The
Law and Challenges of Child Labour in India
This
article is written by Srishti Srivastava (BALLB (Hons.), 1ST year,
C.M.P. Degree College, Prayagraj)
Abstract
Child labour involving individuals below
the age of 14 years, and in some instances below 15 years, continues to pose a
serious social and legal challenge in India. Childhood is meant to be a time for
growth, education, and happiness, where children are nurtured in a safe and
supportive environment. However, for many, poverty and social disadvantage has
turned this phase into one of hardship and premature responsibility. Instead of
learning in schools and playing freely, many children are pushed into the
workforce to support their families. A significant number of them find
themselves in hazardous conditions, especially in the unregulated informal
sector, where legal oversight is often lacking. Monitoring such legal
unemployment becomes a complex task. In response to these ongoing issues, the
Indian government has implemented various laws in the legal frameworkto
prohibit child labour, the most prominent being the Child Labour (Prohibition
and Regulation) Act, 1986, which aims at protecting children’s rights and
ensuring their well-being.
Introduction
Everyone under the age of 14 is
considered a child[1].
The children are expected to play, study and live an unbothered life. They are
supposed to enjoy every bit of their life. But the truth is, no matter how much
we hope or plan, expectations rarely align with reality. Or maybe this is true
for the rich and elite section of society, but for poor it is not even nearby. The
poor go through hardships, economic struggles and pressure to work endlessly to
take care of their family. This pressure ends up forcing the children to work and
earn wages which takes away their childhood and carefree life. This is what we
call child labour. The child labour is a critical socio-legal issue. To reduce
this issue and ensure the children live a good life, laws have been introduced
and enacted.
Historical Background of Child Labour
Pre-Independent
India
Before
India gained independence, child labour was a widespread and accepted practice
across various sectors such as agriculture, domestic work, mining, and textile
industries. Many families, burdened by poverty, depended on their children’s
income for basic survival. During British rule, child labour in factories
increased, with children subjected to unsafe and inhumane working conditions,
often without any legal safeguards. Initially some legal measures were taken,
like the Indian Factories Act, 1881 and later the Employment Act,
1938. These legal measures tried to regulate child labour by limiting hours
or restricting hazardous work. Though these acts were passed but lacked enforcement.
Still, they laid the foundation for future reforms.
Post-Independent
India
After gaining independence in 1947,
India continued to grapple with the widespread problem of child labour, despite
adopting constitutional provisions and enacting specific laws to curb it. The Child
Labour (Prohibition and Regulation) Act of 1986 was a major legislative
step, aiming to ban the employment of children below the age of 14 in hazardous
occupations. However, due to insufficient enforcement mechanisms and weak
implementation at grassroots levels, the problem persisted. Deep-rooted
poverty, lack of awareness, inadequate access to quality education, and
traditional societal attitudes contributed to the continued exploitation of
children, especially in sectors like agriculture, domestic services, and
small-scale industries. In 2009, the introduction of the Right to Education
Act[2]
marked significant progress by mandating free and compulsory education for
children between 6 to 14 years. Yet, the reality remains that millions of
children are still engaged in labour due to systemic gaps. Eliminating child
labour demands stronger governance, education reforms, and inclusive
development.
Causes of Child Labour
Child labour in India is not merely a
legal violation; it is a symptom of deeper social and economic distress. At the
heart of the issue lies poverty. When families struggle to afford even the most
basic necessities like food, clothing, and shelter, children are often seen as
contributors rather than dependents. Many parents, out of desperation, send
their children to work in order to supplement the household income, believing
it to be the only way to survive. This situation is worsened by the lack of
access to quality education. In many rural and underdeveloped areas, schools
are either too far away, poorly staffed, or lacking in infrastructure, pushing
children away from the classroom and into the workforce.
Social acceptance of child labour also
plays a key role. In some communities, it is normalized for children to start
working at a young age, particularly in family-run businesses, agriculture, or
informal sectors. Children are also vulnerable to exploitation in domestic
work, roadside stalls, and industries where they are preferred for their
ability to work longer hours at minimal wages without protest. Orphaned,
abandoned, or trafficked children face even harsher realities, often ending up
in bonded labour or dangerous conditions.
Moreover, a lack of awareness about
children's rights and limited implementation of child protection laws enable
this cycle to continue. Corruption, weak monitoring, and under-resourced
enforcement agencies further cripple efforts to eradicate the practice. The
issue of child labour is not just a result of poverty—it is perpetuated by a
combination of economic inequality, inadequate education systems, and societal neglect.
Addressing this crisis demands not only strong laws but also community support,
awareness campaigns, accessible education, and long-term economic upliftment of
vulnerable families.
Impact of Child Labour
Child labour leaves a profound and often
lifelong impact on children, stripping them of their right to a safe, healthy,
and fulfilling childhood. One of the most immediate consequences is the denial
of education. Children who are forced to work miss out on school or drop out
early, which limits their future opportunities and traps them in the same cycle
of poverty as their parents. The loss of education not only affects their
individual growth but also hinders the progress of society as a whole by
weakening the future workforce.
The physical and mental toll on child
labourers is equally devastating. Many children work in hazardous
conditions—handling chemicals, operating heavy machinery, or doing physically
exhausting tasks for long hours. This leads to injuries, chronic illnesses,
stunted growth, and developmental delays. Mentally, the burden of adult
responsibilities at a tender age can cause stress, anxiety, depression, and a
deep sense of hopelessness.
