LEGAL RESEARCH PAPER - Child labour violation of Right to Education of

Child.

By- Shreyash Deshpande

Enrolment number- L22BLBU0048
INDEX

INDEX PAGE 2
INTRODUCTION PAGE 3
Meaning of child labour PAGE 3
Current statutes and laws related to child labour PAGE 4
Statistics relating to child labour PAGE 5
BODY Page 6
Main reasons for child labour Page 7
Impact of child labor Page 8
Girls and child labour Page 9
Landmark cases about child labour Page 10-11
Conclusion Page 12-13
Bibliography Page 14
INTRODUCTION
Education has the potential to transform societies and the world in general.
"Education is the most powerful weapon you can use to change the world," Nelson
Mandela said. Our actions determine our destiny they say but how many children
truly have the freedom to choose what their lives can look like, circumstances and
inequities still dictate a child's future rather than a child's abilities.
Child labor is an age-old global threat, especially in poor and resource-poor
developing countries. Social and family poverty, loss or disability of a parent, lack
of social security and protection, ignorance of the value of education or limited
access to education are among the myriad reasons why children enter the
workforce and are unable to access education.

Meaning of child labour and its history

Child labor is an age-old global threat, especially in poor and resource-poor
developing countries. Social and family poverty, loss or disability of a
parent, lack of social security and protection, ignorance of the value of
education or limited access to education are among the myriad reasons
why children enter the workforce. Child labor hinders not only the education
of kids but the development and even social and economic growth. From a
very long time India has witnessed child labour whether it is children in
India who have historically been helping parents at their farms and other
activities Bonded labour which refers to children being forced to work as
employees due to their parents inability to pay debts
1

Current laws about child labour

India passed the Employment of Children Act in 1938 before it became a
republic, beginning its effort to fight this scourge. Although unrefined at that
time , it was clear that even under an oppressive administration, using
children in the industrial process was frowned upon. Following
independence, the Mines Act of 1952 and the Factories Act of 1948 barred
the use of children under the ages of 14 and 18, respectively, in their
respective production processes.
Child Labour (Prohibition and Regulations) Amendment Act, 2016 originally
made in 1986 A child is defined as a individual who has not reached the
age of 14 by the Child Labor (Prohibition and Regulation) Act of 1986. It
strives to control the hours and working conditions of young workers and
forbids them from working in dangerous fields. Amendments were made to
this in 2016 and 2017.
The 2009 Right to Education Act sought to go beyond simply punishing
those who engage in child labor by fostering an atmosphere that would
enable all children to develop to their full potential and enter the workforce
voluntarily rather than under pressure. However, yet even with all of this,
child labour is still common in many industries.
For children under the age of 14, education is now both free and required
by the government. Numerous educational initiatives were also launched,
such as the "Sarva Shiksha Abhiyan" (SSA) program, Beti Bachao Beti
Padhao but still a gap exists.

1
https://www.unicef.org/india/what-we-do/child-labour-exploitation#:~:text=Children%20belong%20in
%20schools%20not,attendance%20and%20performance%20in%20school.

https://www.journalijdr.com/sites/default/files/issue-pdf/11890.pdf

https://www.ilo.org/ipec/Action/Education/lang--en/index.htm
2
https://www.theasianschool.net/blog/child-labour-and-right-to-education/
https://blog.ipleaders.in/rte-act-right-to-education-act-2009/
Statistics around child labour

According to a report from the Kailash Satyarthi Children's Foundation, based on

the rate of child labour population over the last four decades, the total child labour
population in the country was about 81.2 lakhs in 2021
With almost 10 million children actively working or seeking for job, India has a
higher prevalence of child labour than many other nations. However, according to
the annual report Crime in India 2019 from the National Crime Records Bureau,
only 464 cases (with 810 child victims) nationwide were reported in 2019 under
the Child Labour (Prohibition and Regulation) Amendments Act. This difference is
alarming and that is the reason we need stronger laws and awareness surrounding
it.
According to a campaign against child labour, India has approximately
12005000 child labourers. There are 1927997 child labourers in Uttar
Pradesh. Over one million children work in Delhi. Bihar, Rajasthan,
Maharashtra, and Madhya Pradesh are the other leading states.

