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| Child labour and constitutional protection to children | | |  Advcate simple chhabra
Today children tommrow future. They are blooming flowers of the garden and society. They are the future custodian of sovereignty, rule of law , liberty,
Justice and finally peace and security. They are the future shoulder in the form of great philosophers, teachers, judges, workers planners on which the country would rest. The future of any nation is determined on how its children develop and grow. A child is not only a national arret but also a international wealth. So the interests of children should be given supreme position. “”Nations children are supremely important arret” There nature and solitude are our responsibility The juvenile justice system as a whole, must be a part of this national objective .juvenile justice system can rightly demand from the nation a discriminatory treatment in pursuance of the provision as laid down in the articles of constitution. A part from the provisions of the constitution some special acts has been barred for children.
Constitutional policy the need of special protection to children has constitutional sanctity. Constitution gives various provision for the protection and welfare of children.
Article 15(3) says.
“Nothing in this article shall prevent the state from making any special provision for women and children” This article gives special treatment to children and allows for the enactment of special laws for the welfare and protection of children. Special legislation dealing with the juvenile matters may be protected by this constitutional provisions. All juvenile justice act are under this prevision.
Article (24)
Article 24of constitution provides that ,”No child below the age of 14 years be employed to work in any factory or mine ,or in any hazardous employment”.
Case M.C Mehta v/s state of Tamilnadu.
In this case it was held by supreme court that children should not be permitted to work in the manfacturing process of match rites and fire works industries . The court further held that the minimum wages for the child labour should be fixed.
Salal Hydro Project Case That construction work being hazardous employment, children below 14 cannot be employed in this because of constitutional prohibition Therefore supreme court has emphasized the great importance of child welfare in the country. Again the supreme court also pointed out that the employment of children in Match factories should be prohibited. Because the employment of children within the match factories directly connected with the manfacturing process up to final production of match sticks fire works should not at all be permitted. The court further observed that
“The spirit of the constitution perhaps is that children should not be employed in factories as childhood is the formative period and in the term of article 45they are meant to be subjected to free and compulsory education until they complete the age of 14 years.
Article 39 (f) says that “The children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral abandonment.”
This article provides protection of children from exploitation and gives provision for opportunities to children develop in a healthy manner.
Case Laxmi Kant v/s union of India” the Supreme Court in this regarded article 15(3), 24 and 39 (e) and (f) emphasised upon the great importance of child welfare in the country. Accordingly the court has taken opportunity to lay down guidelines for the adaptation of Indian children by foreign parents as there was no statutory enactment for the purpose.
Case Banthua mukta marcha v Union of India”
In this case question specifically raised was regarding employment of children in carpet industry in the state of U.P after referring article 24,39(e) and 39(f) The supreme court observed that it would therefore be compent upon the state to provide facilities and opportunities as gained under article 39(e)and 39(f).
Article 45 a duty is imposed upon the state to provide free and compulsory education within period of ten years commencement of the constitution for all the children until they complete the age of 14years. Article 45 is thus supplementary to article 24 on the ground that when the child is not to be employed before the age of 14 years he is to kept occupied in some educational institutions.
In the supreme court in the case of Mc. Mehta v.state of Tamil Nadu has allowed children to work in a prohibited occupation .The court obeserved. “The Provision of article 45 directive principles of state policy has still remained a far cry and though according to this provision all children upto age of 14 years are supposed to be in the school . Economic necessity forces grown up children to seek employment”
similarly, in J.P Unnikrishnan V. State of Andhra Pradesh, the apex court has recognised primary education as an aspect of personal liberty and thus elevated it to the level of each child ‘s constitutional right to free education upto the age of 14years. Supreme Court has for the first time in the judicial history declared that right to education upto 14years as fudamental right with the result that it will necessarily enable the poor children to have access to education which will enable them in achieving social, economic, and political justice.
Conclusion: Constitution of India gives various provisions for protective discrimination to children protection from exploitation , right to education, prevention from working in the hazardous places has been given to children but the need of the day is whole hearted implementations of the provisions. |
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