Child labour remains a pervasive issue in India despite stringent legal frameworks aimed at its eradication. This article delves into the various statutes governing child labour in India, including the Constitution of India, the Child Labour (Prohibition and Regulation) Act, 1986, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Right to Education Act, 2009. The analysis further explores landmark judicial pronouncements by the Supreme Court of India, underscoring the judiciary's role in combating child labour. The article concludes by emphasizing the need for a more robust implementation of laws and the role of socio-economic factors in perpetuating child labour.

Introduction
Child labour in India is a multifaceted problem that involves complex socio-economic, cultural, and legal dimensions. Despite being prohibited by law, millions of children in India are engaged in work that is detrimental to their physical and mental development. The prevalence of child labour is a direct violation of fundamental rights enshrined in the Constitution of India, yet it persists due to poverty, lack of education, and inadequate enforcement of laws.

Legal Framework
Constitutional Provisions
The Constitution of India provides a comprehensive framework to protect children from exploitation. Article 24 explicitly prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment. Article 39(e) mandates that the state must ensure that children are not abused and that their childhood and youth are protected against exploitation. Furthermore, Article 21A, introduced by the 86th Constitutional Amendment, guarantees the right to free and compulsory education for children between the ages of 6 and 14.

The Child Labour (Prohibition and Regulation) Act, 1986
The primary statute governing child labour in India is the Child Labour (Prohibition and Regulation) Act, 1986 (CLPRA). The Act prohibits the employment of children below 14 years in certain hazardous occupations and processes. The amendment in 2016 further prohibits the employment of children in all occupations, except for assisting in family enterprises or in the entertainment industry, provided it does not interfere with their education. The Act also introduced the concept of 'adolescent labour,' regulating the working conditions of children aged 14-18 years in non-hazardous occupations.

The Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, is another significant legislation that deals with children in need of care and protection, including those rescued from child labour. The Act provides for the establishment of Child Welfare Committees (CWCs) to deal with cases of children found working illegally and to ensure their rehabilitation.

The Right to Education Act, 2009
The Right to Education (RTE) Act, 2009, complements the constitutional mandate of free and compulsory education. It imposes an obligation on the state to provide education to every child in the age group of 6-14 years. By mandating school education, the RTE Act indirectly addresses the issue of child labour, as it seeks to ensure that children are in schools rather than working.

Judicial Interventions
The Supreme Court of India has played a pivotal role in shaping the legal discourse on child labour. In M.C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 756, the Court directed the government to identify, withdraw, and rehabilitate children working in hazardous occupations. It also laid down guidelines for compensating the affected children. In Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1, the Court reinforced the need for strict enforcement of laws prohibiting child labour and emphasized the rehabilitation of rescued children.

In Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161, the Supreme Court recognized the exploitation of children as bonded labour and directed the state to take immediate steps for their release and rehabilitation. This case highlighted the link between child labour and bonded labour, urging the state to fulfill its constitutional obligations towards children.

Challenges in Implementation
Despite the existence of comprehensive laws and judicial pronouncements, the implementation of child labour laws in India remains a significant challenge. Corruption, lack of political will, and inadequate resources hinder the effective enforcement of child labour regulations. Moreover, socio-economic factors such as poverty, illiteracy, and cultural practices continue to perpetuate child labour. The legislation, though well-intended, often fails to reach the grassroots level, leaving millions of children vulnerable to exploitation.

Conclusion
Child labour is not merely a legal issue but a socio-economic problem that requires a multi-pronged approach. While India has a robust legal framework to combat child labour, the key lies in its effective implementation. Judicial activism has been instrumental in advancing the cause of child rights, but sustained efforts from all stakeholders, including the government, civil society, and the judiciary, are essential to eradicate child labour. Ensuring education for all, raising awareness, and addressing the root causes of poverty are crucial steps towards eliminating child labour in India.

References

1. Constitution of India
   • Article 21A
   • Article 24
   • Article 39(e)
2. Child Labour (Prohibition and Regulation) Act, 1986
3. Juvenile Justice (Care and Protection of Children) Act, 2015
4. Right to Education Act, 2009
5. M.C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 756
6. Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1
7. Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161