Child Labour Part C (domestic or factory) is a LOCK: appears in almost every paper. Equal Remuneration Part B last appeared Nov 2022. Both require write-ready answers. Know the 2016 Amendment (complete ban under 14) and M.C. Mehta five-point framework cold.
Why This Matters
A 12 year old boy works in a carpet weaving unit in Mirzapur. His parents, both landless labourers, sent him to earn. The employer pays him Rs. 50 per day, less than half the adult minimum wage. Under the Constitution, the Child Labour Act, and international conventions, this is illegal regardless of parental consent. A woman working in a garment factory does the same stitching work as her male colleague but earns Rs. 200 less per day. The Equal Remuneration Act prohibits this. This chapter covers both protective statutes.
Chapter Overview
This chapter answers three questions:
- What does the Constitution say about child labour? The fundamental rights and DPSPs that protect children.
- What does the Child Labour Act prohibit and regulate? The prohibition/regulation framework of the 1986 Act and the 2016 Amendment.
- What does the Equal Remuneration Act require? Equal pay for equal work and the prohibition on gender discrimination in recruitment.
Rights of the Child and the Indian Constitution
The Constitution addresses child labour through both fundamental rights and directive principles.
Fundamental Rights
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.
This is an absolute prohibition. It is a fundamental right, directly enforceable through courts. It applies to factories, mines, and any other hazardous employment. The word "hazardous" is key: the prohibition extends beyond factories and mines to any employment that is dangerous to children.
Article 21A: The State shall provide free and compulsory education to all children of the age of 6 to 14 years. (Inserted by the 86th Amendment, 2002.)
This creates a positive obligation: the child must be in school, not in a factory. Article 24 (prohibition on child labour) and Article 21A (right to education) together create a framework where children below 14 must be in school and cannot be in hazardous employment.
Article 23: Prohibition of traffic in human beings and forced labour. Child labour, particularly bonded child labour, falls within this prohibition.
Directive Principles
Article 39(e): The State shall direct its policy to ensure that the health and strength of workers and the tender age of children are not abused.
Article 39(f): Children shall be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and childhood and youth shall be protected against exploitation.
Article 45: The State shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years.
- Article 24: No child under 14 in factory/mine/hazardous work (fundamental right)
- Article 21A: Free compulsory education, age 6 to 14 (fundamental right)
- Article 39(e): Protect tender age from abuse (DPSP)
- Article 39(f): Childhood protected against exploitation (DPSP)
Articles 24 and 21A are enforceable. Articles 39(e) and 39(f) guide legislation.
The Child Labour (Prohibition and Regulation) Act, 1986
This Act was the first comprehensive central legislation on child labour. It was significantly amended in 2016.
Original Act (1986)
The original Act created a two track system:
Track 1: Prohibition. Complete ban on employment of children (below 14) in specified hazardous occupations and processes listed in the Schedule. These included bidi making, carpet weaving, match and fireworks manufacture, glass and bangles industry, brick kilns, and others.
Track 2: Regulation. For non hazardous employments, the Act did not prohibit child labour but regulated it: maximum hours, intervals, prohibition of night work, and other conditions.
The 2016 Amendment: Key Changes
The 2016 Amendment fundamentally restructured the Act.
| Dimension | Original Act (1986) | 2016 Amendment |
|---|---|---|
| Children (below 14) | Prohibited in hazardous occupations only | Complete prohibition in all occupations and processes |
| Adolescents (14 to 18) | No specific provision | Prohibited in hazardous occupations and processes |
| Family enterprises | No exception | Exception: children may help in family enterprises after school hours (non hazardous) |
| Penalties | Lower | Enhanced: imprisonment 6 months to 2 years + fine Rs. 20,000 to Rs. 50,000 |
| Rehabilitation | Minimal | Child Labour Rehabilitation Fund established |
The complete ban for children under 14 is the most significant change. Under the original Act, a child could work in a non hazardous occupation (like a tea stall). After the 2016 Amendment, no child under 14 may be employed in any occupation or process, hazardous or not. The only exception is helping in a family enterprise (non hazardous) after school hours and during vacations.
The adolescent category (14 to 18) was introduced for the first time. Adolescents may work in non hazardous occupations but are prohibited from hazardous occupations listed in the revised Schedule.
Salient Features
- Definitions: "Child" means a person below 14. "Adolescent" means a person between 14 and 18.
- Prohibition: No child shall be employed or permitted to work in any occupation or process (Section 3, post 2016).
