INTRODUCTION

Initial periods of imperialism were based on exploitation of the worker class. With the
emergence of ILO at an international level and with the inhumane treatment meted out to
workmen being replaced with an outlook of dignity of labour, the whole scenario of labour
legislations began in pre independence India. After independence legislations related to
worker welfare like Provident Fund Act, Employee State Insurance Act, Payment of Bonus
Act and Payment of Gratuity Act were enacted with the intention of providing security and
retirement benefits to workmen.
Labour law also known as employment law is the body of laws, administrative rulings, and
precedents which address the legal rights of, and restrictions on, working people and their
organizations. As such, it mediates many aspects of the relationship between trade unions,
employers and employees. In other words, Labour law defines the rights and obligations as
workers, union members and employers in the workplace. Generally, labour law covers:
 Industrial relations – certification of unions, labour-management relations, collective
 bargaining and unfair labour practices;
 Workplace health and safety;
 Employment standards, including general holidays, annual leave, working hours,
unfair
 dismissals, minimum wage, layoff procedures and severance pay.
There are two broad categories of labour law. First, collective labour law relates to the
tripartite relationship between employee, employer and union. Second, individual labour law
concerns employees' rights at work and through the contract for work. The labour movement
has been instrumental in the enacting of laws protecting labour rights in the19th and 20th
centuries. Labour rights have been integral to the social and economic development since the
industrial revolution.
The labour enactments in India, is divided into 5 broad categories, viz. Working Conditions,
Industrial Relations, Wage, Welfare and Social Securities. The enactments are all based upon
Constitution of India and the resolutions taken in ILO conventions from time to time. Indian
labour law refers to laws regulating employment. There over fifty national laws and many
more state-level laws. Traditionally Indian Governments at federal and state level have
sought to ensure a high degree of protection for workers through endorsement of labour laws.
While conforming to the essentials of the laws of contracts, a contract of employment must
adhere also to the provisions of applicable labour laws and the rules contained under the
Standing Orders of the establishment.
 HISTORY OF LABOUR LEGISLATION

Labour law arose due to the demands of workers for better conditions, the right to organize,
and the simultaneous demands of employers to restrict the powers of workers in many
organizations and to keep labour costs low. Employers' costs can increase due to workers
organizing to win higher wages, or by laws imposing costly requirements, such as health and
safety or equal opportunities conditions. Workers' organizations, such as trade unions, can
also transcend purely industrial disputes, and gain political power - which some employers
may oppose. The state of labour law at any one time is therefore both the product of, and a
component of, struggles between different interests in society.
International Labour Organisation (ILO) was one of the first organisations to deal with labour
issues. The ILO was established as an agency of the League of Nations following the Treaty
of Versailles, which ended World War I. Post-war reconstruction and the protection of labour
unions occupied the attention of many nations during and immediately after World War I. In
Great Britain, the Whitley Commission, a subcommittee of the Reconstruction Commission,
recommended in its July 1918 Final Report that "industrial councils" be established
throughout the world. The British Labour Party had issued its own reconstruction programme
in the document titled Labour and the New Social Order. In February 1918, the third Inter-
Allied Labour and Socialist Conference (representing delegates from Great Britain, France,
Belgium and Italy) issued its report, advocating an international labour rights body, an end to
secret diplomacy, and other goals. And in December 1918, the American Federation of Labor
(AFL) issued its own distinctively apolitical report, which called for the achievement of
numerous incremental improvements via the collective bargaining process.
As the war drew to a close, two competing visions for the post-war world emerged. The first
was offered by the International Federation of Trade Unions (IFTU), which called for a
meeting in Berne in July 1919. The Berne meeting would consider both the future of the
IFTU and the various proposals which had been made in the previous few years. The IFTU
also proposed including delegates from the Central Powers as equals. Samuel Gompers,
president of the AFL, boycotted the meeting, wanting the Central Powers delegates in a
subservient role as an admission of guilt for their countries' role in the bringing about war.
Instead, Gompers favored a meeting in Paris which would only consider President Woodrow
Wilson's Fourteen Points as a platform. Despite the American boycott, the Berne meeting
went ahead as scheduled. In its final report, the Berne Conference demanded an end to wage
labour and the establishment of socialism. If these ends could not be immediately achieved,
then an international body attached to the League of Nations should enact and enforce
legislation to protect workers and trade unions.
The British proposed establishing an international parliament to enact labour laws which each
member of the League would be required to implement. Each nation would have two
delegates to the parliament, one each from labour and management. An international labour
office would collect statistics on labour issues and enforce the new international laws.
Philosophically opposed to the concept of an international parliament and convinced that
international standards would lower the few protections achieved in the United States,
Gompers proposed that the international labour body be authorized only to make
recommendations, and that enforcement be left up to the League of Nations. Despite vigorous
opposition from the British, the American proposal was adopted. ban goods made by children
under the age of 14. A proposal to require an eight-hour work day was amended to require the
eight-hour work day or the 40-hour work week (an exception was made for countries where
productivity was low). Four other American proposals were rejected. Meanwhile,
international delegates proposed three additional clauses, which were adopted: One or more
days for weekly rest; equality of laws for foreign workers; and regular and frequent
inspection of factory conditions.
The Commission issued its final report on 4 March 1919, and the Peace Conference adopted
it without amendment on 11 April. The report became Part XIII of the Treaty of Versailles.
(The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the
state of war between Germany and the Allied Powers. It was signed on 28 June 1919.)
The first annual conference (referred to as the International Labour Conference, or ILC)
began on 29th October 1919 in Washington DC and adopted the first six International Labour
Conventions, which dealt with hours of work in industry, unemployment, maternity
protection, night work for women, minimum age and night work for young persons in
industry. The prominent French socialist Albert Thomas became its first Director General.
The ILO became a member of the United Nations system after the demise of the League in
1946.
 EVOLUTION OF LABOUR LAW IN INDIA

