Labour Commissionerate
Labour & Employment Department, Government of Gujarat
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The Constitutional provisions

The Constitution is the law of land and any law framed contrary to it will be held unconstitutional and invalid. Our Constitution framers were aware about the problem of child labour, so they made prohibition of child in certain employment as a fundamental right under Article 24 and issued many Directive Principles of State Policies in Part IV. Let us examine all constitutional provisions eliminating child labour.
ArticlesContents
Article 15 (3)
The State is empowered to make the special provisions relating to child, which will not be violative of right to equality.
Article 21
No person shall be deprived of his life or personal liberty, except according to procedure established by law. The Supreme Court held that ‘life’ includes free from exploitation and to live a dignified life.
Article 21A
The State shall provide free and compulsory education to all children of the age of six to fourteen years, in such manner as the State may, by law, determine.7 Where children are allowed to work, in such establishment, it is the duty of employer to make provisions for the education of child labourer.8
Article 23
Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this prohibition shall be an offence punishable in accordance with law.9
Article 24
No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

The Supreme Court held that “hazardous employment” includes construction work10, match boxes and fireworks11 therefore; no child below the age of 14 years can be employed. Positive steps should be taken for the welfare of such children as well as for improving the quality of their life.
Article 39 (e)
The State shall, in particular, direct its policy towards securing the health and strength of 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)
The State shall, in particular, direct its policy towards securing 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.
Article 45
The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.12
Article 51A (e)
It shall be the duty of every citizen of India, who is a parent or guardian to provide opportunities for education to his child or ward as the case may be, between the age of six and fourteen years.13
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