Article 24

Background and evolution

Child labour was widespread in colonial India in factories, mines, plantations and households. Early factory laws, such as the Factories Act of 1881, set minimum ages and limited hours, but enforcement was weak. The framers included Article 24 in the Right against Exploitation, alongside Article 23 on trafficking and forced labour, to protect children's health, education and dignity.

Article 24 is supported by Directive Principles: Article 39(e) and (f) direct the State to ensure that children are not abused and are given opportunities to develop in a healthy manner, and Article 45, now read with Article 21A, deals with education. The Child Labour (Prohibition and Regulation) Act of 1986 prohibited children from working in listed hazardous occupations and regulated their work elsewhere. In 2016, it was renamed and amended to cover adolescents aged 14 to 18 in hazardous work.

Key features and provisions

• Text: 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.
• Horizontal application: like Articles 17 and 23, it applies to private persons as well.
• 2016 Act — children: complete ban on employing children below 14 in any occupation, except helping family in family enterprises after school hours and working as artists in audio-visual entertainment, under conditions.
• 2016 Act — adolescents: prohibition of employing adolescents (14–18) in hazardous occupations and processes listed in the Schedule.
• Penalties: imprisonment of six months to two years and/or a fine of ₹20,000 to ₹50,000 for employers, with higher penalties for repeat offences.
• Rehabilitation Fund: fines go into a Child and Adolescent Labour Rehabilitation Fund in each district, with a government contribution of ₹15,000 per rescued child.
• Cognisable offence: offences under the amended Act are cognisable.