Celebrated annually on 12th June, the World Day Against Child Labour raises awareness about the plight of millions of children trapped in labour across the world. This day reminds us of the urgent need to fight against child labour so that every child can access education, enjoy their childhood, and grow without exploitation.
According to the International Labour Organisation (ILO), 152 million children globally are victims of child labour. In India, the 2011 Census revealed that 10.1 million children between 5–14 years are engaged in work instead of attending school. Despite progress, the problem persists due to poverty, lack of education, and weak enforcement of child labour laws in India.
Yet, what is behind this recurring problem in India? There are several reasons which contribute to the causes of child labour. Why has the practice of child labour not stopped? The Child Labour (Prohibition and Regulation) Act, 1986, was a landmark move, later strengthened through the Child Labour (Prohibition and Regulation) Act, 2016, which made employing children below 14 years in any job completely illegal.
Overview
To understand the Child Labour Act Article and the government’s fight against exploitation, here’s a quick overview highlighting the situation, causes, laws, and measures.
| Section | Key Highlights |
|---|
| Day Observed | 12th June every year – World Day Against Child Labour |
| Global Statistics | 152 million children worldwide are trapped in child labour (ILO) |
| India’s Situation | 10.1 million children (2011 Census) aged 5–14 years engaged in work |
| Major States | Bihar, Uttar Pradesh, Rajasthan, Madhya Pradesh, Maharashtra (55% cases) |
| Industries Involved | Agriculture, carpet weaving, brick kilns, garments, mining, and food stalls |
| Key Legislation | Child Labour (Prohibition and Regulation) Act, 1986, amended by the Child Labour (Prohibition and Regulation) Act, 2016 |
| Child Labour Age Limit in India 2024 | Those below 14 years are prohibited in all occupations; 14–18 years are restricted from hazardous jobs |
| Punishments | Punishment for child labour in India includes 6 months–2 years imprisonment + fine ₹20,000–₹50,000 |
| Government Measures | National Child Labour Project (NCLP), education schemes, and poverty alleviation |
| Complaint Filing | Toll-free helpline (1098), Police, PENCIL portal, NGOs like Bachpan Bachao Andolan |
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5 Facts About Child Labour In India
Here are some facts about child labour in India.
1. Child labour in India as a percentage of the world's child labour
- Data: India is home to one-tenth of child labourers across the globe.
- Statistics: According to the 2011 census, the number of working children in the age group of 5-14 years is 10.1 million, where boys are 5.6 million and girls are 4.5 million.
2. Girls Are More Vulnerable
- UNICEF Report: Girls drop out of school and engage in domestic work more than boys; the proportion is twice that of boys.
3. The areas with the highest use of child labour
- States: Bihar, Uttar Pradesh, Rajasthan, Madhya Pradesh, and Maharashtra have 55% of child labourers in India.
4. Most Frequently Used Areas that Involve Child Labour
- Industries: Some of the industries that use child labour are agriculture, brick kilns, carpet weaving, garment-making industries, mining industries and food-selling stalls.
5. Government Policies and enhancements
Legislation:
- To ensure the Child Labour Act punishment government introduced the Child Labour (Prohibition & Regulation) Act of 1986, has prohibited the employment of any child below the age of fourteen years or such age as may be notified by the Central Government in hazardous jobs.
- Adjusted in the Child Labour (Prohibition & Regulation) Act 2016 to remove the possibility of employing children under fourteen years in any employment.
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Causes Of Child Labour In India
The widespread poverty in India is one of the most detrimental factors behind child labour in the nation. Most families that fall below the poverty line struggle to make ends meet. Therefore, even the youngest child in the family is expected to support the family financially.
Besides, these kids are pushed forcibly to work in poor working conditions, often in agriculture, factories, or domestic work. Nevertheless, there is a lack of easy access to education due to high education costs, inadequate infrastructure, or the societal pressure to give priority to earning over schooling. This even results in kids working at very low wages and for extended hours to meet the immediate needs of their families.
