The 1979 was celebrated as, “International Child Year” by the Assembly of United Nations for the development and protection of rights of the child. The United Nations agency like International Labour Organization (ILO) and United Nation International children emergency fund also works for the betterment of conditions of children and abolition of Child Labour. The United Nation Organization has taken suitable legislative, legal, administration, social and educational measures for the protections of the child rights and fixing minimum wages for employment of children. Besides the different countries who are members of United Nations are also directed for determining work condition, number of hours and service condition for engaging Child Labour.23 Some of the efforts of United Nations on basis of Conventions for abolishing Child Labour.

1. The Covenant and Civil and Political Rights 1966 came into force on 23 rd

March, 1976 - This covenant deals with prohibition of slavery, forced labour and protection of minors.

2. The Covenant on Social, Economic and Cultural Rights 1966 came into force on 3rd January, 1976. Through this covenant, countries have to protect their children from economic exploitation and employment which heart moral health and normal development. The countries are to provide age limit below which paid labourers would be prohibited or punishable by Law.

19. The Motor Transport Workers Act, 1961, Section 2120. The Bidi and Cigar Works (Conditions of Employment) Act, 1966, Section 2(b) 21. The Child Labour (Prohibition and Regulation) Act, 1986, Section 2(2)22. Hull, Terence,(1979), Perspective and Methods in the study children works, Hulsworth Publishing House, Geneva. 23. Bequale Assefa and Boyden Jo, “Working Children International Labour Review, Vol. 127 P. 153

3. The United Nation Convention on the Rights of the child was adopted by the General Assembly in November, 1989 and came into force in September, 1990. Article 32 of the convention, declares the child’s right to protection from

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social exploitation and from performing any work that is likely to be hazardous or to interfere with the child education or to be harmful to the child health or physical, mental, moral or social development. 24

Conventions of International Labour Organisation on Child Labour:This traditional concept of Child Labour is also endorsed by International Labour Organization. As the International Labour Organization states, it is not concerned with the children helping in family, farms or doing household chores and defines Child Labour to, “include children leading permanently adult lives, working long hours for low wages under conditions damaging to their health, physical and mental development, sometimes separated from their families, frequently derived of meaningful, educational and training opportunities that could open to them for better future.25 International Labour Organization passed following conventions in the area of Child Labour.

The Minimum Employment Age (Industry) Convention 1919 (No. 5) is related to minimum age of employment for young person in industry. Below fourteen years of age cannot be employed in any industries and mines. India ratified this convention The Factory Act, 1922, The Factory Act, 1934, and the employment of children Act, 1938 were enacted in India to give effect to this convention.

The Minimum Age (Underground Work) convention, 1965 (No. 123) prohibits the employment of young person below fourteen years of age to work underground it was ratified by India in 1975.

The Minimum Age (Trimmer and Strokers) convention, 1921 (No. 15) was ratified by India in 1922. It fixed the minimum age for admission of young person to employment as trimmers and strokers and also prohibits below eighteen years of age on vessels.

The Medical Examination of Young Persons (Sea) convention, 1921 (No. 16) was ratified by India in 1922. It provides compulsory medical examination of children and young person employed at sea of below fourteen years of age.26

24. Avaiable at http://www.en.wikipedia.org/wiki/unitednationandchildlabour, visited on 28th March, 201425. Good speed, S.S. (1967). The Nature and International Labour Organization, Page 4, Oxford University Press, Birmingham. 26. Johnston G.A, (1970). The International Labour Organization, Page 76, Europa Publication, London.