The law relating to labour and employment is also known as Industrial law in India. The
history of labour legislation in India is interwoven with the history of British colonialism.
The industrial/labour legislations enacted by the British were primarily intended to protect the
interests of the British employers. Considerations of British political economy were naturally
paramount in shaping some of these early laws. Thus came the Factories Act. It is well known
that Indian textile goods offered stiff competition to British textiles in the export market and
hence in order to make India labour costlier the Factories Act was first introduced in 1883
because of the pressure brought on the British parliament by the textile magnates of
Manchester and Lancashire. Thus India received the first stipulation of eight hours of work,
the abolition of child labour, and the restriction of women in night employment, and the
introduction of overtime wages for work beyond eight hours. While the impact of this
measure was clearly welfares the real motivation was undoubtedly protectionist.
The earliest Indian statute to regulate the relationship between employer and his workmen
was the Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for
restraining the rights of strike and lock out but no machinery was provided to take care of
disputes.
The original colonial legislation underwent substantial modifications in the post-colonial era
because independent India called for a clear partnership between labour and capital. The
content of this partnership was unanimously approved in a tripartite conference in December
1947 in which it was agreed that labour would be given a fair wage and fair working
conditions and in return capital would receive the fullest co-operation of labour for
uninterrupted production and higher productivity as part of the strategy for national economic
development and that all concerned would observe a truce period of three years free from
strikes and lockouts. Ultimately the Industrial Disputes Act (the Act) brought into force on
01.04.1947 repealing the Trade Disputes Act 1929 has since remained on statute book.
 CONSTITUTIONAL PROVISIONS WITH REGARD TO LABOUR LAWS AND JUDICIAL
PRONOUNCEMENTS