Children engaged in labour are also more
vulnerable to exploitation and abuse, especially in domestic work or
unregulated industries. With little protection, they often face verbal,
physical, or even sexual abuse, without any means to defend themselves or seek
help. Their social development is also affected, as they grow up isolated from
peers and deprived of love, play, and care.
In the long run, child labour reinforces
generational poverty, as these children grow into adults with limited skills
and opportunities. They are less likely to escape the socio-economic
constraints they were born into. The practice also impacts the nation’s growth,
as a large portion of its potential human capital remains underdeveloped.
Child labour, therefore, is not just a
violation of rights—it is a barrier to justice, equality, and sustainable
development. Its impact is both deeply personal and widely societal.
Legal Framework to prevent Child
Labour
India has established a comprehensive
legal framework to combat child labour and safeguard children's rights. The
cornerstone of this framework is the Child Labour (Prohibition and
Regulation) Act, 1986, which prohibits the employment of children below the
age of 14 in hazardous occupations and regulates their working conditions in
other sectors. In 2016, this Act was amended to completely ban the employment
of children under 14 years in any occupation, and adolescents aged 14 to 18 in
hazardous work. However, it allows children to assist in family enterprises
after school hours, a provision that remains controversial due to the potential
for exploitation.
The Right of Children to Free and
Compulsory Education Act, 2009 (RTE Act)
complements labour laws by mandating free and compulsory education for children
aged 6 to 14 years, aiming to keep them in schools rather than workplaces.
Additionally, the Factories Act, 1948, the Mines Act, 1952, and the Shops
and Establishments Acts in various states also contain specific provisions
against employing children in unsafe environments.
The Juvenile Justice (Care and
Protection of Children) Act, 2015 treats the
employment of children in hazardous conditions as a punishable offence,
ensuring stronger accountability for those who exploit children. Furthermore,
the National Policy on Child Labour (1987) adopts a holistic approach by
focusing on rehabilitation and welfare of working children through special
schools and vocational training.
To enforce these laws, bodies such as
the National Commission for Protection of Child Rights (NCPCR) and labour
inspectors at the state level are tasked with monitoring and ensuring
compliance. Despite the existence of these laws, implementation challenges,
such as corruption, lack of awareness, and socio-economic pressures, often
limit their effectiveness. Strengthening enforcement, increasing community
involvement, and integrating education with livelihood support remain crucial
for real impact.
Challenges in Enforcement
Despite the presence of several
progressive laws aimed at eradicating child labour, India continues to face
serious challenges in their enforcement. One of the primary obstacles is
poverty, which compels families to rely on the income generated by their
children. Even when laws are in place, economic distress often outweighs legal
awareness, and families prioritize survival over compliance. Additionally, the
informal and unorganized sectors, where most child labour occurs—such as
agriculture, domestic work, small workshops, and street vending—often escape
legal scrutiny, as they are difficult to monitor and regulate.
Another significant issue is the lack of
adequate enforcement mechanisms. Labour departments in many states are
under-resourced, with limited personnel, funding, and logistical support.
Inspections are infrequent, and even when violations are discovered,
prosecutions are rare and penalties often too lenient to act as deterrents. In
some cases, corruption and political interference further weaken enforcement.
The ambiguity in certain legal
provisions, such as allowing children to assist in family enterprises, creates
loopholes that are frequently exploited to legitimize child labour. Moreover,
limited public awareness about the rights of children and existing legal
protections means that both employers and families often do not understand the
gravity or illegality of child labour.
Lack of coordination between different
government departments—such as education, child welfare, and labour—also
hampers effective implementation. Rescue and rehabilitation efforts are often
fragmented, and there is insufficient follow-up to ensure rescued children are
reintegrated into education and kept out of work.
In sum, enforcement is not just a matter
of law—it requires a multi-pronged approach involving strong political will,
community participation, inter-agency coordination, and sustained investment in
education and poverty alleviation to truly eliminate child labour from its
roots.
Conclusion
Child labour remains one of the gravest
challenges faced in India, reflecting deep-rooted socio-economic inequalities
and systemic neglect. Despite a well-established legal framework and multiple
policy interventions, millions of children are still deprived of their right to
education, safety, and a nurturing childhood. The causes are
multifaceted—poverty, lack of access to schools, social acceptance, and weak
law enforcement continue to trap children in cycles of exploitation. While
judicial activism and laws have brought attention to the issue, true change
requires more than legal reforms. It calls for collective
responsibility—governments, communities, families, and individuals must work
together to eliminate child labour at its roots. Empowering families
economically, spreading awareness, ensuring every child has access to quality
education, and strengthening monitoring mechanisms are essential. A child’s
place is not in a factory, field, or mine—it is in a classroom, a playground,
and in a future full of promise and dignity.
Bibliography
1. https://clc.gov.in/clc/acts-rules/child-labour-prohibition-and-regulation-act-1986#:~:text=An%20Act%20to%20prohibit%20the,children%20in%20certain%20other%20employments.&text=PRELIMINARY-,1.,and%20Regulation)%20Act%2C%201986.(last
visited on14th June 2025)
2. https://blog.ipleaders.in/laws-related-child-labour-india/
(last visited on 14th June 2025)
3. https://labour.gov.in/childlabour/about-child-labour
(last visited on 14thJune 2025)
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