Article 24

Article 24 of the Indian Constitution is a Fundamental Right that prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment. Its constitutional basis lies in Part III of the Constitution, which guarantees Fundamental Rights to all citizens, including the right against exploitation.

The key provisions of Article 24, as per the concept, include:

• •Prohibition of employment of children below 14 years in factories, mines, and hazardous occupations.
• •Aims to protect children from economic exploitation and ensure their right to education.
• •Parliament has enacted various laws to give effect to this provision, such as the Child Labour (Prohibition and Regulation) Act, 1986.
• •The article is a crucial safeguard for children's health and development.
• •It complements Article 21A (Right to Education) by ensuring children are not forced into labour.

In practice, Article 24 serves as the constitutional foundation for laws and policies aimed at eliminating child labour. It mandates the state to take measures to prevent the exploitation of children in hazardous industries. The Child Labour (Prohibition and Regulation) Act, 1986, is one such law enacted to give effect to this provision. Furthermore, government schemes are implemented to provide financial assistance and support to families to prevent child labour.

Important related articles and sections include:

• •Part III of the Constitution (Fundamental Rights).
• •Child Labour (Prohibition and Regulation) Act, 1986.
• •The Constitution (Eighty-sixth Amendment) Act, 2002.
• •Article 21A (Right to Education).

Challenges in the implementation of Article 24 include:

• •Poverty and economic compulsions that force families to send their children to work.
• •Lack of awareness about the laws and rights related to child labour.
• •Difficulties in monitoring and enforcing the laws, especially in the informal sector.
• •Rehabilitation and education of rescued child labourers.

Suggested reforms often focus on strengthening enforcement mechanisms, increasing penalties for violations, and improving rehabilitation programs for child labourers. Additionally, there is an emphasis on addressing the root causes of child labour, such as poverty and lack of access to education.

Article 24 is significant in Indian democracy as it upholds the principles of social justice and equality by protecting vulnerable children from exploitation. It reinforces the state's commitment to ensuring a safe and healthy childhood for all, which is essential for building a strong and equitable society.

A common misconception is that Article 24 completely prohibits all forms of child labour. However, it specifically prohibits employment of children below 14 years only in factories, mines, and hazardous occupations. While amendments have expanded the scope, it's important to understand the specific limitations as originally defined.

Article 24 has evolved through amendments to related legislation, such as the Child Labour (Prohibition and Regulation) Act, 1986, to prohibit employment of children in all occupations and processes. There is also an increased focus on rehabilitation and education of child labourers, reflecting a more comprehensive approach to the issue.

The limitations of Article 24, as initially framed, included its specific focus on hazardous occupations, potentially leaving room for exploitation in other sectors. However, subsequent legislation has attempted to address these gaps. Enforcement remains a significant challenge.

Frequently asked aspects in UPSC include the relationship between Article 24 and other Fundamental Rights (especially Article 21A), the role of the Child Labour (Prohibition and Regulation) Act, 1986, and the challenges in implementing the provisions of Article 24 effectively. Questions often appear in both Prelims and Mains.

Comparing India's approach to Article 24 with other countries requires considering the specific legal frameworks and socio-economic contexts of those nations. Many developed countries have stricter laws and better enforcement mechanisms regarding child labour. However, developing countries often face similar challenges as India due to poverty and lack of resources.