The relevance of the dignity of human labour and the need for protecting and safeguarding
the interest of labour as human beings has been enshrined in Chapter-III (Articles 16, 19, 23
& 24) and Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping
in line with Fundamental Rights and Directive Principles of State Policy. Labour is a
concurrent subject in the Constitution of India implying that both the Union and the state
governments are competent to legislate on labour matters and administer the same. The bulk
of important legislative acts have been enacted by the Parliament.
Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line
with Fundamental Rights and Directive Principles of State Policy. Labour is a concurrent
subject in the Constitution of India implying that both the Union and the state governments
are competent to legislate on labour matters and administer the same. The bulk of important
legislative acts have been enacted by the Parliament.
The legislations can be categorized as follows:
1) Labour laws enacted by the Central Government, where the Central Government has
the
1. sole responsibility for enforcement.
2) Labour laws enacted by Central Government and enforced both by Central and State
2. Governments.
3) Labour laws enacted by Central Government and enforced by the State Governments.
4) Labour laws enacted and enforced by the various State Governments which apply to
respective States.
The Constitution of India provides detailed provisions for the rights of the citizens and also
lays down the Directive Principles of State Policy which set an aim to which the activities of
the state are to be guided. These Directive Principles provide:
a. for securing the health and strength of employees, men and women;
b. that the tender age of children are not abused;
c. that citizens are not forced by economic necessity to enter avocations unsuited to their
age or strength;
d. just and humane conditions of work and maternity relief are provided; and that the
Government shall take steps, by suitable legislation or in any other way, to secure the
participation of employee in the management of undertakings, establishments or other
organisations engaged in any industry.
n Randhir Singh v. Union of India[1], the Supreme Court has held that although the
principle of 'equal pay for equal work' is not expressly declared by our Constitution to be
a fundamental right, but it is certainly a constitutional goal under Articles 14, 16 and 39
(c) of the Constitution. This right can, therefore, be enforced in cases of unequal scales of
pay based on irrational classification. The decision in Randhir Singh's case has been
followed in a number of cases by the Supreme Court.
 In Dhirendra Chamoli v. State of U.P.[2] it has been held that the principle of equal pay
for equal work is also applicable to casual workers employed on daily wage basis.
Accordingly, it was held that persons employed in Nehru Yuwak Kendra in the country as
casual workers on daily wage basis were doing the same work as done by Class IV
employees appointed on regular basis and, therefore, entitled to the same salary and
conditions of service. It makes no difference whether they are appointed in sanctioned
posts or not. It is not open to the Government to deny such benefit to them on the ground
that they accepted the employment with full knowledge that they would be paid daily
wages. Such denial would amount to violation of Article 14. A welfare State committed to
a socialist pattern of society cannot be permitted to take such an argument.
In Daily Rated Casual Labour v. Union of India; [3] it has been held that the daily rated
casual labourers in P & T Department who were doing similar work as done by the
regular workers of the department were entitled to minimum pay in the pay scale of the
regular workers plus D.A. but without increments. Classification of employees into
regular employees and casual employees for the purpose of payment of less than
minimum pay is violative of Articles 14 and 16 of the Constitution. It is also opposed to
the spirit of Article 7 of the International Covenant of Economic, Social and Cultural
Rights 1966. Although the directive principle contained in Articles 38 and 39 (d) is not
enforceable by virtue of Article 37, but they may be relied upon by the petitioners to show
that in the instant case they have been subjected to hostile discrimination: Denial of
minimum pay amounts to exploitation of labour. The government can not take advantage
of its dominant position. The government should be a model employer.
In F.A.I.C. and C.E.S. v. Union of India[4]- the Supreme Court has held that different
pay scales can be fixed for government servants holding same post and performing
similar work on the basis of difference in degree of responsibility, reliability and
confidentiality, and as such it will not be violative of the principle of equal pay for equal
work, implicit in Article 14. The Court said, "Equal pay must depend upon the nature of
the work done. It cannot be judged by the mere volume of work. There may be qualitative
difference as regards reliability and responsibility. Functions may be the same but the
responsibilities make a difference. Equal pay for equal work is a concomitant of Article
14 of the Constitution. But it follows naturally that equal pay for unequal work will be a
negation of the right". Accordingly, the court held that different pay scales fixed for
Stenographers Grade I working in Central Secretariat and those attached to the heads of
subordinate offices on the basis of recommendation of the Third Pay Commission was not
violative of Article 14. Although the duties of the petitioners and respondents are
identical, their functions are not identical. The Stenographers Grade I formed a
distinguishable class as their duties and responsibilities are of much higher nature than
that of the stenographers attached to the subordinate offices.
In Gopika Ranjan Chawdhary v. Union of India 1 the Armed Forces controlled by NEFA
were re-organized as a result of which a separate unit known as Central Record and Pay
Accounts Office was created at the headquarters. The Third Pay Commission had
recommended two different scales of pay for the ministerial staff, one attached to the

1 AIR 1997 SC 301

 headquarters and the other to the Battalions/units. The pay scales of the staff at the
headquarters were higher than those of the staff attached to the Battalions/units. It was
held that this was discriminatory and violative of Article 14 as there was no difference in
the nature of the work, the duties and responsibilities of the staff working in the
Battalions/units and those working at the headquarters. There was also no difference in
the qualifications required for appointment in the two establishments. The services of the
staff from Battalions/units are transferable to the Headquarters.
In Mewa Ram v. A.I.I. Medical Science,2 the Supreme Court has held that the doctrine of
'equal pay for equal work' is not an abstract doctrine . Equality must be among equals,
unequal’s cannot claim equality. Even if the duties and functions are of similar nature but
if the educational qualifications prescribed for the two posts are different and there is
difference in measure of responsibilities, the principle of equal pay for equal work would
not apply. Different treatment to persons belonging to the same class is permissible
classification on the basis of educational qualifications.
In State of Orissa v. Balaram Sahu 3 the respondents, who were daily wagers or casual
workers in Rengali Power Project of State of Orissa in appeal claimed that they were
entitled to equal pay on the same basis as paid to regular employees as they were
discharging the same duties and functions. The Supreme Court held that they were not
entitled for equal pay with regularly employed permanent staff because their, duties and
responsibilities were not similar to permanent employees. The duties and responsibilities
of the regular and permanent employees were more onerous than that of the duties of.
N.M.R. workers whose employment depends on the availability of the work. The Court
held that although equal pay for equal work is a fundamental right under Article 14 of the
Constitution but does not depend only on the nature or the volume of work but also on the
qualitative difference as regards reliability and responsibility. Though the functions may
be the same but the responsibilities do make a real and substantial difference. They have
failed to prove the basis of their claim and in such situation to claim parity with pay
amounts to negation of right of equality in Article 14 of the Constitution. However, the
Court said that State has to ensure that minimum wages are prescribed and the same is
paid to them.

