Article 24 of the Indian Constitution

 Article 24 of the Indian Constitution

Article 24 enshrined in Part III of Indian Constitution prohibits the employment of children below 14 years of age in factories, mines or any other hazardous workplace. It also ensures that there must be humane and safe working conditions for employees. 

Article 24: Prohibition of Employment Employment of children in factories etc.

Article 24: No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

This provision is certainly in the interest of public healty and safety of life of children. 

Other provisions in Indian Constitution:

Article 39 of the Indian Constitution imposese upon the State an obligation to ensure that the health and strength of workers, men and women, abused and that citizens are not forced by economic necessity to enter avocation unsuited to their age or strength.

Laws in India prohibiting Child Labour- 

  • Employment of Children Act, 1938 was amended in 1978 and The Child Labour (Prohibition and Regulation) Act, 1986 was enacted. 
  • The Employment of Children Act, 1938 prohibits employment of children below 14 years of age in the railways and other means of transport. 
  • The Indian Factories and Mines Act, 1952
  • Merchant Shipping Act, 1958
  • Motor Transport Workers Act, 1961
  • Plantation Labour Act, 1951
  • Bidi and Cigar Workers (Condition of Employment) Act, 1966
  • Apprentices Act, 1961
Case- People's Union for Democratic Rights vs Union of India, 1982 SC
It was contended that the Employment of Children Act, 1938 was not applicable in case of employment of children in the construction work of Asiad Projects on Delhi since construction industry was not a process specified in the schedule to the Employment of Children Act, 1938.
Held- The construction work is hazardous employment and, therefore, under Article 24, no child below the age of 14 years can be  employed in the construction industry is not specified in the schedule to Employment of Children Act. 

Case- Labours Working on Salal Hydro Project vs State of Jammu & Kashmir, 1984 SC
Held: The Court reiterated the principle that the construction work as a hazardous employment and children below 14 could not be employed in this work. 

Case- MC Mehta vs State of Tamil Nadu, 1997 SC
Held: The SC in a PIL held that the children below the age of 14 years can't be employed in any hazardous industry, mines or other works. 
The Court directed setting up of Child Rehabilitation Welfare Fund. 


                                    - Anjali Singh & 
                                      Deepak Kumar 
                                (University of Allahabad) 

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