Some of the more Conventions of International Labour Organization (ILO) are:

A) Minimum Age Conventions

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1. Minimum Age (Agricultural)Convention, 19212. Minimum Age (Sea) Convention, 19293. Minimum Age(Underground Work) Convention, 19564. Minimum Age (Fisherman) Convention, 19595. Minimum age (Underground Work) Recommendation, 1965

B) Medical Examination of Young Persons Conventions

1. Medical Examination of Young Persons (Industry) Convention, 1946.2. Medical Examination of Young Person (Non-Industrial Occupation)

Convention, 19463. Medical Examination of Young Person (Underground Work) Convention,

1946.4. Night Work of Persons (Industry) Convention, 19195. Night Work of Young Persons (Non-Industrial Occupation) Recommendation,

1946.27

CHILD LABOUR UNDER THE INDIAN CONSTITUTION AND VARIOUS LEGISLATIONS IN INDIA

Provisions Relating to Child Under the Indian Constitution:a) Article-15: - Clause (1) – By Clause (1) of Article 15, the state is prohibited to

discriminate between citizens on ground only of religion, race, caste, sex, place of birth or any of them. If a law makes discrimination on any of the above grounds. It can be declared invalid.28 Article 15 (3) empowers the state to make special provisions of Women and Children and it states that, “nothing in this article shall prevent the state from making any special provisions for Children and Women.29

b) Article-21A: - Provides for provision of free and compulsory education of children between the age of six to fourteen years and it is the mandatory provision.30

27. Ibid 18628. Kathi Ranning V. State of Karnataka AIR 1952 SC 12329. Nain Sukhdass V. State of U.P. AIR 1953 SC 31130. Jagmohan Dass V. Union of India AIR 1978 SC 698

c) Article-23: - Article 23 of the Constitution Prohibits Traffic in human beings and beggar and other similar forms of forced labour. Traffic in human beings means selling and buying Men and Women like goods and includes immoral traffic in Women and Children for immoral purposes.31

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d) Article-24: - Article 24 of the constitution prohibits employment of children below the age of fourteen years in factories, mines or in any other hazardous employment. This provision is certainly in the interest of public health and safety of life of children.32

e) Article-32: - Article 32 requires of the state to interfere and stop hazardous working conditions detrimental to the health of children and look into their proper physical mental and social development.33

f) Article-51A (K): - Fundamental duties of parents or guardian to provide opportunities for education of children between the age of six and fourteen years.34

Child Labour Under Various Legislation in India

1. The Children (Pledging of Labour) Act 1933: - The main object of this Act is to

eradicate the evils arising out from the pledging of labour of young children by their

parents, employers in lieu of loans or advances.35 The Act declares an agreement,

(oral or written) to pledge the labour of children, where by the parents or guardian of

child, in return of any payment or benefit received, undertakes to cause or allow the

services of a child to be utilized in any employment, to be void.36

2. The Employment of Children Act, 1938 – The Act is applicable to whole of India, the

Act is also prohibits the employment of the children below the age of fourteen in

workshops connected with Bidi making, Carpet weaving, Cement manufacturing etc.

The Act prohibits the employment of children below 15 years of age in any

occupation connected with transport of passengers, goods or mail by railways, or a

port authority within the limits of port.37

31. Raj Bahadur V. Union of India AIR 1953 SC 94332. Dr. J.N. Pandey, (1992). Constitutional Law of India, Page 195, Narayan Publishers, New Delhi33. Ibid 24334. Maneka Gandhi V. Union of Indian AIR 2001 SC 59735. The Children (Pledging of Labour) Act, 1933, Section 1(2)36. Ibid Section 337. The Employment of Children Act, 1938, Section 3(3) 3. The Plantation Labour Act, 1951 - The Act covers all tea, coffee, rubber, cinchona,

cordamory plantation and areas 10.117 hectares or more in which 30 or more

persons are employed. The Act Prohibits the employment of children less than 12

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years of age38 and section 26, states that an adolescent between 15 to 18 years

cannot be employed for work unless he is certified fit for work by a surgeon.39

4. The Mines Act 1952 – The Act extends to whole of India except Jammu and Kashmir

and includes all fields where any operation for the purpose of searching for or

obtaining minerals is carried out. The Act prohibits employment of children below

sixteen years in mines and their presence in mines which is below the ground or in

any open cast in which mining operation is being carried on.40

5. The Merchant Shipping Act, 1958 – The Act Prohibits the employment of children in

any capacity, which are below the age of fifteen years on sea going ships. This Act