2 (1986) 1 SCC 62
3 (1988) 1SCC 122.
 LABOUR LAWS IN INDIA

The term ‘labour’ means productive work especially physical work done for wages. Labour
law also known as employment law is the body of laws, administrative rulings, and
precedents which address the legal rights of, and restrictions on, working people and their
organizations. There are two broad categories of labour law. First, collective labour law
relates to the tripartite relationship between employee, employer and union. Second,
individual labour law concerns employees' rights at work and through the contract for work.
The law relating to labour and employment in India is primarily known under the broad
category of "Industrial Law". The prevailing social and economic conditions have been
largely influential in shaping the Indian labour legislation, which regulate various aspects of
work such as the number of hours of work, wages, social security and facilities provided.
The labour laws of independent India derive their origin, inspiration and strength partly from
the views expressed by important nationalist leaders during the days of national freedom
struggle, partly from the debates of the Constituent Assembly and partly from the provisions
of the Constitution and the International Conventions and Recommendations. The relevance
of the dignity of human labour and the need for protecting and safeguarding the interest of
labour as human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and
Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line
with Fundamental Rights and Directive Principles of State Policy. The Labour Laws were
also influenced by important human rights and the conventions and standards that have
emerged from the United Nations. These include right to work of one’s choice, right against
discrimination, prohibition of child labour, just and humane conditions of work, social
security, protection of wages, redress of grievances, right to organize and form trade unions,
collective bargaining and participation in management. The labour laws have also been
significantly influenced by the deliberations of the various Sessions of the Indian Labour
Conference and the International Labour Conference. Labour legislations have also been
shaped and influenced by the recommendations of the various National Committees and
Commissions such as First National Commission on Labour (1969) under the Chairmanship
of Justice Gajendragadkar, National Commission on Rural Labour (1991), Second National
Commission on Labour (2002) under the Chairmanship of Shri Ravindra Varma etc. and
judicial pronouncements on labour related matters specifically pertaining to minimum wages,
bonded labour, child labour, contract labour etc.
Under the Constitution of India, Labour is a subject in the concurrent list where both the
Central and State Governments are competent to enact legislations. As a result , a large
number of labour laws have been enacted catering to different aspects of labour namely,
occupational health, safety, employment, training of apprentices, fixation, review and
revision of minimum wages, mode of payment of wages, payment of compensation to
workmen who suffer injuries as a result of accidents or causing death or disablement, bonded
labour, contract labour, women labour and child labour, resolution and adjudication of
industrial disputes, provision of social security such as provident fund, employees’ state
insurance, gratuity, provision for payment of bonus, regulating the working conditions of
certain specific categories of workmen such as plantation labour, beedi workers etc.
Labour laws enacted by the Central Government, where the Central Government has the sole
responsibility for enforcement
o The Employees’ State Insurance Act, 1948
o The Employees’ Provident Fund and Miscellaneous Provisions Act,1952
o The Dock Workers (Safety, Health and Welfare) Act, 1986
o The Mines Act, 1952
o The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
Welfare (Cess) Act, 1976
o The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor
Welfare Fund Act, 1976
o The Mica Mines Labour Welfare Fund Act, 1946
o The Beedi Workers Welfare Cess Act, 1976
o The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
o The Cine Workers Welfare (Cess) Act, 1981
o The Beedi Workers Welfare Fund Act, 1976
o The Cine Workers Welfare Fund Act, 1981