BODY

https://www.oxfamindia.org/blog/child-labour-india?
gclid=Cj0KCQiA4uCcBhDdARIsAH5jyUnpv1ojTP2x7MolSZNosdu1ajCflTaTxXRZRyrsUulREEbg0bijx9saAnoGEALw_wc
B
3
https://www.unicef.org/india/what-we-do/child-labour-exploitation#:~:text=schools%20not
%20workplaces.-,Child%20labour%20deprives%20children%20of%20their%20right%20to%20go
%20to,attendance%20and%20performance%20in%20school.
Children are the ultimate gift to humanity, and childhood is a pivotal and
formative phase of human development that can influence how a society
will grow in the future. Children who are brought up in a setting that is
encouraging of their intellectual, physical, and social development evolve
into rational people who contribute to society. 

In India, it's not very common to see a Chotu [ A term for a child labour }
rushing to get you a chai on the railway platform or at your neighbourhood
tea shop. In fact, one might almost argue that the Chotu has grown so
usual that several the regular customers will find it confusing if Chotu
suddenly disappeared. The Indian society has accepted it as a personality
attribute and normalised it, therefore the Chotu culture is still encouraged
informally in homes and at tea stalls and other places of work

When all is said and done, Chotu should study rather than working in a
shop or making a tea or doing anything that profits only others, Older, more
privileged adults decide to exert control over a child's present and future,
signing away their Right to a Better Tomorrow by using their dominance
over innocent children

Main Reasons for child labour

Poverty- Poverty plays a major role in the problem of child labour. In poor
families, children are considered additional breadwinners. These families have

4
https://www.oxfamindia.org/blog/child-labour-india?
gclid=Cj0KCQiA4uCcBhDdARIsAH5jyUnpv1ojTP2x7MolSZNosdu1ajCflTaTxXRZRyrsUulREEbg0bijx9saAnoGEALw_wc
B
more children because they believe every child is a breadwinner. As these
children grow up, they are expected to share the responsibilities of their parents
by working tirelessly to run errands. 
Illiteracy- Evidence suggests that many students are sent to work due to
parents' lack of awareness and education. These parents, who lack literacy and
do not understand the value of education, want their children to leave home as
soon as possible because it will be better for their family if they become sources
of income. It follows that the frequency of child labour is directly related to
parents' lack of understanding of the value of education in enhancing life and
living conditions.  
 
Stereotyped thinking - The broadly believed belief that girl children require less
education than boys, leading to their removal from school at a young age and
placement in domestic work. Secondly The tradition that children are required to
follow in their parents' path in their work, and to learn and develop that work at a
young age

No access to education- In many regions, the educational process is on hold

due to a lack of funding to support the educational projects supported by
organisations. Going to school is no longer an option for millions of children all
over the world, With millions of displaced and impoverished families, finding a
school for their children has become a dream and that narrow thinking that many
parents have that due to education parents would lose their control on their child.
Additionally, there is a direct link between improved educational access and a
decline in child labour. No choice exists for children who lack access to
education other than to join the workforce, where they are frequently coerced
into unsafe and exploitative situation

5
https://byjus.com/free-ias-prep/death-of-innocent-child-labour/
https://infinitylearn.com/surge/study-materials/english/social/child-labour-in-india/
https://www.eclt.org/en/news/child-labour-causes
Impact of child labour on children -The impacts are massive. Child
labour can cause serious physical and mental harm, as well as death. It
can lead to slavery and sexual or economic exploitation. And in nearly
every case, it denies children access to education and health care, limiting
their fundamental rights and jeopardising their futures.

In general, child labourers can suffer from long-term health problems as a

result of malnutrition, chemical exposure, abuse, injuries, exhaustion, and
psychological harm.

- Physical abuse, such as punishment, and emotional mistreatment,

such as blaming, belittling, verbal attacks, rejection, humiliation, and
derogatory remarks, are examples of physical abuse.

- Emotional neglect, such as a lack of family love and affection, can

lead to feelings of loneliness and hopelessness.

- Physical neglect does include a lack of adequate food, clothing,

shelter, and medical care.

- Lack of education leads to a lack of educational qualifications and

better skills, sustaining their life in poverty.