applies to ships registered in India only. It also prohibits the employment of persons

below 15 years of age as trimmers and stokers.41

6. The Motor Transport Workers Act, 1961 – This Act applies to the whole of India

except Jammu and Kashmir. It covers every Motor Transport undertakings

employing 5 or more transport workers. This Act prohibits the employment of

children less than 15 years of age in any capacity in the Motor Transport

undertakings. The adolescents are prohibited to work unless certificate of fitness is

granted which is valid only for 12 months.42

7. The Bidi and Cigar Works (Conditions of employment) Act 1966 – The Act extends

to whole of India except Jammu & Kashmir. The Act provides that no child should be

required or allowed to work in Industrial premises. The Act defines the child below

fourteen years is prohibited. The employment of young person’s between fourteen to

eighteen years of age is Prohibited between 7 P.M. to 6 A.M in industrial permises.43

38. The Plantation Labour Act, 1951, Section 2439. Ibid Section 2640. The Mines Act, 1952, Section 45 (I)41. The Merchant Shipping Act, 1958, Section 1542. The Motor Transport Workers Act, 1961, Section 343. The Bidi and Cigar Works (Conditions of Employment) Act, 1966, Section 24

8. The Child Labour (Prohibition and Regulation) Act, 1986 – The Act extends to whole

of India except Jammu and Kashmir. The aim of this Act is to prohibit engagement of

children in employments and to regulate the conditions of work of children in certain 7

other employments and all the rules made in this Act will be in addition to be

provisions of the Factory Act 1948, the Plantation Labour Act 1951, and the Mines

Act 1952. According to this Act child means person below age of 14 years of age,

and this Act lays down that no child will be allowed to work for more than 6 hours per

day. Once a week he will be given a holiday.44

JUDICIAL APPROACH TO CHILD LABOURThe Judiciary has almost brought a revolution in the life of child workers in India. It has

always endeavoured to expand and develop the laws relating to welfare of children. The

judiciary has virtually played a vital role in the task of providing political, social and

economical justice to poor child workers in this country.

In MC Mehta v. State of Tamil Nadu,45 The Supreme Court issued

various directions and guidelines for prevention of Child Labour and protecting them

from exploitation at the hand of rich employers. In People's Union For Democratic Rights and others v. Union of India,46 The Supreme Court ensured observance of

provisions of various Child Labour laws relating to child worker employed in construction

work of Asian games. In Labourers working on "Salal hydro Project v State of Jammu and Kashmir,47 The Supreme Court issued direction for large number of

migrant workmen from different States working on salal hydro projects relating to their

welfare and exploitation of them should be prevented.

In R. Chandran Sagaram v State of Tamil-Nadu,48 The Supreme Court issued

guidelines to pay the dues of children working in Bidi making factory and issued

directions to implement the provision of labour laws. In M.C. Mehta v. State of Tamil Nadu,49 The Supreme court held manufactory process of matches and fireworks is

hazardous and child below 14 years cannot do work on this hazardous project.

44. The Child Labour (Prohibition and Regulation) Act, 1986, Section 1045. AIR 1998 SC 78646. AIR 1984 SC 17747. AIR 1986 SC 84848. AIR 1991 SC 1983

In Ratlam Municipality v. Vardhichand & others,49 The Supreme Court issued

guidelines for survey of identification of working children. In Ram Kumar Mishra & others v. State of Bihar,50 The Supreme Court issued directions for withdrawal of

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children working in hazardous Industries and insuring their education in appropriate

institutions. In Vishavjeet & others v. Union of India,51 The Supreme Court held that

the ban of employment must begin from most hazardous and intolerable activities like

slavery, bonded labour, trafficking prostitution. In Laxmi Kant Pandey v. Union of India,52 The Supreme Court directed to State of Tamil Nadu to pay rupees 75

thousands each as compensation in contravention of human rights and fundamental

freedoms, of children below fourteen years the protection of which is guaranteed by the

Constitution. In Ajay Goswami v. Union of India,53 The Supreme Court held that the

children in terms of an Article 45 are entitled to get free & compulsory education until

they complete the age of 14 years and they cannot be forced in any type of work

which can destroy their childhood.

