Child Labour: Provisions on Child Labour Under Indian Constitution

Abstract

Child labour is not a new phenomenon confined to our age. But its perception as a social problem the world over is a new- phenomenon of our times. Child labour has been in prevalence in almost all periods of human history, though varied in its nature, from and dimeCon, depending on the existing socio-economic structure of society. In the olden days, child labour was a part of social organization in which all members pooled their labour to produce for collective subsistence and survival. This was so in rural farming where the work of child formed part of the labour necessary for the reproduction system. As in other third world countries, in India, before the rise of capitalism, children were primarily assigned the status of helpers and learners in family occupations under the supervision of the adult members of the family. In this system, their work place was an extension of the home and work relationship was informal. The tasks and technology that work involved were simple and non hazardous which they could learn smoothly, almost unconsciously, over the years through association and imitation.    

This practice underwent a drastic change with the rise of capitalism in the context of industrialization during the 18^th century. The growth of market economy or capitalism (capitalist relations of production) was the result of several interrelated phenomenon like an increase in industrial production, the shift to cash crop farming and commercialization of agriculture, which led to growth of landless population, migration and urbanization and wide spread unemployment in different forms. The new economic forces unleashed by capitalism destroyed the family based economy forces supported by family occupational culture and as a consequence, a large number of agriculture labourers were rendered jobless due to mechanization of agriculture. Farmers were alienated from their home- based workplace. Lack of alternative employment for adults forced children to enter the labour market.