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Provisions Related to Children
By: Harveer Singh
twitter.com/iastoss
+91-880-2009-420
This PPT is for educational purpose only. The learner is expected to supplement the video lecture
with this ppt. The content is taken from various daily and weekly publications. Due care has been
taken in preparing the material but the tutor or superprofs would not be responsible for any error
or consequences arising out of it. 1
Constitution and Children
No child below the age of 14 years shall
be employed to work in any factory or
mine or engaged in any other hazardous
employment (Article 24);
The State shall provide free and
compulsory education to all children of
the age six to 14 years. (Article 21 (A));
2
The State shall direct its policy towards
securing that the health and strength of
workers, men and women and the tender
age of children are not abused and that
they are not forced by economic
necessity to enter vocations unsuited to
their age and strength (Article 39-e);
3
Children shall be given opportunities
and facilities to develop in a healthy
manner and in conditions of freedom
and dignity and that childhood and
youth shall be protected against moral
and material abandonment (Article 39-
f);
4
The State shall endeavour to provide
within a period of 10 years from the
commencement of the Constitution for
free and compulsory education for all
children until they complete the age of
14 years (Article 45).
Child labour is a matter on which both
the Union Government and state
governments can legislate 5
The Child Labour (Prohibition and
Regulation) Act, 1986
Prohibits the employment of children
below the age of 14 years in 16
occupations and 65 processes that are
hazardous to the children's lives and
health.
In October 2006, the Government has
included domestic sector as well as
roadside eateries and motels under the
prohibited list of hazardous occupations.6
September 2008 Dyeing as well as process
involving excessive heat and cold;
mechanical fishing; food processing;
beverage industry; timber handling and
loading; mechanical lumbering; warehousing;
and
processes involving exposure to free silica
such as slate, pencil industry, stone grinding,
slate stone mining, stone quarries as well as
the agate industry were added to the list of
prohibited occupations and processes;
7
The Factories Act, 1948
Prohibits the employment of
children below the age of 14 years.
15 and 18 years old can be
employed only if he obtains a
certificate of fitness from an
authorized medical doctor.(Only 4.5
hours, only daytime.
8
The Mines Act, 1952
The Act prohibits the employment of
children below 18 years of age in a
mine. Further, it states that apprentices
above 16 may be allowed to work under
proper supervision in a mine.
9
The Juvenile Justice (Care and Protection)
of Children Act, 2000
Exploitation of a Juvenile or Child
Employee (any hazardous employment ,
bondage, withheld earnings) is liable for
fine and jail (3 years).
Relief and rehabilitation benefits to a
large number of children.
10
The Minimum Wages Act, 1948
Prescribes minimum wages with subject
to revision by central and state govt.
This Act as an effective instrument to
combat child labour in that it is being
used in some States (such as Andhra
Pradesh) as the basis on which to
prosecute employers who are employing
children and paying them lower wages.
11
RTE Act-2009
Free and compulsory education to all
children aged 6 to 14 years.
This legislation also envisages that 25
per cent of seats in every private school
should be allocated for children from
disadvantaged groups including
differently-abled children
12
India is a signatory to
India is a signatory to the:
ILO Forced Labour Convention (No.
29);
ILO Abolition of Forced Labour
Convention (No. 105);
UN Convention on the Rights of the
Child (CRC).
13
M.C. Mehta case (1996)
The Supreme Court, directed the Union
and state governments to identify all
children working in hazardous processes
and occupations, to withdraw them from
work, and to provide them with quality
education.
14
Thank You.
• For any
feedback/query/word of
thanks, the Tutor can be
contacted at
harveersinh@gmail.com
15

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Lecture # 50 constitutional and legal provisions related to children

  • 1. Provisions Related to Children By: Harveer Singh twitter.com/iastoss +91-880-2009-420 This PPT is for educational purpose only. The learner is expected to supplement the video lecture with this ppt. The content is taken from various daily and weekly publications. Due care has been taken in preparing the material but the tutor or superprofs would not be responsible for any error or consequences arising out of it. 1
  • 2. Constitution and Children No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment (Article 24); The State shall provide free and compulsory education to all children of the age six to 14 years. (Article 21 (A)); 2
  • 3. The State shall direct its policy towards securing that the health and strength of workers, men and women and the tender age of children are not abused and that they are not forced by economic necessity to enter vocations unsuited to their age and strength (Article 39-e); 3
  • 4. Children shall be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth shall be protected against moral and material abandonment (Article 39- f); 4
  • 5. The State shall endeavour to provide within a period of 10 years from the commencement of the Constitution for free and compulsory education for all children until they complete the age of 14 years (Article 45). Child labour is a matter on which both the Union Government and state governments can legislate 5
  • 6. The Child Labour (Prohibition and Regulation) Act, 1986 Prohibits the employment of children below the age of 14 years in 16 occupations and 65 processes that are hazardous to the children's lives and health. In October 2006, the Government has included domestic sector as well as roadside eateries and motels under the prohibited list of hazardous occupations.6
  • 7. September 2008 Dyeing as well as process involving excessive heat and cold; mechanical fishing; food processing; beverage industry; timber handling and loading; mechanical lumbering; warehousing; and processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries as well as the agate industry were added to the list of prohibited occupations and processes; 7
  • 8. The Factories Act, 1948 Prohibits the employment of children below the age of 14 years. 15 and 18 years old can be employed only if he obtains a certificate of fitness from an authorized medical doctor.(Only 4.5 hours, only daytime. 8
  • 9. The Mines Act, 1952 The Act prohibits the employment of children below 18 years of age in a mine. Further, it states that apprentices above 16 may be allowed to work under proper supervision in a mine. 9
  • 10. The Juvenile Justice (Care and Protection) of Children Act, 2000 Exploitation of a Juvenile or Child Employee (any hazardous employment , bondage, withheld earnings) is liable for fine and jail (3 years). Relief and rehabilitation benefits to a large number of children. 10
  • 11. The Minimum Wages Act, 1948 Prescribes minimum wages with subject to revision by central and state govt. This Act as an effective instrument to combat child labour in that it is being used in some States (such as Andhra Pradesh) as the basis on which to prosecute employers who are employing children and paying them lower wages. 11
  • 12. RTE Act-2009 Free and compulsory education to all children aged 6 to 14 years. This legislation also envisages that 25 per cent of seats in every private school should be allocated for children from disadvantaged groups including differently-abled children 12
  • 13. India is a signatory to India is a signatory to the: ILO Forced Labour Convention (No. 29); ILO Abolition of Forced Labour Convention (No. 105); UN Convention on the Rights of the Child (CRC). 13
  • 14. M.C. Mehta case (1996) The Supreme Court, directed the Union and state governments to identify all children working in hazardous processes and occupations, to withdraw them from work, and to provide them with quality education. 14
  • 15. Thank You. • For any feedback/query/word of thanks, the Tutor can be contacted at harveersinh@gmail.com 15