PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISM AND CHALLENGES
AUTHOR – SARTHAK SHUKLA* & DR. ROHIT KUMAR SHUKLA**
* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
BEST CITATION – SARTHAK SHUKLA & DR. ROHIT KUMAR SHUKLA, PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISM AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 124-139, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The persistence of child labour in India represents a profound contradiction between the nation’s transformative constitutional ethos and its socio-economic realities. Despite the presence of a robust constitutional framework anchored by fundamental rights guaranteeing free and compulsory education (Article 21A) and protection against hazardous employment (Article 24) millions of children remain entangled in exploitative labour practices across the organized and unorganized sectors. This exhaustive research report provides a critical, expert-level analysis of the legal mechanisms, judicial pronouncements, and institutional frameworks designed to protect the rights of working children in India, juxtaposed against the systemic socio-economic challenges that impede their effective implementation.
A central analytical focus of this study is the critical exegesis of the Child Labour (Prohibition and Regulation) Amendment Act, 2016. While the amendment seemingly aligns the minimum age of employment with the Right of Children to Free and Compulsory Education (RTE) Act, 2009, its introduction of broad exemptions for “family enterprises” and the drastic reduction in the schedule of hazardous occupations have inadvertently created statutory loopholes that legitimize the exploitation of children in rural and marginalized communities. The research further evaluates the judiciary’s proactive role as the guardian of constitutional morality, analyzing landmark pronouncements such as M.C. Mehta v. State of Tamil Nadu and Bachpan Bachao Andolan v. Union of India. These cases have historically functioned as the vanguard for child rights by mandating rehabilitation funds, comprehensive rescue protocols, and linking child labour directly to human trafficking and bonded labour.
Furthermore, the study rigorously assesses the efficacy of contemporary administrative enforcement mechanisms, notably the Platform for Effective Enforcement for No Child Labour (PENCiL) portal and the integration of the National Child Labour Project (NCLP) into the Samagra Shiksha Abhiyan. By examining empirical census data, government audit reports, and successful grassroots intervention models like Kerala’s poverty eradication initiatives and the Bal Mitra Gram (BMG) framework, the report uncovers significant enforcement deficits and a severe lack of institutional convergence. The study concludes with targeted legal, administrative, and policy recommendations, advocating for the alignment of domestic legislation with international conventions, the closure of statutory loopholes, and the realization of constitutional morality to ensure the holistic protection, rescue, and rehabilitation of vulnerable children.
Keywords : Child Labour, Constitutional Morality, CLPRA 2016, PENCiL Portal, Samagra Shiksha Abhiyan