Article 24 of the Costitution of India with Case law
🇮🇳 Article 24 of the Constitution of India – Prohibition of employment of children in factories, etc.
🔹 Text of Article 24:
"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."
📘 Explanation:
Article 24 is a fundamental right under Part III of the Constitution.
It prohibits child labour in:
Factories
Mines
Any other hazardous occupations
It aims to protect children from exploitation and to ensure their right to education and a safe childhood.
🧒 Who is a "Child" under Article 24?
A child is defined as a person below the age of 14 years.
⚖️ Important Case Laws on Article 24:
1. M. C. Mehta v. State of Tamil Nadu (AIR 1997 SC 699)
Facts: Concerned with employment of children in match factories in Sivakasi, Tamil Nadu.
Held: The Supreme Court issued guidelines prohibiting hazardous child labour and mandated the establishment of welfare funds for affected children.
Significance: Strengthened enforcement of Article 24 and directed strict measures against violators.
2. People’s Union for Democratic Rights v. Union of India (AIR 1982 SC 1473)
Facts: Bonded child labour was used in the construction of stadiums for the Asian Games.
Held: Article 24 was interpreted broadly to prevent all forms of forced labour involving children under 14.
Significance: Extended constitutional protection to all children in hazardous occupations.
3. Bandhua Mukti Morcha v. Union of India (AIR 1984 SC 802)
Held: Forced labour and child labour violate Articles 21, 23, and 24.
The Court emphasized the State’s duty to ensure children are not exploited and get education.
📜 Statutory Support:
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
(Amended in 2016)
Prohibits employment of children below 14 in all occupations and adolescents (14–18) in hazardous occupations.
Exceptions: Family enterprises and entertainment industry under regulated conditions.
Factories Act, 1948
Prohibits employment of children below 14 years in factories.
Mines Act, 1952
Prohibits employment of persons below 18 years in mines; strict regulation for adolescents.
📌 Key Takeaways:
| Aspect | Description |
|---|---|
| Article Number | 24 |
| Category | Fundamental Right |
| Prohibits | Employment of children (<14) in hazardous jobs |
| Not Allowed In | Factories, Mines, Other hazardous occupations |
| Key Judgments | M.C. Mehta (Sivakasi), PUCL v. Union of India, Bandhua Mukti Morcha |
| Supported By | Child Labour Act 1986 (Amended 2016), Factories Act 1948 |
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