Labour laws enacted by Central Government and enforced both by Central and State
Governments:
 The Child Labour (Prohibition and Regulation) Act, 1986.
 The Building and Other Constructions Workers’ (Regulation of Employment and
Conditions of Service) Act, 1996.
 The Contract Labour (Regulation and Abolition) Act, 1970.
 The Equal Remuneration Act, 1976.
 The Industrial Disputes Act, 1947.
 The Industrial Employment (Standing Orders) Act, 1946.
 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979.
 The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by
Certain Establishments) Act, 1988
 The Maternity Benefit Act, 1961
 The Minimum Wages Act, 1948
 The Payment of Bonus Act, 1965
 The Payment of Gratuity Act, 1972
 The Payment of Wages Act, 1936
 The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act,
1981
 The Building and Other Construction Workers Cess Act, 1996
 The Apprentices Act, 1961
 Unorganized Workers Social Security Act, 2008
 Working Journalists (Fixation of Rates of Wages Act, 1958
 Merchant Shipping Act, 1958
 Sales Promotion Employees Act, 1976
 Dangerous Machines (Regulation) Act, 1983
 Dock Workers (Regulation of Employment) Act, 1948
 Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
  Private Security Agencies (Regulation) Act, 2005
Labour laws enacted by Central Government and enforced by the State Governments:
 The Employers’ Liability Act, 1938
 The Factories Act, 1948
 The Motor Transport Workers Act, 1961
 The Personal Injuries (Compensation Insurance) Act, 1963
 The Personal Injuries (Emergency Provisions) Act, 1962
 The Plantation Labour Act, 1951
 The Sales Promotion Employees (Conditions of Service) Act, 1976
 The Trade Unions Act, 1926
 The Weekly Holidays Act, 1942
 The Working Journalists and Other Newspapers Employees (Conditions of Service)
and Miscellaneous Provisions Act, 1955
 The Workmen’s Compensation Act, 1923
 The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
 The Children (Pledging of Labour) Act 1938
 The Bonded Labour System (Abolition) Act, 1976
 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
 CHILD LABOUR

Child labour is an integral part of labour force, especially in poor countries. These children
are the most deprived section of population forced to enter labour market at tender age to earn
a pittance or to contribute to family work, sacrificing personal development. Poverty coupled
with rapidly growing population, ignorance and increasing dependency load are behind the
grim incidence of children employment in the villages and towns of developing countries.
The exploitative structure, lopsided development, iniquitous resource ownership with its
correlation of large scale unemployment and abject poverty have contributed towards
increasing child labour among the countries.
Child labour hampers the normal physical, intellectual, emotional and moral development of
a child. Children who are in the growing process can permanently distort or disable their
bodies when they carry heavy loads or are forced to adopt unnatural positions at work for
long hours. Children are more vulnerable because they are less resistant to diseases and suffer
more readily from chemical hazards and radiation than adults.
In India, child labour is not a new phenomenon. It has been in existence since time
immemorial in one form or the other and has been changing from time to time. With the
advent of industrialisation and urbanization in the early 19th century, the factory and industry
began taking the place of handicrafts. Agriculture became more mechanized. This gave rise to
landless labourers. And consequently, there was an unbroken stream of the rural poor
migrating to urban centres in search of livelihood. Factory, on the other hand, required cheap
and plentiful labour. Children started being employed both on farms and in factories because
they provided a cheap and uncomplaining labour force as against adults who could be more
demanding and hence more difficult to handle (Gupta, 1979). Children are preferred as they
are not unionized, can be easily controlled, tortured, and exploited without any fear of
backlash. Moreover, children are better suited to jobs like brick making, carpet weaving, and
silk spinning etc. Their cheapness and remote possibility of collective bargaining on their part
makes them vulnerable and induced producers to employ and exploit the child labour.
The importance of education is neglected for the child and replaced with necessity of
providing food and shelter i.e. children work to supplement meagre family income or
otherwise to help the family business. In doing so, they are being denied of basic rights such
as the right to education, to freedom from abuse, and to proper health. Therefore, there is a
need to look the problem of child labour from a multi-dimensional aspect to understand and
address the same in a society where the parents are programmed to undermine the value of
education, poverty persists and century old traditions upheld.
 LEGISLATION FOR REDUCING CHILD LABOUR

Post independent period also witnessed enactment of a number of legislation, regulating the
various aspects of child labour. The Labour Department under the central and state
governments deal with the problem of child labour. As being a multifarious problem child
labour needs the co-ordinated efforts of other governmental departments like social welfare
and education for effectively curbing the issue. Labour welfare and vocational and technical
training of labour are placed in the concurrent list of the Constitution. Therefore, both the
centre and states may enact legislation on child welfare. Generally, the centre has
promulgated the enactment dealing with child labour. The state laws are in the area of non-
industrial occupations such as shops and commercial establishments.

The first step in restricting child labour in the post independent era was made in 1948 by
passing the Factories Act (GOI, 1948, p. 21). It prohibits the employment of children below
14 years in factory. The Act requires persons between the age of 14 to 18 years to obtain a
certificate of fitness from a certifying surgeon and periodical examination. 'The Act prohibits
employing children between 14 and 17 years at night (between 10 p.m.- 6 a.m.) between 14
and 15 years for not more than four-and-a-half hours in any day. only one shift and in one
factory. The Act prohibits employing children in certain processes within factories. They shall
not be allowed to work on machines, which are considered dangerous. They shall not clean,
lubricate or adjust any part of' prime mover or any transmission machinery, while it is in
motion or if they stand the risk of Injury. They shall not be employed to press cotton if a
cotton opener is at work in that area (Pandhe, 1979, p. 2). From the provisions of the Act 11 is
quite evident at powers have been vested with the inspectors in order to ascertain that child
workers are not permitted to work under conditions which might adversely affect the health
and safety of the child workers, and for that purpose they could compel the concerned
officials of the factory to obtain certificate of fitness for such child worker and to maintain
proper record in the prescribed registers. At the same time wide powers had been vested in
the state government for making rules in order to protect health of child workers as well as
for prescribing the procedure to be followed by the certifying surgeons while issuing
certificates of fitness to child workers. Unfortunately, the relevant provisions of the Factories
Act have not been implemented in the desired manner in order to ensure proper working
conditions to the child workers.