The vicious cycle of poverty is never-ending, and neither is child labour unless people come together and understand the negative impact child labour has on developing nations.
Besides, the traditional norms that kids should be pushed into earning from a young age have made things even worse. Despite the laws in India prohibiting such acts of exploitation of children, there is still a need for effective enforcement of such laws in reality. This continued exploitation of child labour in India is the result of prevalent loopholes in the system that allow for the perpetuation of child labour.
Legal Provisions And Punishments For Child Labour And Trafficking
Child labour and trafficking are grave offences under Indian law. Below is a simplified breakdown of the Punishment for Child Labour in India, key statutes, offences, and their respective punishments:
1. Enticing or Cheating Children for Work
| Statute | Offence | Section | Classification | Punishment |
|---|
| Indian Penal Code (IPC) | Cheating | Section 417 | Bailable and Non-cognizable | Up to 1 year or fine |
| Abduction for wrongful confinement | Sections 365, 367 | Non-bailable and Cognizable | Up to 7 years and fine |
| Abduction for slavery | Section 367 | Non-bailable and Cognizable | Up to 10 years and fine |
| Kidnapping through enticement | Section 363 | Cognizable and Bailable (Non-bailable in Delhi) | Up to 7 years and fine |
| Juvenile Justice (JJ) Act | Procuring a child for hazardous employment | Section 26 | Cognizable and Bailable (Non-bailable in Delhi) | Up to 3 years and fine |
2. Using Money to Entice Parents
| Statute | Offence | Section | Classification | Punishment |
|---|
| Indian Penal Code (IPC) | Buying a person as a slave | Section 370 | Bailable and Non-cognizable | Up to 7 years and fine |
| Bonded Labour System (Abolition) Act | Punishment for bonded labour advancement | Section 17 | Bailable and Cognizable | Up to 3 years and fine |
3. Selling a Child for Employment
| Statute | Offence | Section | Classification | Punishment |
|---|
| Indian Penal Code (IPC) | Selling a minor for prostitution | Section 372 | Non-bailable and Cognizable | Up to 10 years and fine |
4. Employing a Child
| Statute | Offence | Section | Classification | Punishment |
|---|
| Child Labour (Prohibition and Regulation) Act, 1986 | Employing a child in prohibited occupations | Sections 3/14 | Non-Cognizable and Bailable | Up to 2 years and fine (₹10,000–₹20,000) |
| Juvenile Justice (JJ) Act | Procuring a child for hazardous work | Section 26 | Cognizable and Bailable (Non-bailable in Delhi) | Up to 3 years and fine |
5. Restricting a Child’s Freedom
| Statute | Offence | Section | Classification | Punishment |
|---|
| Indian Penal Code (IPC) | Wrongful confinement of a kidnapped child | Section 368 | Cognizable and Non-bailable | Up to 10 years and fine |
6. Wage Exploitation or Forced Labour
| Statute | Offence | Section | Classification | Punishment |
|---|
| Bonded Labour System (Abolition) Act | Enforcing forced/bonded labour | Section 16 | Cognizable and Bailable | Up to 3 years and fine |
| Indian Penal Code (IPC) | Wage exploitation | Section 373 | Bailable and Cognizable | Up to 10 years and fine |
| | Section 374 | Bailable and Cognizable | Up to 1 year and fine |
7. Trafficking a Child for Exploitation
| Statute | Section | Act | Means | End (Exploitation) |
|---|
| Indian Penal Code (IPC) | Section 370 | Recruiting | Using threats | Physical exploitation |
| | Transporting | Using force/coercion | Sexual exploitation |
| | Harbouring | Abduction | Slavery |
| | Transferring | Fraud or deception | Practices similar to slavery |
| | Receiving | Abuse of power or inducement | Forced removal of organs, servitude |
Efforts Taken By The Indian Government To Address Child Labour
The Indian government has taken several legislative, policy, and programmatic measures to tackle child labour.