- Regulation of adolescents: Adolescents prohibited in hazardous occupations. Conditions regulated for non hazardous work.
- Penalties: First offence: imprisonment 6 months to 2 years, or fine Rs. 20,000 to Rs. 50,000, or both. Repeat offence: imprisonment 1 to 3 years.
- Rehabilitation: District Magistrate to ensure rescued children are rehabilitated. Child Labour Rehabilitation Fund.
- Inspectors: Government appoints inspectors with powers to enter, examine, and prosecute.
📋 Facts: PIL concerning child labour in the match and fireworks industry in Sivakasi, Tamil Nadu. Thousands of children worked in hazardous conditions.
⚖️ Issue: What directions should the Court give for the elimination of child labour in hazardous industries?
🏛️ Held: The Court directed: (1) survey and identification of all children working in hazardous industries, (2) withdrawal of children from hazardous employment, (3) employer to pay Rs. 20,000 per child as compensation into a rehabilitation fund, (4) one adult family member to be given employment in lieu of the child, (5) education to be provided to every withdrawn child.
🎯 Principle: The State has a constitutional obligation to eliminate child labour in hazardous industries. Rehabilitation must accompany prohibition.
The Equal Remuneration Act, 1976
The Act gives effect to Article 39(d) of the Constitution: equal pay for equal work for both men and women.
No employer shall pay to any worker, employed by him in an establishment, remuneration at rates less favourable than those at which remuneration is paid by him to workers of the opposite sex for the same work or work of a similar nature.
No employer shall make any discrimination against women in recruitment for the same work or work of a similar nature, except where employment of women is prohibited or restricted by law.
Key Provisions
"Same work or work of a similar nature" means work that is the same or similar in terms of skill, effort, and responsibility. Minor differences in duties do not justify wage disparity. The test is substance, not designation.
Prohibition extends to recruitment: Not just equal pay but equal opportunity. The employer cannot refuse to hire women for work they are legally permitted to do.
📋 Facts: A lady stenographer was paid less than male stenographers doing the same work. The employer argued the lady stenographers formed a separate class doing confidential work, and that a settlement sanctioned the lower scale.
⚖️ Issue: Whether the work was the same or of a similar nature, and whether historical or settlement-based pay scales could justify the disparity.
🏛️ Held: The work was the same in skill, effort, and responsibility. Neither a settlement nor traditional gender-based scales can override the Act. The employer’s financial position is equally irrelevant.
🎯 Principle: The Equal Remuneration Act binds private employers; the test is the substance of the work, and no agreement or tradition can contract out of equal pay.
Advisory Committee: The appropriate Government shall appoint an advisory committee to promote opportunities for women in employment.
Penalties: Fine for first offence up to Rs. 10,000, or imprisonment up to one year, or both. Repeat offences attract enhanced penalties.
It is, for now. But the Code on Wages, 2019 subsumes the Equal Remuneration Act. The equal pay provisions are incorporated into the Code (Chapter on prohibition of gender discrimination in wages). The Code was brought into force in November 2025 with transitional implementation; examinations continue to test the 1976 Act framework.
Common Confusions
That was true under the original 1986 Act. After the 2016 Amendment, no child under 14 can be employed in any occupation, hazardous or not. The only exception is helping in family enterprises (non hazardous) after school hours.
It also prohibits discrimination in recruitment (Section 5). An employer cannot refuse to hire women for work they are legally permitted to do. The Act covers both remuneration and opportunity.
Key Takeaways
Constitutional Framework for Children:
- Article 24: no child under 14 in factory/mine/hazardous work (fundamental right)
- Article 21A: free compulsory education, 6 to 14 (fundamental right)
- Articles 39(e), 39(f): protect children from exploitation (DPSP)
Child Labour Act (1986, amended 2016):
- Children (under 14): complete prohibition in all occupations (post 2016)
- Adolescents (14 to 18): prohibited in hazardous occupations
- Family enterprise exception: non hazardous, after school hours only
- Penalties: 6 months to 2 years imprisonment + fine
- M.C. Mehta (1996): survey, withdraw, compensate, educate, employ adult family member
Equal Remuneration Act, 1976:
- Equal pay for same work or similar nature work (Section 4)
- No discrimination in recruitment (Section 5)
- Test: skill, effort, responsibility (substance, not designation)
- Subsumed by Code on Wages, 2019 (in force from November 2025)
Child Labour: Constitutional provisions
The Constitution protects children through fundamental rights and directive principles. Article 24 prohibits employment of children below 14 in any factory, mine, or hazardous employment. This is a fundamental right, directly enforceable. Article 21A (86th Amendment, 2002) guarantees free and compulsory education for children aged 6 to 14, creating a positive obligation to keep children in school.
