Article 24

Article 24 of the Constitution of India forms a cornerstone of the country’s legal framework for child protection. It explicitly prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous occupations. This Article reflects the nation’s moral and constitutional commitment to safeguarding children from exploitation and ensuring their right to a safe, healthy, and dignified childhood.

Historical Background and Constitutional Context

The inclusion of Article 24 was motivated by the widespread exploitation of children in industrial and mining sectors during colonial India. In the early twentieth century, children as young as eight or nine were employed in hazardous conditions, depriving them of education and health.
During the Constituent Assembly Debates on 3 December 1948, the framers of the Constitution recognised the need to protect children from economic exploitation. There was also a proposal to prohibit the employment of women during night hours in mines and factories; however, this proposal was not accepted.
Article 24 was ultimately adopted as part of Part III – Fundamental Rights, ensuring that protection against child labour became a legally enforceable right rather than a mere directive principle.

Key Provisions and Scope

Article 24 states:“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.”
The key components of this Article include:

• Age Limit: Employment of children below 14 years is prohibited.
• Scope of Application: Applies to factories, mines, and hazardous industries or occupations identified by law.
• Nature of Right: It is a negative right, which places an obligation on the State and employers not to engage children in harmful work environments.

This Article is directly linked with the Directive Principles of State Policy, particularly Articles 39(e) and 39(f), which direct the State to protect children’s physical and moral health and ensure opportunities for healthy development.

Constitutional Linkages

Article 24 works in harmony with several other constitutional provisions that collectively safeguard children’s welfare:

• Article 21: The right to life and personal liberty includes the right to live with dignity, which extends to children’s well-being.
• Article 21A: Guarantees the right to free and compulsory education for children aged 6–14 years, reinforcing the idea that education, not labour, should define childhood.
• Article 39(e): Directs the State to ensure that children are not forced by economic necessity into vocations unsuited to their age or strength.
• Article 39(f): Mandates that children be protected from exploitation and given opportunities for healthy growth and development.

Together, these Articles provide a comprehensive constitutional framework against child labour.

Legislative Framework

To give effect to Article 24, the Indian Parliament has enacted several laws aimed at eradicating child labour and ensuring children’s rights.

• The Child Labour (Prohibition and Regulation) Act, 1986: Prohibits the employment of children below 14 years in specified occupations and regulates working conditions where child labour is permitted.
• The Child Labour (Prohibition and Regulation) Amendment Act, 2016: Extends the ban on employment of children under 14 years in all occupations, except in family-based enterprises after school hours. It also prohibits the employment of adolescents (14–18 years) in hazardous occupations.
• The Mines Act, 1952: Prohibits the employment of children under 18 years in mines.
• The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act): Ensures that children between 6 and 14 years have access to education, thereby reinforcing Article 24 by addressing the root causes of child labour.

These legislations collectively aim to ensure that children are protected, educated, and empowered rather than exploited.

Judicial Interpretation and Landmark Cases

The judiciary has been instrumental in interpreting and strengthening Article 24 to uphold the rights of children.

• People’s Union for Democratic Rights v. Union of India (1982): The Supreme Court held that the employment of children below 14 years in construction work violated Article 24, linking it with the right to life under Article 21.
• M.C. Mehta v. State of Tamil Nadu (1996): The Court issued detailed directions to eliminate child labour in hazardous industries and mandated the creation of a rehabilitation fund for affected children.
• Bandhua Mukti Morcha v. Union of India (1984): The Court recognised bonded and child labour as violations of fundamental rights, stressing the State’s obligation to ensure a dignified life for every child.
• K.C. V. S. R. v. State of Andhra Pradesh (2000): The Court reiterated the need for effective implementation of child labour laws.
• Laxmi Kant Pandey v. Union of India (1984): Focused on child welfare in the context of adoption, reinforcing the constitutional commitment to protect children from exploitation.

These rulings collectively underline that economic necessity can never justify child labour, and that education and rehabilitation are constitutional imperatives.

International Commitments

India’s stance under Article 24 aligns with its international obligations under global conventions and treaties that promote child rights and protection.

• United Nations Convention on the Rights of the Child (UNCRC), 1989: India, as a signatory, is bound to protect children from economic exploitation and hazardous work.
• International Labour Organization (ILO) Conventions:
  • Convention No. 138 (1973): Sets the minimum age for employment at 15 years.
  • Convention No. 182 (1999): Aims at the elimination of the worst forms of child labour, including slavery, trafficking, and hazardous work.

By ratifying these conventions, India has reinforced its commitment to eradicating child labour and promoting education as a universal right.

Government Programmes and Initiatives

The Indian government has launched several initiatives to implement Article 24 effectively and rehabilitate affected children.

• National Child Labour Project (NCLP): Established in 1988, it identifies, rescues, and rehabilitates child labourers by providing education, vocational training, and stipends.
• Integrated Child Protection Scheme (ICPS): Focuses on protecting children in difficult circumstances, ensuring their rehabilitation and social reintegration.
• PENCIL Portal (Platform for Effective Enforcement for No Child Labour): Facilitates coordination between government departments, civil society, and law enforcement agencies for real-time action against child labour.
• Mid-Day Meal Scheme and Sarva Shiksha Abhiyan: Indirectly contribute by improving school enrolment and reducing the economic compulsion for child labour.

Challenges in Enforcement

Despite the strong constitutional and legal framework, India continues to face significant challenges in eradicating child labour.

• Poverty and Economic Necessity: Many families rely on children’s income for survival, especially in informal sectors.
• Lack of Awareness: Parents and employers are often unaware of the legal provisions and long-term harm caused by child labour.
• Weak Enforcement: Inadequate monitoring, corruption, and understaffed labour departments hinder effective implementation.
• Education Barriers: Dropout rates and lack of quality education make children vulnerable to exploitation.

Addressing these issues requires a multi-pronged approach combining legal enforcement, poverty alleviation, education reform, and social awareness.

Significance

Article 24 plays a pivotal role in protecting the right to childhood, ensuring that children are not forced into labour that endangers their physical or moral health. It reflects the broader constitutional philosophy of justice, equality, and human dignity, linking child protection to the right to life and education.