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Article 2314 of Indian Constitution prohibits the trafficking in human beings and forced labour. And Article 2415 prohibits the employment of children in factories. It says that No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Child Labour in Indian Society
“The child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into their maturity, into a fullness of physical and vital energy and the utmost breadth, depth and height of its emotional, intellectual and spiritual being; otherwise there cannot be a healthy growth of the nation.”--- P N Bhagawati, Former CJI.
Almost one-third of the world population consists of children. Therefore they need to be cared and protected, to keep up and improve posterity. Children are important component in social structure and potential future carries to the culture. Now the question arises, who is a child? Or who can be considered as a child? Finding a single definition to describe a "child" is becoming an uphill task. The plain dictionary meaning of the word „child‟ is that, a young person especially between infancy and youth.
Biologically, a child is anyone between the stages of infancy and adulthood, or child is a human being between the stages of birth and puberty. The legal definition of "child" refers to a minor, or somebody who is yet to become an adult. It is used as an opposite to „adult‟. It is not concerned with the age. The only qualification is that the child should be unable to maintain himself. Hence a child though not a minor is still a child as long as it is unable to maintain himself.
In contrast to the preceding decades India seems to have done enough for the protection of children from all untoward circumstances. In keeping with international development in the area of child welfare, India as a democratic state has launched scores of program and policies devised on statutory footing. The Ministry of Women and Child has been instrumental in this direction and it has particularly catered to children in crisis situation such as street children, children who has been abused, abandoned, children in conflict with law etc.
The United Nations Convention on the Rights of the Child defines a child as "every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier."3 "Child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.
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