The minimum Wages Act, passed in 1948, specified that the expression "adult", "adolescent"
and "child will have meaning assigned to them. It defined "child" as a person who has not
completed his 15Ih year. However, this definition does not have any particular significance
since the Act did not contain any important regulatory or prohibitary provision applicable
only to child labour, except that it provides in fixing or revising minimum rates of wages,
different minimum rates of wages may be fixed for adults, adolescents, children and
apprentices (Kulshreshtha, 1978, p. 56).

The Plantation Labour Act, 195 1 which was later amended in 1953, 1960, 1981 and 1992
fixes the minimum age for employment as 12 and employment of a child above 12 years
requires a fitness certificate from the appointed surgeon every twelve months. This Act extent
to whole of India except the state of Jammu & Kashmir.. This Act makes the provision for
education, housing and medical and recreational facilities as responsibility of the employer
(GOI, 1951).
The Mines Act of' 1052 prohibits employment of persons below 15 years of age in any mine
or part thereof. An adolescent could be employed for underground work as adult on the
satisfaction of two conditions - first, he must have completed 16 years of age and secondly,
he must have a certificate of fitness from a surgeon.

In 1954, the Factories Act was again amended to prohibit the employment of adolescents
under the age of 17 years at night. "Night" under this Act is meant that a period of 12
consecutive hours which included the hours between 10 p.m. and 7 a.m. The Merchant
Shipping Act, 1958, prohibited children under 15 to be engaged or carried to sea to work in
any capacity in any ship except in certain specific cases.

The Motor 'Transpo1-1 Act, 1961 deals with the employment of children in the transport
sector. This Act prohibits the employment of children under 15 in motor transport
undertakings. In the same year the Apprentice Act was passed for regulating and controlling
trainees. This Act was amended in 1973. The Act prohibited the undergoing of apprenticeship
training of a person under 14. In 1966 the Beedi and Cargo Workers (Condition of
Employment) Act, was passed. It prohibited the employment of children under 14 in any
industrial premise manufacturing beedies or cigars. Young persons between 14 and 18 were
also prohibited to work at night between 7 p.m. and 6 a.m. in such establishments.

Shops and Commercial Establishments Act (State Acts) provides the minimum age for
employment as 12 years in all states. These Acts were passed with a view to regulating the
conditions of work of workers in shops and commercial establishments. These Acts prohibit
the employment of children in shops, commercial establishments, restaurants, hotels etc.
These Acts also regulate the daily and weekly hours of shops and establishments, payment of
wages, overtime pay, holidays with pay, annual leave etc. The Act prohibits night
employment of children in shops and commercial establishments and the hours of work for
children are also
fixed from 3 to 7 hours.
 CAUSES OF CHILD LABOUR

 The curse of poverty

The main reason for child labour is poverty. Most of the country’s population suffers from
poverty. Due to poverty, parents cannot afford the studies of their children and make them
earn their wages from a tender age. In fact, they are well aware of the grief of losing their
loved ones to poverty many times. They send their small children to work in factories, homes
and shops. They are made to work to increase the income of their poor families at the earliest.
These decisions are taken only for the purpose of eking out a living for their family. But such
decisions shatter children’s physical and mental state as they lose their childhood at an early
age.

 Lack of educational resources

Even after so many years of our country’s independence, there are instances where children
are deprived of their fundamental right to education. There are thousands of villages in our
country where there are no proper facilities of education. And if there is any, it is miles away.
Such administrative laxity is also responsible for child labour. The worst sufferers are the
poor families for whom getting their children educated is a dream.

Sometimes the lack of affordable school for the education of poor children leaves them
illiterate and helpless. Children are forced to live without studying. And sometimes such
compulsions push them into the trap of child labour.

