India’s National Child Labour Policy: Legal Framework and Challenges

This article aims to analyze the National Child Labour Policy, its implications, and the legal framework, aiming to eradicate child labour. The author has personally witnessed numerous instances of child labour. During a trip to the Mysore Palace, while exploring the palace from outside, a young boy approached, trying to sell roses. The boy ran up to many people, but no one noticed him. Later, the teacher explained that the boy needed to sell roses worth at least Rs. 10 to afford a meal to satisfy his hunger at the nearest shop.

Each time the author encountered such incidents, she gathered data on child labour and included it in this paper. This article emphasizes the need for effective enforcement of the law to enhance the welfare of children and ensure their rights are protected.

Legal Framework

India has an immense of child labour prevention laws to prevent exploitation against children and ensure child welfare, some of which (Factories Act of 1881, Factories Act of 1891, and Employment of Children Act, 1938) were enforced in the pre-independent period. Following this legal path, the Constitution guarantees certain inalienable rights. It prevents the employer from engaging children under the age of 14 in a factory or mine or engaging in any other hazardous employment. (Article 24 Constitution of India)

The Constitution promotes the prevention of forceful labour and abuse of children in workplaces that are unsuited to their age or strength. [Article 39(e) Constitution of India]

The state ensures conditions of freedom, dignity, and a healthy environment for childhood. [Article 39 (f), Constitution of India]

Indian law incorporates international norms, including universal principles such as setting a minimum age (15 years) for admission to employment [Article 2, Minimum Age Convention, 1973], eliminating the worst forms of child labour [Article 3, Child Labour Convention, 1999] and protecting children from hazardous work To enforce both national and international standards, the government enacted the Child Labour (Prohibition and Regulation) Act, of 1986, which was amended in 2016. The Act prescribes 6 months to 2 years of imprisonment and a fine ranging from ₹20,000 to ₹50,000 for employers who hire children below 14 years for any form of employment. For employing adolescents aged 14 to 18 years in hazardous work, the punishment remains the same. Habitual offenders may face 1 to 3 years of imprisonment.

Data Gaps and Challenges in Addressing Child Labour

The state does not collect specific child labour data under the Census Act, 1948, and other statutes. However, they collect and publish data on workers (main and marginal) and non-workers. The last data was collected in 2011 in the form of a census. The state has not collected data for this purpose, which shows their lack of interest in preventing child labour laws and their enforcement.

Current Challenges in the Enforcement of Child Labour Laws

The Government has launched many welfare schemes like E-Baal Nidan, a special portal for Jammu & Kashmir, Baal Swaraj, Sahara, and the Out-of-School Children Trafficking Portal. However, people are not aware of these schemes. The Government initiates efforts for child welfare, but their actions at the implementation level are very limited.

Even I can identify children under 14 years of age engaged in employment in Bangalore. They are predominantly involved in selling flowers and small items, working in hotels, mechanic shops, and so on, but state agencies are unable to identify child labour in Bangalore. The major challenge is that legislators enact laws, but state actors fail to implement them effectively.

Highlights of the National Policy on Child Labour – An Assessment 2023

The National Policy on Child Labour was initiated in 1987, but it was implemented after the Amendment Act 2016. It completely banned the employment of children under 14 years old. When was the first time the term adolescent’ was incorporated? Following these amendments act 2016, Child Labour (Prohibition and Regulation) Amendment Rules 2017 was enacted.

These rules widely provide for the prevention, rescue and rehabilitation of child and adolescent labour. The state didn’t collect any particular data regarding child labour from 2011. The new policy coordinates all the ministries to fetch the data on child labour. Whatever information and data is there comes from the Census, which is done every 10 years.

Therefore, it was felt necessary to collate up-to-date data biannually, if not annually through a dedicated method by the Government. Child labour is multi- phenomenon demanding a multitude of solutions for an effective resolution. The stakeholders shall consider the policies, budget, appraisals, feasibility studies, evaluations, economic-development targets/goals, etc. at the national, sub-national, and sectorial levels and with regional bodies.

Despite the country’s economic and social progress, the implementation of the national programme highlights that eradicating child labour and addressing broader child rights issues remains a persistent challenge.

Many working children face a complex web of difficulties, including household poverty, the prevalence of informal economies, and an unregulated agricultural sector. These challenges are further compounded by vulnerabilities linked to conflicts, natural disasters, migration, human trafficking, internal displacement, bonded labour, and social exclusion. Additionally, limited access to social protection, high youth unemployment, weak enforcement mechanisms, lack of public awareness, and inefficiencies in coordination and service delivery continue to hinder progress.

Key stakeholders in addressing the challenges include major ministries such as the Ministry of Labour and Employment, Ministry of Women and Child Development, Ministry of Social Justice & Empowerment, and Ministry of Education. Additionally, other crucial ministries focus on sectors deeply affected by these issues, including agriculture, mining, tourism, and urban development. Agencies responsible for managing internal and external migration and combating trafficking also play a vital role in this collective effort.

Rigorous monitoring and compliance are essential to fulfill the government’s policies aimed at securing children’s rights. The Committee urges government agencies to embrace seamless collaboration and coordination, leveraging IT-enabled tools and a robust tracking system to monitor every rescued child. This approach is critical to ensuring that no child is subjected to re-victimization.

The government should prioritize integrating ‘Child Budgeting’ into all budgets and programs across the Central and State Governments and their undertakings. Additionally, it must ensure that the allocated funds for children are utilized effectively while progressively increasing the budget to address their evolving needs.

The government’s top priority should be preventing any violation of children’s rights while building and maintaining a strong safety net to protect every child. This includes ensuring children and their families have access to quality healthcare, education, and social security. Leveraging technology for active monitoring of areas prone to child labour can significantly enhance efforts to rescue and rehabilitate children strategically and holistically.

In alignment with Sustainable Development Goal (SDG) 8.7, the government must act swiftly and effectively to eradicate forced labour, modern slavery, and human trafficking, ensuring the prohibition and elimination of the worst forms of child labour, including the recruitment and use of child soldiers. The goal is to end all forms of child labour by 2025.

Following the ratification of International Labour Organisation (ILO) Conventions 138 and 182 in 2017, the successful implementation of the National Policy on Child Labour is crucial. Achieving this milestone will not only uphold the rights of children but also elevate the country’s global standing and reflect its commitment to becoming a leader among developed nations.

Concluding Thoughts

The fight against child labour in India is a complex yet vital mission, demanding a multifaceted approach grounded in strong policies, efficient enforcement, and collective societal effort. This article has examined the National Child Labour Policy, its legal framework, and the ongoing challenges in eradicating child labour, offering insights into both progress made and persistent gaps. While laws like the Child Labour (Prohibition and Regulation) Act and its 2016 amendment have set critical benchmarks, the lack of updated data, limited awareness, and weak implementation continue to undermine their effectiveness.

India's commitment to eliminating child labour, as underscored by its ratification of ILO Conventions 138 and 182 and its alignment with SDG 8.7, reflects a broader vision of safeguarding children’s rights and dignity.

However, the realization of this vision requires more than legislative action. It calls for the seamless integration of child welfare into budgeting, comprehensive monitoring systems to prevent re-victimization, and the utilization of technological tools to track and rehabilitate affected children.

References

[1] National Policy on Child Labour – An Assessment 2023

[2] Constitution of India, 1950

[3] Minimum Age Convention, 1973

[4] Worst Forms of Child Labour Convention, 1999

[5] United Nations Convention on the Rights of the Child, 1990