6
https://www.ilo.org/moscow/areas-of-work/child-labour/WCMS_248984/lang--en/index.htm
https://www.unicef.org/protection/child-labour#:~:text=Child%20labour%20can%20result%20in,rights%20and
%20threatening%20their%20futures.
https://www.ilo.org/ipec/Regionsandcountries/Africa/WCMS_101161/lang--en/index.htm
GIRLS AND CHILD LABOUR

Due to gender discrimination in many Indian cultures, the situation of girl

child labourers is particularly concerning. Throughout Indian history, there
has been a strong gender label of roles involving work done by male or
female children. This applies to agricultural, household, tobacco, and gem
polishing industries.
Since the beginning of time girls have had everything within them to
achieve whatever they have wanted but it unfortunately is the world that
that has convinced them that they didn’t have the potential and thus they
are stereotyped to do domestic help or any work, and not get right to
education. The girl child makes huge sacrifices for others on the family
keeping aside her own dreams and aspirations

India's social attitude toward schooling and the employment of girls are
closely related. Caste, religion, family size and type, work, familial patterns,
marriage, and other factors play a more complex role in determining the
girls' access to education. Girls suffer the most from discrimination based
on gender, class, and caste, making them the worst sufferers of child
labour

.
7

7
https://www.ilo.org/ipec/areas/Agriculture/WCMS_172261/lang--en/index.htm
https://international-partnerships.ec.europa.eu/news-and-events/stories/empowering-women-and-girls-end-
child-labour_en
https://www.wikigender.org/wiki/girl-child-labourers-in-india-an-invisible-issue/#:~:text=186%20million%20of
%20them%20are,them%2C%2042%25%20are%20girls.
https://go.gale.com/ps/i.do?p=AONE&u=googlescholar&id=GALE|
A146692913&v=2.1&it=r&sid=AONE&asid=226b5821
Landmark cases on child labour

There have been some monumental cases that have shaped the laws In our country
surrounding child labour in our country

1- Bandhua Mukti Morcha V. UOI Ors

The case of Bandhua Mukti Morcha v Union of India ORS 1997 Which was
filed directly before the Supreme Court of India, asking the Court to order
the state of Uttar Pradesh (UP) to take steps to end child labour. Following
that, a Court-appointed committee reported the magnitude of child
exploitation in UP's carpet industry, discovering that many children were
kidnapped from Bihar, that the industry primarily employed minor children
under the age of 14, and that many suffered physical abuse.
The Court decided that practical steps could be taken to protect and
promote children's rights in India's impoverished and vulnerable
populations. The Court also cited India's obligations under the Universal
Declaration of Human Rights (UDHR) and the Convention on the Rights of
the Child to provide free primary education to all children in the country and
to protect children from economic exploitation. The orders directed states to
develop policies to gradually phase out the employment of children under
the age of 14. They also ruled that all the states will have to provide
compulsory education to all children employed in factories, mines, and
other industries and to make sure that the children receive nutrient-rich
foods; and to provide regular health check-ups
2- M.C. Mehta v. State of Tamil Nadu – Another case worth highlighting is M.C. Mehta
vs Tamil Nadu State, case Sivakasi, a town in Tamil Nadu was one of the worst-affected
towns in the country in terms of child labour. Concerned about the town's intolerable
state of child labour, M.C. Mehta, a lawyer, filed a petition under Article 32 of the Indian
Constitution. He argued that employing children in hazardous match stick factories was
both deeply immoral and unconstitutional. The court decided that it is appropriate to
deal with the issue in a wider manner as it's a prevalent issue.
To solve this issue the supreme courts gave following guidelines
1-Every state government will have to carry out a survey on type of child labour
carried in their states, this would occur every 6 months
2- The state was asked to provide jobs to parents of the children, in cases where
employment is not provided to the parents or any adult of the family, an amount
of Rs. 85,000 be paid to the parents of the child for the welfare of the child. In
case, the parents fail to send the child for education, the payment shall be taken
back from the parents.
3-The education of the child in an esteemed institution should be ensured.
4- An order was given from the courts to create a separate unit within the Labour
Department for child labour, and direct labour inspectors to ensure that these
guidelines are followed.
The court also mentioned 2 vital articles that protect children from child labour
 Article 24- Right against exploitation- 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
 Article 45- Free and compulsory education of children in India- The State
shall endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for
all children until they complete the age of fourteen year .
8

Conclusion

I believe everyone is entitled to an education. Education is crucial for a

happy and successful life, just as food is for the body, especially for
children as they are not just our present but our future as it enlightens us
about the world we live in and transforms us into something much better
and encourages individual growth and helps gain confidence. The only way
to erase child labour is through education. Education can help erase