 Social and economic backwardness

Social and economic backwardness is also the main reason for child labour. Socially
backward parents do not send their children to receive education. Consequently, their children
are trapped in child labour. Due to illiteracy, many times parents are not aware of various
information and schemes for child education. Lack of education, illiteracy and consequently
the lack of awareness of their rights among them have encouraged child labour. Also,
uneducated parents do not know about the impact of child labour on their children. The
conditions of poverty and unemployment give rural families a compulsive basis for engaging
children in various tasks. In fact, feudal, zamindari system and its existing remnants continue
to perpetuate the problem of child labour.
 Addiction, disease or disability
In many families, due to addiction, disease or disability, there is no earning, and the child’s
wages are the sole means of family’s sustenance. Population growth is also increasing
unemployment, which has adverse impact on child labour prevention. So, parents, instead of
sending their children to school, are willing to send them to work to increase family income.

 Poor compliance of laws

In modern society, laws stipulate that citizens have the right to receive good education, avail
good health services and take care of their health. Every citizen has the right to play the game
he enjoys, and enjoy all the means of entertainment, and when he grows, to obtain
employment where he can earn well and contribute to society and nation. But in the absence
of proper compliance of the laws, child labour is continuing. It can be prohibited only by
strict adherence to the related laws.

 Lure of cheap labour

In the greed of cheap labour, some shopkeepers, companies and factory owners employ
children so that they have to pay less to them and it amounts to employing cheap labour.
Shopkeepers and small businessmen make children work as much as they do to the elder
ones, but pay half the wages. In the case of child labour, there is less chance for theft, greed
or misappropriation of money too.

With the development of globalization, privatization, and consumerist culture, the need for
cheap labour and its linkage with economic needs of poor families have encouraged child
labour.

 Family tradition
It is a shocking but a bitter truth that in our society it is very easy to give child labour the
name of tradition or custom in many families. The culture and traditional family values play
their role in increasing the problem of child labour at the voluntary level. Many families
believe that a good life is not their destiny, and the age-old tradition of labour is the only
source of their earning and livelihood.

Small businessmen also waste the lives of their children in the greediness of perpetuating
their family trade with lower production costs. Some families also believe that working from
 childhood onwards will make their children more diligent and worldly-wise in terms of future
life. They believe that early employment will give rise to their children’s personal
development, which will make it easier for them to plan their life ahead.

 Discrimination between boys and girls

We have been conditioned into believing that girls are weaker and there is no equal
comparison between boys and girls. Even today, in our society, we will find many examples
where girls are deprived of studies. Considering girls weaker than boys deprives them of
school and education. In labourer families, girls are found to be engaged in labour along with
their parents.
 WHAT NEEDS TO BE DONE?

Given the magnitude and complexity of the problem and the relative ineffectiveness of the
government, many non-government organizations and collaborative efforts by the
government and non-government agencies are becoming more prevalent in recent years.
Though many organizations are focusing on eradicating child labour by mobilizing
community participation for universal primary education, there is a common attitude
prevailing in our country to accept child labour as an unavoidable consequence of poverty.
There is a need to formulate a holistic, multi-pronged and concerted effort to tackle this
problem. An integrated approach involving various strategies like poverty eradication
programmes, campaigns, budget advocacy, community action, engaging institutions of
governance for the ultimate attainment of the desired goal.