Legislative Measures
Child Labour (Prohibition and Regulation) Act, 1986:
- It is against the law to engage children under 14 in hazardous practices.
- Enumerates 18 prohibited activities that can endanger the lives of children, and 65 operations that children are not allowed to perform within their workplace.
Other Labour Laws:
- Complementary laws intend to discourage child labour to an even firmer degree.
- This is still a difficult task because there are socio-economic factors that enhance the legal implementation of the laws.
National Policies and Plans
National Policy on Child Labour focuses on:
- Legal blacklisting of child labour.
- Education for all children up to the age of 14. Education and children up to the age of the lower limits of the department.
- Measures for children in employment in hazardous occupations.
- IHP – Special projects to eliminate child labour.
National Child Labour Project (NCLP)
Started in 1988 to reclaim child labour and aims to for high-risk districts:
- Education as well as vocational training.
- Health care to promote the integration of still out-of-school children into formal schooling.
- Impact: Till now, more than 8 lakh children have benefited.
Interaction With Other Programmes
- Partnership in education, nutrition, and poverty-eradicating programmes.
- Less emphasis and effort should be directed towards raising the standard of living of families with child workers.
Sanctions For Breach Of Child Labour Laws
- Employing children under 14 in labour or hazardous activities is punishable with:
- Imprisonment: 6 months to 2 years.
- Fines: ₹20,000 to ₹50,000.
Legal Framework For Child Labour In India
1. Prohibited Activities for Children Below 14 Years
- Employment: Permitted only in own family businesses (non-hazardous) after school hours.
- Entertainment Industry: Allowed only under certain circumstances (for example, for acting or sports, or in advertisements).
2. Rules for Adolescents Aged 14-18 Years
Permitted Work: Any non-hazardous work in circumstances where the hazard increases or is created:
- Using breaks, no more than 6 working hours of training per day.
- Night work is prohibited or between 7:00 PM and 8:00 AM. No overtime.
- One mandatory weekly off.
3. Employer’s Obligations
- Provide shift records of employees, including name, age, working hours and break intervals.
- Notify the local inspector about hiring teenagers.
4. Penalties For Violation
- Imprisonment: 6 months to 2 years.
- Fine: ₹20,000 to ₹50,000.
Hazardous Occupation And Processes
Children under 18 are prohibited from working in hazardous jobs, including:
- For example business of mining, construction, fireworks, etc.
- Activities like bidi-making, carpet weaving and handling of dangerous chemicals.
- Such sectors, which are risky, include fishing, metal polishing, and stone-crushing industries.
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How To File A Complaint Against Child Labour In India?
The following points showcase the key details and ways by which one can make a complaint against child labour in India.
Offline Methods
1. Call the Toll-Free Helpline
It is Dial 1098, operated by the Childline India Foundation.
Some people can call from anywhere; they can be children.
Provide these details:
- Name of the child.
- Approximate age.
- Description of the child.
- Address or location.
2. Report to the Police
Please go and report the case of child labour at the nearest police station you can find.
Online Methods
1. File a Complaint Online
They should use the PENCIL (Platform for Effective Enforcement for No Child Labour) portal.
It is followed that all complaints are also reported to the relevant Nodal Officer.
2. Bachpan Bachao Andolan is an organisation that needs to be contacted.
(one can also call them at a toll-free number, 1800 102 7222)
Or you can forward your complaints via email, which is complaints@bba.org.in.
Conclusion
While India has taken strong legislative steps, such as the Child Labour (Prohibition and Regulation) act, 2016 and earlier Child Labour (Prohibition and Regulation) Act, 1986, enforcement gaps and socio-economic challenges continue to fuel this practice. Eliminating child labour requires not just strict adherence to the child labour law in India, but also awareness, education, and community participation.
By ensuring effective implementation of laws, addressing poverty, and prioritising education, India can create a future where children are free from exploitation and can truly enjoy their childhood
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