STUDY OF CHILD LABOUR IN DISTRICT PATIALA, PUNJABNot only in India but also in Punjab, a large number of children are employed in informal

sector, carpet industry, sports goods industry, paper loom, fireworks, road side dhabas,

garages etc. Child Labour in Punjab is prevalent in almost all sectors of unorganized

sector of economy including agriculture, households, brick kiln and carpet weaving.54

Mostly Child Labour working in agricultural and allied activities in the District Patiala,

Punjab are migrants from the States, viz Uttar Pardesh, Bihar, Uttrakhand etc. Its main

reasons identified are unaffordability of paying school fees, lack of socialization, broken

families, domestic help and chronic illness in the family etc.55

49. AIR 1980 SC 1622 50. AIR 1984 SC 53751. AIR 1990 SC 141252. AIR 1992 SC 11853. AIR 2007 SCC 14354. Parsada Rao, (2006). Child Labour Problems and Policy Issue, Page 14, The Associated Publishers, Ambala Cantt.55. Available at http://www.en.wikipidia.org/wiki/childlabourinpunjab, visited on 22nd Feb, 2014.

RESEARCH HYPOTHESISThis Study is based on the Hypothesis that the main causes of Child Labour are

poverty, unemployment, low family income, migration to urban areas, large families,

ineffective enforcement of the legal provisions pertaining to Child Labour, Non

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Availability and non accessibility of Schools, Cheap labour, Large families etc.

Therefore, Child labour is socio-legal problem and so Laws alone cannot check it.

Many legislative measures and Constitutional majors were adopted to provide

protection to children but then also efforts to eliminate Child Labour utterly failed in the

country. Inspite of numerous international safeguards, the problem of Child Labour in

increasing day by day for want of poor execution of International Laws.

OBJECTIVES OF THE STUDYThe problem of Child Labour in India is general and it is increasing day by day in India. But no study till the date has been conducted on this aspect and there is serious need to critically examine various facets of these issues:

To trace the historical background and origin of the concept of “Child Labour”. To examine the socio-legal conditions of the working children both in the rural

as well as urban areas. To study and comprehend the existing Child Labour laws in India. To highlight the role of judiciary in combating the problem of Child Labour in

India. To investigate, ascertain the working condition of Child Labour, as to

determine the form and extent of exploitation. To analyse the level of earnings of Child Labour and its impact of the rural as

well as urban households. To study various international Conventions of United Nations and International

Labour Organisation.

To study role of the Constitution of India in eradicating the Child Labour in

India.

To examine the magnitude, nature and composition of Child Labour in District

Patiala, Punjab.

RELEVANCE OF THE STUDYThe research work involves socio-legal study of Child Labour. It shall include in its

spectrum, historical, political and other socio-legal factors contributing to the origin and

prevention of concept of “Child Labour”. The study is to understand the genesis of the

concept “Child Labour” along with the extensive research with reference to District

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Patiala, Punjab. It shall analyse the importance of such provisions which are very basic

for any young individual of the society. Therefore, earnest effort will be made to

undertake the research study of various dimensions of “Child Labour”. Hence the topic

of research work include broader area, each and every aspect of “Child Labour” shall be

discussed with the judicial decisions of the courts as well.

REVIEW OF LITERTUREThere is ample literature on topic of “Socio Legal Study of Child Labour in India With

Special Reference to District Patiala, Punjab”. An effort has been made to review it as

under:

Constitutional Law of India by P.M. Bakshi,49 Incorporates all recent developments

which have taken place from time to time in the constitutional provisions till the

publication of the book. It had covered judgments of Apex Court and High Courts of

India on concepts of Child labour.

