Child Labour and the Constitution: What Does Article 24 Really Say?

Child labour has been a longstanding issue in India, deeply embedded in the socio-economic fabric of the country. Despite multiple laws, policies, and constitutional provisions aimed at its elimination, child labour continues to affect millions of children across India. Among the most significant legal safeguards is Article 24 of the Indian Constitution, which serves as a crucial weapon against the exploitation of children. But what does it actually say? And how effective has it been in practice?

What is Article 24?

Article 24 of the Constitution of India 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.”

This provision is part of the Fundamental Rights enshrined in Part III of the Constitution, making it justiciable—meaning it can be enforced through the courts. The purpose of this article is to protect children from economic exploitation and to ensure that they are not forced into labour that can harm their health, development, or dignity.

However, Article 24 applies specifically to hazardous employment, leaving room for interpretation and sometimes exploitation in non-hazardous sectors like agriculture, domestic work, and small-scale family businesses. This loophole has often been criticized by child rights activists who believe that no child should be working, regardless of the nature of the job.

The Conception of Child in Indian Constitution and Penal Code

Understanding the conception of child in Indian Constitution and Penal Code is essential to grasp the full picture. The Constitution, under Article 24 and related provisions, defines a child as a person below the age of 14. However, various laws define “child” differently depending on the context. For instance, the Indian Penal Code (IPC) often refers to a child as someone below the age of 12, while the Juvenile Justice (Care and Protection of Children) Act recognizes individuals below 18 as children.

This multiplicity in definitions leads to inconsistencies in enforcement and legal interpretation. For example, a 13-year-old may be protected under Article 24 but not under some provisions of the IPC if the age threshold is lower.

Children Rights in India

The broader framework of children rights in India goes beyond just Article 24. India is a signatory to the United Nations Convention on the Rights of the Child (UNCRC), and its Constitution includes several provisions that safeguard children’s welfare:

• Article 21A guarantees free and compulsory education to all children aged 6 to 14.

• Article 39(e) and (f) of the Directive Principles of State Policy call upon the State to ensure that children are not abused and that they grow up in healthy conditions.

• The Right of Children to Free and Compulsory Education Act, 2009 operationalizes Article 21A and aims to ensure that every child receives an education.

Despite these legal safeguards, ground realities often tell a different story. According to recent estimates, millions of children are still out of school and are engaged in some form of labour, depriving them of a proper childhood.

Role of Law in Development of Child

The role of law in development of child is pivotal. Legal interventions not only protect children from exploitation but also create an environment conducive to their holistic growth. Laws like the Child Labour (Prohibition and Regulation) Act, 1986, later amended in 2016, have made significant strides by prohibiting the employment of children below 14 in any occupation and banning adolescents (14–18 years) from hazardous occupations.

Additionally, the judiciary has played an active role through landmark judgments. In the MC Mehta vs. State of Tamil Nadu (1996) case, the Supreme Court issued guidelines for the elimination of child labour and the rehabilitation of affected children, reinforcing the constitutional vision.

Bridging the Gap Between Law and Reality

While Article 24 provides a strong constitutional foundation, the real challenge lies in its implementation. Poverty, lack of education, and social acceptance of child labour make enforcement difficult. Moreover, the informal nature of much of this work makes it harder to regulate and monitor.

Therefore, a multi-pronged approach is needed—stronger law enforcement, community awareness programs, quality education, and poverty alleviation schemes. Empowering families economically can reduce their dependence on income from child labour and keep children in schools.

Conclusion

Article 24 of the Constitution is a vital safeguard against child labour, but it is only one piece of a much larger puzzle. To truly uphold children rights in India, we need to align constitutional ideals with ground realities. This includes clarifying the conception of child in Indian Constitution and Penal Code, strengthening enforcement mechanisms, and recognizing the indispensable role of law in development of child. Only then can we hope to eradicate child labour and ensure every child in India enjoys the childhood they rightfully deserve.