Child Labor

Child labor laws in India 

 The most violated human rights are children rights. Around 185,000 children are working as domestic labour (2001 census). Is the most highlighted problem globally.

The children’s are being forced in many labour works, domestic works, bonded labour, rag picking, forced to work in roadside eateries, prostitution, in factories etc.

Causes:

Poverty, child trafficking, ignorance of parents, discrimination of gender, children are easily targeted only for the reason that they cannot raise their voice as adults.

Child LabourlawaIndia :

Children who are engaged in labour work for economic gains, harmful works or hazardous works below the age of 14 years.

In India there are many Laws enacted to protect the rights of children which are as follows:

The Child Labour Act, 1986.

The Factories Act, 1948

The Mines Act, 1952

The Bonded Labour System Abolition Act

Constitutional provisions:

Article 24 provides: strictly prohibits children to work in hazardous environment.

Article 21, 45 gives the right to education to all the children below the age of 14years.

Article 39 declares the duty of the State to provide the children a free and facilities to develop in a healthy manner and in conditions of freedom and dignity.

Child labour in domestic work has been strictly banned by the Government, because of the increased cases of child abuse and sexual abuse of children especially girl child.

The government has a special cell to help children in exploitive circumstances. These cells comprise of social inspectors, as well as other administrative personnel, employed specifically to deal with child labour issues.

There are many organization which aims to stop the child labour on global level such as CRY, UNICEF, ILO etc.

To stop child labour is not only governments but each individual’s social responsibility, as children are assets of a nation.

Child Laws in India

Children are the future of a country. They bring the development & prosperity to the country. But as we all know that the children are the most vulnerable part of the society & can be easily targeted. In India we have enacted many laws & Acts related to Children in order to protect them & to give them a better & sound development. Constitutional Provisions : Preamble Commitment: Justice, liberty, equality, & fraternity for all the citizens including children are the main purpose of the Constitution. Article 14: Equality before law & equal protection of laws. It is available to every person including children. Article 15 (3): empowers the State to make special legal provision for children. It makes mandate to the government to ensure children’s welfare constitutionally. Article 21: it mandates free & compulsory education for all the children in the age group of 6- 14 yrs. Article 23: puts total ban on forced labour& is punishable under the Act. Article 24: prohibits employment of children in hazardous factories below the age of 14yrs.; e.g.: mine, match industries etc. Article 51 A clause (k) & (j): the parent or the guardian to provide opportunities for education to his child or as case may be ward between the age of 6- 14 yrs. Directive principles in Constitution of India also provide protection for the children such as, Article 39 (e), Article 39 (f), Article 41, Article 42, Article 45, & Article 47. There are many Acts enacted in India for the protection children rights: The Factories Act, 1948. The Probation of Offenders Act, 1959. The Child Labour Act, 1986. The Child Marriage Restraint Act, 1986. The Juvenile Justice Act, 2000. The Pre- Conception & Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2002 and many others. National Policy for Children (NCP), National Institute of public Co-operation & Child Development (NIPCCD), The Integrated Child Development Services are polices made by Government. Even NHRC & UNICEF are also organization, takes special efforts to protect children rights. Conclusion : The increased crime rate against the children, even after enacting so many laws & implementing them, has raised an alarming concern all over the world as children are being misused for fulfilling some people’s illegal purposes. So along with various laws, it is also our social responsibility to take care of the children & to protect their rights.

Child Custody Laws India

Child custody is the word which we hear in family courts, when the spouses are taking the divorce and fighting for the physical custody of their child. The child custody is the custody of the children who is below the age of 18 years. The matter of child custody comes in front of the court when there is the divorce or annulment of the marriage. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights. Child custody in India Since in India there are many religions therefore we have many personal laws. Thus in the matter of child custody we follow the personal laws of their respective religions. HINDU LAWS: The Hindu Minority and Guardianship Act 1956 (HMGA) and Guardians and Wards Act 1890 (GWA). These Acts are to be read together and implemented in the matter of child custody and appointment of guardian for the minor. The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of 5 years should ordinarily be with the mother. MUSLIM LAWS: In Muslim Laws the custody of a child is given to the mother this right is called as right of hizanat. But it is not an absolute right; it is made in the interest of the child. The custody can be given to the father if the mother is disqualified by the provisions of the law. CHRISTIANS LAWS: There is no separate Act for the custody of the child in Christians. Therefore they follow the Indian Divorce Act, 1869, applicable to all the religions. PARSI LAWS: The custody of the children is provided in Parsi Marriage and Divorce Act, 1936 under section 49. Conclusion: Whatever the religion is, whatever the personal law is, but the custody of the child is given by the court after considering the best interest of the child, as the decision is the most emotional and crucial decision.