Article 24 of Indian Constitution: Prohibition of employment of children in factories, etc.

Article 24 of the Indian Constitution enshrines a fundamental safeguard for children by prohibiting their employment in hazardous industries and occupations . The provision embedded in the broader context of the commitment of the nation to child welfare is important for protecting children from exploitation and ensuring their physical, mental and moral well-being. It aims to provide a secure environment for children and emphasise their right to education, health and growth. Explore in-depth analysis of other Constitutional Articles.

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Article 24 of Indian Constitution

Prohibition of employment of children in factories, etc.

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.

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Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

It prohibits employment of children below 14 years of age in any factory, mine or any other hazardous employment. Article 24 must be read with Article 39(e) and Article 39(f) of DPSP which provides for the protection of health and strength of children and that the tender age of children should not be abused.

Article 39(e) of the Indian Constitution

It states that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

Article 39(f) of the Indian Constitution

It states that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Statutory Provisions Related to Child Employment

In order to achieve the objective of Article 24 of the Indian Constitution various statutory provisions have been enacted to regulate child labour and to safeguard the rights of the children-

1.The Child Labour (Prohibition and Regulation) Act, 1986

The Act prohibits the employment of children under the age of 14 in any occupation and restricts the employment of adolescents i.e., between 14-18 years in hazardous occupations.

2.The Mines Act, 1952

Section 40 of the Act prohibits the employment of individuals below the age of 18 years in mines. Section 45 of the Act extends this protection by forbidding underage employment in any part of the mine where mining-related operations are carried out.

3.The Factories Act, 1948

This Act forbids the employment of children under 14 years in factories. Initially, the minimum age was set at 14 but it was later on increased to 17 years.

4.The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

According to the Act, employment of children under 14 years of age in beedi and cigar manufacturing units is prohibited to protect them from the hazardous environment.

The judiciary has played an important role in interpreting and enforcing Art 24, which prohibits the employment of children below 14 years in hazardous activities.

Peoples Union for Democratic Rights vs Union of India, 1982

In this case, the Supreme Court dealt with the employment of children in the construction industry, which was identified as a hazardous occupation. The Court held that building construction work constitutes hazardous employment, and children below the age of 14 should not be employed in such work. The horizontal nature of Article 23 and 24 of Indian Constitution was also pointed out by the Court. The Prohibition of Article 24 could be enforced against everyone, whether it is a State or a private individual.

M. C. Mehta v. Tamil Nadu Government, 1996

In this case, a Public Interest Litigation was filed by M.C. Mehta under Article 32 of the Indian Constitution challenged the employment of children in hazardous conditions specifically in the Sivakasi firecracker factories.

The Supreme Court highlighted the obligation of the state under Art 24 to ensure that children are not employed in hazardous activities. The Court also noted the State's duty under Article 41 to provide free and compulsory education. The Court in its decision the Court ordered the government-

• Establishment of Child Labour Rehabilitation Welfare Fund.
• Pay compensation of Rs. 20,000 to each child labourer employed unlawfully.
• Formulate guidelines to prevent the rights of children from being violated in both public and private sectors.

Bachpan Bachao Andolan vs Union of India, 2011

The Supreme Court in this case dealt with child labour in industries such as carpet weaving, which frequently employed children in dangerous and exploitative conditions.

The Court highlighted the importance of implementation of Article 24 and directed the government to take comprehensive measures for the rescue, rehabilitation and education of children engaged in labour.

Article 24 of Indian Constitution: Significance 

Art 24 prohibits the employment of children below 14 in factories, mines, or hazardous jobs. It is part of the Fundamental Rights and reflects India's duty to protect children’s health, safety, and dignity. It supports Articles 39(e) and 39(f) under the Directive Principles. This Article ensures that children are free from exploitation and instead receive education and care. Laws like the Child Labour Act, 1986 and the Right to Education Act, 2009 directly support Article 24 by banning child labor and promoting school attendance.

Article 24 of Indian Constitution: Developments and Amendments

Developments

Courts and policies have strengthened Article 24. In M.C. Mehta v. State of Tamil Nadu, the Supreme Court banned child labor in hazardous jobs and ordered rehabilitation. Programs like the National Child Labour Project (NCLP) provide education and training to rescued children. India also ratified the ILO Convention No. 182, boosting global compliance. Laws and government schemes now work together to protect children from labor and help them attend school, reducing exploitation.

Amendments

Though Art 24 has not changed, supporting laws have evolved. The 86th Constitutional Amendment (2002) added Article 21A, making education a right for children aged 6–14, thus supporting Article 24. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 completely bans work for children under 14 and restricts adolescents from dangerous jobs. It also introduced stricter penalties. These reforms help enforce Article 24 better and reflect India’s growing focus on ending child labor.

Conclusion

Article 24 of the Indian Constitution serves as an important safeguard in protection of children from exploitation in hazardous industries. It prohibits the employment of children below the age of 14 in hazardous environments. The Constitution underlines the importance of child welfare aligning with the broader goals of securing their right to education, health and dignity.