Peer-reviewed article
Child Labour In India : Law And Reality
A. Dineshkumar, K.Rajesh Kumar ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study examines child labour in India through its constitutional and legal frameworks, identifying gaps between laws designed to protect children and their actual implementation in practice. The research reviews the Child and Adolescent Labour Act of 1986, constitutional protections, and judicial responses to child labour. It identifies poverty, lack of education, unemployment, and social inequality as major socio-economic drivers of child labour. The study concludes that stronger enforcement mechanisms, accessible education, and coordinated government efforts are needed to make existing laws effective.
Key points
- Child labour in India persists despite constitutional safeguards, statutory provisions, and judicial interventions
- Child labour affects physical and mental development and deprives children of education, dignity, and opportunities
- Major socio-economic factors contributing to child labour include poverty, lack of education, unemployment, and social inequality
- Significant gaps exist between legal prohibition of child labour and its continuing existence in Indian society
- Effective implementation requires stronger enforcement mechanisms, accessible education, rehabilitation measures, and coordinated institutional efforts
Limitations
This is a doctrinal legal study using secondary sources (laws, court decisions, reports) rather than empirical research. It does not provide quantitative data on child labour prevalence, outcomes of specific interventions, or ground-level evidence of how laws are currently being enforced.
Abstract
Child labour remains one of the significant social and legal challenges in India, despite the existence of constitutional safeguards, statutory provisions, judicial interventions, and various governmental measures aimed at its elimination. The employment of children not only affects their physical and mental development but also deprives them of education, dignity, childhood, and opportunities for a better future. The continued existence of child labour raises important questions regarding the effectiveness of the legal framework and its implementation in practice. This study critically examines child labour in India by analysing the constitutional framework, relevant statutory provisions, judicial interpretations, governmental measures, and the practical realities associated with the persistence of child labour. Particular emphasis is placed on the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, constitutional provisions relating to the protection and development of children, and the role of the judiciary in safeguarding children from exploitation. The study further examines the major socio-economic factors contributing to child labour, including poverty, lack of education, unemployment, and social inequality. Adopting a doctrinal research methodology, the study relies upon constitutional provisions, statutory enactments, judicial precedents, government reports, recognised legal commentaries, research articles, and other relevant secondary sources. The research seeks to identify the gap between the legal prohibition of child labour and its continuing existence in Indian society. It critically evaluates whether the existing legal and institutional mechanisms are adequate to prevent child labour and ensure the effective rehabilitation and protection of affected children. The study ultimately seeks to highlight the need for effective implementation of child labour laws, stronger enforcement mechanisms, accessible education, rehabilitation measures, and coordinated governmental and institutional efforts to achieve the constitutional objective of protecting children from exploitation and ensuring their right to a dignified childhood.