Article 24: No Child Under 14 can Work in these Jobs

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Article 24 of the Indian Constitution clearly says:
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 makes it a fundamental right of children and a duty on employers and the State. It protects children from being forced into dangerous work and ensures their childhood is not lost in labour.

Why was this Law Created?

Before independence, children worked in factories, coal mines, and fields under unsafe conditions. Many suffered injuries, illnesses, and even death. After independence, the framers of the Constitution made Article 24 part of Fundamental Rights, ensuring children are kept out of dangerous work and instead go to school (Article 21A).

Key Laws Supporting Article 24

Article 24 is not standalone. It is enforced through several laws:

• Child Labour (Prohibition and Regulation) Act, 1986: Bans hazardous work for children below 14.
• Child Labour (Prohibition and Regulation) Amendment Act, 2016: Total ban on employment of children under 14 in all jobs, except helping their family after school hours in non-hazardous work.
• Factories Act, 1948: Children below 14 cannot work in factories.
• Mines Act, 1952: Children below 18 cannot work in mines.
• Bonded Labour System (Abolition) Act, 1976: Frees children from bonded and forced labour.

IPC and Criminal Liability

Employing children under hazardous conditions is not just a violation of labour law but can also trigger criminal provisions under IPC:

• IPC Section 374: Unlawful compulsory labour.
• IPC Section 370 & 370A: Trafficking of minors for labour.
• Juvenile Justice Act, 2015 (Section 79): Employing a child in hazardous occupation is punishable.

Punishments for Violations

The Child Labour (Prohibition and Regulation) Amendment Act, 2016 lays down strict penalties:

• Employing a child below 14:
  • Imprisonment: 6 months to 2 years
  • Fine: ₹20,000 to ₹50,000
  • Or both.
• Repeat offences: Stricter imprisonment up to 3 years.
• Parents: Exempted from punishment if they send children to help in family enterprises, but if forced labour or trafficking is involved, parents too can face action.

Bailable or not?

• First-time offences: Generally bailable.
• Repeat and trafficking-related cases: Non-bailable under JJ Act and IPC.

Real-Life Examples

• In 2013, Sivakasi (Tamil Nadu), authorities rescued hundreds of children below 14 from firecracker factories. Employers were prosecuted under the Child Labour Act and IPC.
• In 2017, Delhi, 26 children were rescued from a bindi-making factory. Employers faced imprisonment and fines.
• National Census 2011 reported 10.1 million child labourers (5–14 years). Post-2016 amendment, enforcement has been stricter.

Difference Between Hazardous and Non-Hazardous Work

• Hazardous: Mines, factories, chemical plants, fireworks, carpet weaving, bidi making, match factories, construction, etc.
• Non-Hazardous: Helping family shop, assisting parents in agriculture (after school hours, not during school time).

But remember, after 2016 amendment, children under 14 cannot be employed anywhere except family-based, non-hazardous work after school.

Case Laws

• M.C. Mehta vs. State of Tamil Nadu (1996): Supreme Court directed that children employed in hazardous industries must be withdrawn and provided education. Compensation of ₹20,000 per child imposed on employers.
• People’s Union for Democratic Rights vs. Union of India (1982): Supreme Court held that employing children below 14 in construction work violates Article 24.

Simplified Example

If a 12-year-old boy is found working in a stone quarry in Rajasthan:

• The employer is violating Article 24 and the Child Labour Act.
• Punishment: Minimum 6 months jail + fine of ₹20,000.
• If it is a repeat offence or involves trafficking, the case becomes non-bailable with harsher punishment.

Impact of Article 24

• Reduced visible child labour in hazardous industries.
• Strengthened India’s international image by complying with ILO conventions.
• Pushed more children into schools under Article 21A (Right to Education).

Challenges remain in rural India where child labour is disguised as “helping family” or “apprenticeship.”

Takeaway for Citizens and Employers

• Children below 14 cannot be employed in any job.
• Hazardous jobs are banned for all minors.
• Employers hiring children risk imprisonment and heavy fines.
• Parents must ensure children study, not work in dangerous places.

FAQs

1. What is Article 24 of the Indian Constitution?
It prohibits employment of children below 14 years in factories, mines, and hazardous jobs.

2. What is the punishment for violating Article 24?
Jail term of 6 months to 2 years, fine of ₹20,000 to ₹50,000, or both under the Child Labour Act.

3. Is it bailable or non-bailable?
First-time offences are usually bailable, but repeat or trafficking cases are non-bailable.

4. Can children work in family businesses?
Yes, but only in non-hazardous family enterprises, and only after school hours (as per 2016 amendment).

5. Which IPC sections apply for child labour?
Sections 370, 374 IPC and Juvenile Justice Act provisions apply for exploitation and hazardous employment.