8
https://www.escr-net.org/caselaw/2015/bandhua-mukti-morcha-v-union-india-ors-1997-10-scc-549#:~:text=The
%20Supreme%20Court%20of%20India,in%20an%20effort%20to%20abolish
https://indianlawportal.co.in/m-c-mehta-v-state-o-tamil-nadu-and-others/#:~:text=A%20solicitous%20lawyer%2C
%20M.C.,morally%20preposterous%20and%20constitutionally%20invalid.

https://www.escr-net.org/caselaw/2015/bandhua-mukti-morcha-v-union-india-ors-1997-10-scc-549#:~:text=The
%20Supreme%20Court%20of%20India,in%20an%20effort%20to%20abolish
poverty by harnessing people from the poverty line so that a individual can
have a better shot at life and provide better for their family.
Childhood is a stage of life that a child should live to its fullest, child labour
deprives children of their childhood, I strongly believe a child is meant to
learn and not earn. Increasing access to free, required, high-quality basic
education is essential for minimizing child labour and is a related goal. Only
when children are mandated to attend school can child labour laws be
properly enforced. Additionally, there is a direct link between improved
educational access and a decline in child labour
As a society there is lot people can do to prevent another child’s dream
being crashed Educating people, especially businessmen and employers,
about the ill effects can help prevent child labour. Talking to them about the
impact child labour has on children and telling them about laws and
punishments of using child as a labour can bring about a change. Secondly
Our country has a childcare helpline number that is 1098 can save a child
from being exploited. It works to empower systems connected around each
corner of our country to come together to rescue this innocent souls. One
call can save a individuals life.
After a deep anaylsis of child labour in our country, exploring laws ,acts.
Cases and movements related to our country.I strongly sympathize that
laws around child labour are strong and efficient but I feel the problems
come in enforcing these laws and I think government can play a essential
role in this by working hand to hand with the parliament and higher
authorities.

I believe we need more awareness towards the topic of child labour and
this can happen in few ways
 Business owners and enterprises should be educated about laws
pertaining to child labour and penalties that can occur if the rules
aren’t followed .
 Employment opportunities should be increased for adults in order to
overcome problem of poverty. If there are more job opportunities
more people will be able to earn and provide better for their family
and thus children can go to school and study stress free. .
  Even though India has the most extensive educational system we
don’t have enough participation and that’s why need stricter
regulations surrounding child labour and one way to increase
students is to have more supervision in rural areas and providing low
income families incentives if they send their kid to school rather
making money off them.

BIBLIOGRAPHY
 https://www.unicef-irc.org/article/1971-five-years-to-
end-child-labour-education-could-be-the-solution.html

9
https://hindrise.org/resources/stop-child-labour/#:~:text=Education%20is%20the%20single%20key,send%20their
%20children%20to%20schools.
https://www.childlineindia.org/blog/How-To-Stop-Child-Labour-inia-with-Case-study-Childline-India-
1098.html#:~:text=Education%20and%20awareness,the%20laws%20and%20their%20penalties.
https://www.4to40.com/kids-questions-answers/social-science-questions-answers/what-are-the-solutions-to-
child-labour/
 https://indianlawportal.co.in/m-c-mehta-v-state-of-
tamil-nadu-and-others/#:~:text=A%20solicitous
%20lawyer%2C%20M.C.,morally%20preposterous
%20and%20constitutionally%20invalid.
 https://lawfaculty.in/m-c-mehta-v-state-of-tamil-nadu/
 https://www.ilo.org/wcmsp5/groups/public/---
ed_emp/documents/publication/wcms_150838.pdf
 https://www.wikigender.org/wiki/girl-child-labourers-in-
india-an-invisible-issue/
 https://educationforallinindia.com/do-we-have-or-not-
have-child-labour-in-india-2022/#:~:text=A%20glance
%20at%20the%20percentage,main%20and%20the
%20marginal%20workers.
 https://www.oxfamindia.org/blog/child-labour-india?
gclid=Cj0KCQiA4uCcBhDdARIsAH5jyUnpv1ojTP2x7
MolSZNosdu1ajCflTaTxXRZRyrsUulREEbg0bijx9saA
noGEALw_wcB
 https://gsdrc.org/publications/links-between-
education-and-child-labour/