भूमिका
Rooted in Article 23 (Right against Exploitation) and Article 24 (prohibition of child labour in hazardous occupations) of the Constitution, India's legislative framework aims to systematically eliminate child exploitation and ensure holistic child development.
Primary Legislative Framework
- Child and Adolescent Labour (Prohibition and Regulation) Amendment Act, 2016: Imposes a blanket ban on the employment of children below 14 years of age in all occupations and processes.
- Recognition of Adolescents: Defines a separate category for adolescents aged 14 to 18 years and strictly prohibits their employment in hazardous occupations and processes.
- Penalties and Rehabilitation: Introduces stringent, cognizable penal provisions with imprisonment up to 2 years and establishes a dedicated District Child and Adolescent Labour Rehabilitation Fund.
Landmark Judicial Precedents
- M.C. Mehta v. State of Tamil Nadu (1996): The Supreme Court mandated that offending employers pay compensation per child and directed the creation of a Child Labour Rehabilitation-cum-Welfare Fund.
- Bandhua Mukti Morcha and PUDR Cases: Broadened the judicial interpretation of Article 23 to combat forced child labour and ensure state accountability in rehabilitation.
Enforcement Mechanisms and Government Schemes
- PENCIL Portal (2017): A dedicated digital platform enabling citizens to register complaints, track enforcement actions, and monitor rehabilitation outcomes in real time.
- NCLP Convergence with Samagra Shiksha: To ensure long-term educational inclusion, the National Child Labour Project (NCLP) was merged into the Samagra Shiksha Abhiyan in April 2021 to directly mainstream rescued children into formal schooling.
निष्कर्ष
Integrating the Right of Children to Free and Compulsory Education (RTE) Act with stringent penal measures and targeted schemes ensures not only the rescue of children from exploitation but also their long-term socio-economic rehabilitation.