An Initiative for the Wellbeing and Protection of India's Children
WHAT IS CHILD LABOUR?
The act employing of a child below 14 years of age in any any work that may interfere with his survival, development, education, nurture and general wellbeing is known a child labour.
CAN CHILDREN ABOVE 14 YEARS BE EMPLOYED?
Children above 14 years, referred to as adolescents may be employed except in in hazardous occupations or processes as set forth by the Central Government. The list of prohibited occupations and processes for child and adolescent employment can be accessed here.
Let's Understand
The Right to Education is a Fundamental Right of Children upto 14 years of age. If we need to ensure our children are in school, they have to be prohibited from the place of work. In order for children to fully enjoy the value of education, they must be provided with appropriate nutrition, rest and care, which is not possible if the child is employed and is bearing the burden of supporting himself or a family. In addition, it is the obligation of the State to fill any gaps that may prevent the child from attending school. This includes a supplementary income/stipend and provisions to parents who may lose out on their means of livelihood by sending a child to school.
Children below 14 years may be employed n family enterprises or the entertainment industry (excluding circus) provided it does not interfere with the Child's education and overall development.
Why 14 Years?
IF A FAMILY IS DEPENDENT ON A CHILD FOR AN INCOME DUE TO POVERTY, WOULDN"T IT BE BETTER FOR THE CHILD TO EARN THAN STAY IMPOVERISHED?
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Employing any child below the age of 14 years in work that will interfere with his survival, development, education, health, rest, nurture and overall wellbeing is prohibited. Child rights are inalienable and cannot be compromised, either partially or completely under any circumstances, for any child- whether poor or rich, privileged or under privileged. It would be discrimination and a violation of the child's fundamental rights.
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Universally or even constitutionally, a child is not bound by any duty towards the family or another party because he or she is still developing, is dependent on adults for his basic needs and is still incapable of bearing the responsibility to provide for others. If a child is forced to do so, it is only because those who are responsible for the protection of child are failing in their duty. This would include the family, the state and the community, who is either ignoring or being party this violation.
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If parents are incapable of discharging their responsibilities and duties towards the child, the State must intervene and ensure the rights and needs of the child are restored at the earliest. Based on the reality of street children, child beggars and domestic child labour we see in our daily lives, one may argue that State has failed in its commitment towards our children. Having said that, it is still against the principles of child rights and the UNCRC to expect the child to pay the price for the failure of the Government. Political accountability and awareness by the community will prevail over ignorance and indifference. Else, we too are party to this crime.
HOW CAN I REPORT CHILD LABOUR?
A victim of child labour is a child in need of care and protection. A vigilant citizen may take the following action on noticing activity that may be in violation of the child and adolescent's right to protection from child labour and harmful work:
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Contact the Child Welfare Police Officer at the Local Police Station.
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​Contact District Special Juvenile Police Unit. Pan-India list available in the Resource Centre below.
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Notify the State Commission for Protection of Child Rights.
Pan-India
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The Child and Adolescent Labour (Prohibition & Regulation) Act 1986
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List of Hazardious Occupations and Procedures for Children and Adolescents
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PM Cares for Children (Check Resource Directory for CWC and District Juvenile Police Unit contacts)