Child Labour and the Law by P.L. Mehta and S.S. Jaiswal ,50 explains the Child

Labour and children must not be deprived of education, proper heath and basic

amenities of life.

The child and the state by Abott and Grace, 51 mentions in detail various problems of

working children with their prevention and their value for development society.

Child Labour in India by Dipak Dass, 52 the author discussed about the basic facts

about the Child Labour and various reasons of it and stated that labour deprives the

child from his/her education and prevents proper development of his/her potential.

Child Labour By Babita Agrawal, 53 the author had explained causes, consequences

of Child Labour and the problem of Child Labour, areas of Child Labour where they

work. According to author, the Child Labour has 3 aspects to be dealt with on priority.

First is the significant of the Child Labour, second is the exploitation at employment,

thirdly long working hours for the Child Labour with low wages.

United Nation and India by Parashar.S, 54 author examined in detail the Child Labour’s

meaning and its consequences and explained the international strategy of United

Nations on Child Labour and its various agencies.

Child Labour Problem and Labour Law by V.V. Giri, 55 author examined in detail, the

Child Labour’s problems and its preventions and concluded that the Child Labour of

rural and urban sector differs in their nature of their work and amount of exploitation.

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RESEARCH METHODOLOGYThe present study requires theoretical as well as empirical research methodology therefore material for the proposed study will be collected from various primary and secondary sources. The research study shall be mixture of doctrinal as well as non-doctrinal research besides this, all other formal and informal shall be employed to collect material relating to research from various resources. Since it is a socio-legal study and public is directly interested in it, so the views of the society questionnaire, interviews to extract information relating to the study will be taken. In this study, help of various sources like books, decisions and observations of courts in India as found in Law Reporters, Articles in Law Journals, Newspapers and Internet etc. will be taken.

Tentative Chapter Scheme of the studyThe purposed study is to be divided in six chapters and tentative chapter schemes as

under:

Chapter 1 : Introduction

Chapter 2 : Concept and Historical Background of Child Labour

Chapter 3 : International Perspective of Child Labour

Chapter 4 : Child Labour under the Constitution of India and Various Legislations in

India

Chapter 5 : Role of Judiciary in Preventing the Child Labour

Chapter 6 : Conclusion and Suggestions

BIBLIOGRAPHYActs and StatutesThe Children (Pledging of Labour) Act, 1933

The Employment of Children Act, 1938

The Factory Act, 1948

The Plantation Labour Act, 1951

The Mines Act, 1952

The Merchant Act, 1958

The Apprentices Act, 1961

The Motor Transport Workers Act, 1961

The Bidi and Cigar works (Conditions of employment) Act, 1966

The Contract Labour (Regulations and Abolitation) Act, 1970

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The Child Labour (Prohibition and Regulation) Act, 1986

BooksP.L. Mehta and S.S. Jaiswal, Child Labour and the Law, Deep & Deep Publications

1996

Dipak Das, Child Labour in India, Priti Publication Delhi

Babita Aggarwal, Child Labour, Asian Law House Hyderabad

P.M. Bakshi, the Constitution of India, Universal Law Publishing Co. Pvt. Ltd. Delhi 2008

Parashar.S, United Nations and India, B Jain & Publication Pvt. Ltd. 2001

Dr. J.N. Pandey, The Constitutional law of India, Central Law Agency Allahabad 2003

V.V. Giri, Labour Problem in India, Asia Publications House, Bombay 1958

Albion GT, Child Labour Problem and Labour Law, Prentice Hall, New York 1963.

DictionariesBlackstone, William, Commentaries on the Laws of England, 4th Edition.Chambers 20th Century Dictionary (New Edition)Concise Law DictionaryHalsbury's Law of England Commentaries Vol. 11,13th Edition.K.J. Aiyer's Dictionary.

JournalsAll India ReportersRGNUL Law ReviewSupreme Court CasesJournal of Indian Law InstituteResearch Journal South Asian Society

NewspapersIndian Express

The Tribune

Times of India

Webliographywww.heinonline.com

www.scconline.com

www.wikipedia.org

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