Article 39(e) directs the State to protect the health and strength of workers and the tender age of children from abuse. Article 39(f) directs that children be given opportunities to develop in conditions of freedom and dignity, protected against exploitation. These DPSPs guide legislation including the Child Labour Act, 1986.
Together, Articles 24 and 21A establish that children must be in school and out of hazardous work. The 2016 Amendment to the Child Labour Act extended this to a complete prohibition on all employment of children under 14.
Part A (6 marks)
Salient features of Child Labour Act
The Child Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, defines "child" as a person below 14 and "adolescent" as a person between 14 and 18. Post 2016 Amendment: complete prohibition on employment of children in all occupations and processes (not just hazardous). Adolescents prohibited in hazardous occupations, regulated in non hazardous. Exception: children may help in family enterprises (non hazardous) after school hours and vacations.
Penalties: first offence 6 months to 2 years imprisonment and/or fine Rs. 20,000 to 50,000. Repeat offence: 1 to 3 years. Rehabilitation through Child Labour Rehabilitation Fund. In M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court directed survey, withdrawal, Rs. 20,000 compensation per child, employment of one adult family member, and education for every withdrawn child.
Part A (6 marks)
Equal Remuneration Act
The Equal Remuneration Act, 1976 gives effect to Article 39(d) of the Constitution. Section 4 prohibits the employer from paying remuneration at rates less favourable to workers of one sex for the same work or work of a similar nature. "Same or similar work" is determined by skill, effort, and responsibility, not job designation.
Section 5 prohibits discrimination against women in recruitment for the same or similar work, except where employment of women is restricted by law. The Act provides for an advisory committee to promote women's employment opportunities. Penalties: fine up to Rs. 10,000 or imprisonment up to one year for first offence. The Act is subsumed by the Code on Wages, 2019, which was brought into force in November 2025; the 1976 framework remains the examined law.
Part B (15 marks)
Discuss the law relating to Child Labour in India / Child Labour (Prohibition and Regulation) Act in detail
- Article 24: no child under 14 in factory/mine/hazardous (fundamental right)
- Article 21A: free compulsory education ages 6 to 14 (86th Amendment 2002)
- Articles 39(e) and 39(f): protect children from exploitation (DPSP)
- Original 1986 Act: two track prohibition (hazardous) + regulation (non hazardous)
- 2016 Amendment: complete ban for under 14; new "adolescent" category 14 to 18
- Family enterprise exception: non hazardous, after school hours only
- M.C. Mehta v. State of TN 1996: survey, withdraw, Rs. 20,000 compensation, adult family employment, education
Conclusion. The law relating to child labour in India has evolved from a two track regulatory regime under the original 1986 Act to a comprehensive prohibition regime under the 2016 Amendment, supported by constitutional guarantees, judicial activism, and rehabilitation infrastructure. The constitutional framework under Articles 24, 21A, 39(e), and 39(f) establishes the substantive obligations. The 2016 amended Act extends the prohibition to all occupations for children under 14, introduces the adolescent category, recognises the family enterprise exception, and enhances penalties. The M.C. Mehta directions provide the practical implementation framework integrating prohibition with rehabilitation and adult family employment. The Right to Education Act 2009 ensures that withdrawn children enter the education system. While implementation challenges persist due to the scale of the problem and the structural drivers of child labour including poverty and inadequate schooling, the legal framework now provides comprehensive protection. The remaining task is enforcement, which requires sustained political will, adequate budgetary allocation, and coordination between labour, education, and welfare departments at central, state, and district levels.
Part B (15 marks)
Explain the law relating to equal pay for equal work in India
- Article 39(d): equal pay for equal work for both men and women (DPSP)
- Article 14: equality before law; Article 15: prohibition of discrimination
- Equal Remuneration Act 1976: Section 4 (equal pay); Section 5 (no discrimination in recruitment)
- Test: same work or work of similar nature, measured by skill, effort, responsibility
- Randhir Singh v. Union of India 1982: equal pay for equal work elevated to enforceable right
- Code on Wages 2019: subsumes Equal Remuneration Act, equal pay incorporated in Code