1. Poverty Eradication Programmes: Poverty has an obvious relationship with

child labour, and studies have "revealed a positive correlation - in some
instances a strong one - between child labour and such factors as poverty"
(Mehra-Kerpelman 1996, 8). With the growing gap between haves and have-
nots, poverty eradication programmes occupy a central position. The poor and
needy should get their share in the development process. There is need to
create and implement pro-poor, inclusive policies with strong political will.
Caste is also an important determinant on child labour. When analysing the
caste composition of child labourers Nangia (1987) observes that, "if these
figures are compared with the caste structure of the country, it would be
realised that a comparatively higher proportion of scheduled caste children
work at a younger age for their own and their families’ economic support" (p.
116). Scheduled caste (lower caste) children tend to be pushed into child
labour because of their family’s poverty. Nangia (1987) goes on to state that in
his study 63.74% of child labourers said that poverty was the reason they
worked.
2. Campaign for strict implementation of Legislations: NGOs and voluntary
organisations can do an intensive campaign to spread across the civil society
organisations through networking to draw the attention of the policy makers,
implementators and the community. The organisations working on any issues
should involve in the campaign by putting the problem of child labour on the
prime agenda. The campaign should focus on the effective implementation of
the various legislations. The strategies should be aimed at change at the local,
provincial, national and/or international levels. NGOs can play a pivotal role
in the process of universalisation of education by adopting innovative
approaches to quality education. Effective implementation of National Rural
Employment Guarantee Act (NREGA) would translate the Right to Work as
envisaged in the Article 41 of Indian Constitution to a statutory legal right.
The NREGA heralds a promising era in poverty alleviation. Poverty is not just
income deficiency; the need for enabling environment both physical and
 psychological needs to be addressed. The works are necessary for the rural
agriculture economy that has the potential to get this poor deprived
community out of poverty. Hence there is a need to get active during the
implementation of the various legislations.
3. Budget Advocacy: The organisations need to take up the issue of budget
analysis and advocacy for budget allocation for the implementation of the
policies. Most of the time the policies are formulated without proper budget
allocation which affect the process of implementation. Budget analysis is an
advocacy tool for developing public understanding on policy priorities of the
Government which will have a greater impact on those who have little
political influence (poor and marginalized). It is important to scrutinize the
Government Budgets from the perspective of child development. Mere
analysis of the Budgets alone cannot influence the policy making unless it is
supported by proper public action or advocacy to promote the findings in
public forums so as to influence the common mindset. This would eventually
empower the people to seek Governments’ accountability. It will give
widespread information about the performance of the Government and can
also become a ground for creating public pressure on the issues that affect the
children. There is a need to establish a strong lobby body or platform to work
with Government to increase allocation of budget for children. Coordinated
and collective effort from the NGOs and Civil Society Organizations
strengthen the budget allocation for children. This process would provide a
large operative space and public support to the child labour campaign. 93rd
constitutional amendment to the constitution made the right to education as a
fundamental right is an opportunity to strengthen the campaign. The main
motto of the campaign should be to change political attitudes by socializing
the issues of children at the community level.
4. Community Action towards Child Education: There is need to bring about
wide spread public awareness towards initiating community action in
promoting school enrolment. Education helps a child to develop cognitively,
emotionally and socially, and needless to say, education is often gravely
reduced by child labour. We need to create a conducive climate in which
community people at large would not tolerate the child labour in any form any
more. There is need to bring about awareness among the poor parents so that
they will develop a willingness to make any sacrifice to get their children
educated. It is possible only when they are convinced about the significance of
education. Once the child is released from labour, the child should be admitted
either to formal education or to informal education depending upon various
factors like age, level of understanding. This should be accompanied with
vocational training depending upon their own choice. Preparation should also
be made for sustaining education outside of formal school buildings, using
community facilities and strengthening alternative education through a variety
of community channels. Influence and sensitize the political parties to include
child education and eradication of child labour in their election manifesto.
Through training and capacity building of central care givers, including
parents, teachers, and community health workers, a diversity of programmes
can enhance the community’s ability to provide education to children.
5. Engaging Institutions of Governance: The institutions of governance at
grass root can monitor the policies, programmes and laws to ensure protection
of children’s interests and rights. Gram Panchayat can play a responsible role
in identification of the projects in the Gram Panchayat areas and allocate
employment opportunities to the needy. It can also ensure child participation
and choice in matters and decisions affecting their lives. There is need to
create community monitoring system through their effective participation in
the Gram Sabha. Strengthening community participation in the whole process
by way of conducting regular social audits of all the programmes is a
prerequisite. In doing so they seek authorities accountable and transparent
towards effective implementation of various government programmes meant
for child education and eradication of child labour.
 CONCLUSION AND SUGGESTION

Unless there are socially conscious policies in the country, the policies won’t make that much
of a difference. It is still true that things are not very good for children. Child rights need to
be actively respected rather than simply acknowledged, and we must admit that more than the
passage of laws and publicizing the same to stimulate the kind of debate in such a way that
leads to attitudinal change.
The problem of child labour can be best addressed by adopting various strategies ranging
from enrolment and retaining children in the school, income generation avenues for adults,
poverty eradication programmes simultaneously. Awareness generation in the society towards
universalisation of primary education. The need of the hour is that the Government should
ensure all measures and an enabling environment for survival, growth, development and
protection of all children, so that each child can realize his or her inherent potential and grow
up to be a healthy and productive citizen. This calls for collective commitment and action by
all sectors and levels of governments and partnership with families, communities, voluntary
sector, civil society and children themselves.
The poverty is cited as the major cause of child labour, it is not the only determinant, but also
inadequate schooling and the expensive schooling leaves some children nothing else to do but
work. The attitude of parents feels that is useful in the job market, instead of taking the
advantage of formal education. The prevalence of child labour has been found more or less in
all periods of time though varied in its nature and dimensions, depending on the existing
socio economic structure of the society.
In pre capitalist society, the work place of the child labour was often confined to the family
environment as relationships were very informal and the child was not exposed to hazardous
environment. In ancient times, trade with children of down traders did exist. The position of
child labour during the period of Jehangir did not improve at all.
Children from poor families do not have much access to education as those from wealthier
families. The chances of benefiting from education will diminish even further when they
work, the more so the greater degree of drudgery of the work. Child labour has several
consequences for unemployment and poverty. The economic effects of child labour have also
their social implications.