Exploitation of Children – Fundamental Rights

The fundamental law which is directly related to the exploitation of children falls under Article 24. It is extremely important to protect children from exploitation by making them aware of their fundamental rights. As even according to the United Nations, exploitation of children at a young age, or forcing them to work affects physical and mental health and has lifelong consequences. It disrupts childhood and takes away the fundamental right to live free and secure in the nation.

This article covers the basic fundamental rights related to children and their exploitation in the work culture. Rights such as the Mines Act, Child Labour Act, and Bonded Labour Act are all made to prevent Child exploitation, child labour and forced action on under-aged children.

Fundamental Rights in the Context of Child Protection

Several rights have been mentioned in the Constitution regarding the protection of Child welfare while safeguarding the child’s rights by providing it with a special status. The Constitution has several sets of articles to safeguard the rights of children which are based on the principles of the United Nations. Following are a set of articles which govern the context of Child Protection and Welfare:

• Article 24: Article 24 regards the protection of children that all those till the age of 14 or under are prohibited from being employed in hazardous sites of work, dangerous industries, sites for mining etc. It prohibits child labour and bonded labour, that is, forced to work without any payment.
• Article 39: Article 39 states the rights of children to prevent them from exploitation. It has a set of rules mentioned to prohibit forceful work from children, thus providing them with an opportunity to receive education until they become mature enough to work. Children cannot be forced to work for those occupations they think are harmful for them and they must be protected from child labour.
• Article 45: Article 45 defines the right to education for children. It clearly states that all those 14 or less are entitled to receive mandatory free and accessible education. This is listed in the Constitution and thus the children can’t be employed until and unless they receive a minimum of education until 14 years of age which is free and compulsory for all.

Constitutional Provisions Addressing Child Exploitation

There are certain constitutional provisions that address the need to eradicate child exploitation. Below are some articles mentioned that constitute of certain rights that help in reducing child exploitation.

• Article 21: As mentioned previously, Article 21 is the one responsible for the right to education. It has made education free and mandatory to children between 6 to 14 years of age group.
• Article 23: According to Article 23, child trafficking and forced labour is prohibited and considered illegal. If any child is a victim of child trafficking, that is, selling of children then he or she has the right mentioned in the Constitution which can be availed. It also prohibits bonded labour, that is forced working by children without any sort of payment being made to the child.
• Article 24: Article 24 has a set of rules that clearly mentions the prohibition of employment of children under 14 in hazardous places of occupation, such as mining sites, excavation sites, industries etc.

Laws & Regulations for Child Protection

Over the years certain laws have been formulated and amended to protect the development, rights, security and the welfare of children. Following are a few laws and regulations for child protection:

1. Juvenile Justice Act 2000: The term Juvenile means for young, here ideally meaning children. This act states that children will be protected whatsoever be the reason, child labour, bonded labour, child protection etc. It provides utmost importance to the juvenile section, or the youth of the society to enhance the welfare and development of both the country and it’s citizens.
2. Factories Act 1948: According to this act, children under 14 can’t be employed in hazardous sites of occupation as mentioned previously, sites of excavation, mining, or dangerous industries etc. For those falling under 18 but above 14 need a mandatory fitness certificate to prove that in order to work at the site, they are physically fit for the task.

Landmark Judgements Related to Child Exploitation

There have been certain landmark judgements related to child exploitation. Landmark judgements are those cases which have a serious effect on the judiciary, or the law making body of the country and this leads to several constitutional principles being changes, or amendments or involvement of certain rights. Below are two landmark judgements in regard to child exploitation.

1. Vishall Jeet v/s Union of India: This case dealt with the protection of children and those facing forced crimes such as child labour, trafficking, or prostitution, particularly concerning with minor girls. The court decides to send such children who have been exploited to the rehabilitation centre for further care and protection.
2. Prerana v/s State of Maharashtra: This case dealt with the dealing of victims who were trafficked for selling of organs for multiple purposes. It also revolved around how only the child welfare department is responsible for the girls being rescued from brothels.

Conclusion – Which Provision of Fundamental Rights Is Directly Related To The Exploitation Of Children?

Thus, we can conclude that exploitation of children is declared as an illegal act. Under Article 24, child exploitation is a heinous act and that if any child is hired for work in dangerous places such as industries, or mines, excavation sites and he or she is under 14 years of age, then the industry will be sued by the courts. The Child Labour Act also states the same thing that if a child is under 18 years of age then forced employment of the child or employment in hazardous places which might be fatal for children is considered as exploitation. And this directly falls under the fundamental right of Right to Exploitation and the person involved in such conspiracies can be sued.

FAQs – Which Provision of Fundamental Rights Is Directly Related To The Exploitation Of Children?

Which article defines the fundamental right of child exploitation?

Article 24 defines Exploitation of child that is a fundamental right.

What does Article 24 state?

This article states that until and unless a child turns 14, he/she is not entitled to work in dangerous places such as factories, industrial areas or mines, any place which could indirectly or directly affect the well being of the child at such a young age.

When was the Child Labour Act introduced ?

The Child Labour Act was introduced in the year 1948.

When was the first amendment bought in the Child Labour Act?

The first amendment in the Child Labour Act was bought in the year 2016.

What are the amendments been made in the Child Labour Act?

The amendments were that not only children would not be employed in hazardous places, but they would not be employed anywhere stating their 18 years of childhood & free existence.

How has Article 24 helped contribute towards the better development?

The article 24 has helped redefine the vision of education of children and in safeguarding not only human rights, but civic and societal rights.

What are the places where the Child Labour Act restricts employment for children?

The Child Labour Act restricts employment for Children at hazardous places such as sites for mining, excavation, dangerous industries etc.

What was the need to include a Child Labour Act in India?

The Child Labour Act ensures the exercise of fundamental rights and that without the authority of the concerned involved in hiring the children one cannot allow child employment under 18 years.

Are children above 14 not allowed to work?

No. Children above 14 years of age are allowed to work but not in hazardous places of employment.

Are there any certain International Laws based on Exploitation of Children?

Yes. According to the United Nations laws of 1989, children are also humans with their own individual rights and they are free to have choices and execute them.