Abstract

This paper focus on to which extent constitutional mandate has been implemented. Child labour is a vexed subject in India. People often think about it with their hearts rather with their heads. Child labour represents a fundamental abuse of child right and a violation of various laws. There are specific clauses in the draft of Indian Constitution dated 26th January, 1950 about the Child Labour Policy in India. These are conveyed through different articles in the Fundamental Rights and Directive Principles of the State Policy. They lay down specific policy rules regarding child labour in Articles 14, 15(3), 23, 24, 38, 39(e), 39(f), 41, 42, 45, 46 and 47. It was also decided that both the Union and State Government could legislate on matters concerning child labour. Various legislative initiatives were also taken in this regard at both the State and the Union level. But still Statics reveal that India is the largest example of a nation plagued by the problem of child labour – 218 million. All of the policies that the Indian Government has in place are in accordance with the Constitution of India, and all support the eradication of Child Labour. Yhis problem still remains even though all these policies are existent. Enforcement is the key aspect that is lacking in the government’s efforts. No enforcement data for child labour laws are available. “A glaring sign of neglect of their duties by officials charged with enforcing child labour laws is the failure to collect, maintain and disseminate accurate statistics regarding enforcement efforts.” If child labour is to be eradicated in India, the government and those responsible for enforcement need to start doing their jobs. Policies can and will be developed concerning child labour, but without enforcement they are all useless. Indian laws become unpractical and redundant in the face of necessity. The proposed paper examines how far the constitutional mandate of child labour has been given a practical shape and to what extent the mandate has been enforced and implemented in India. At end paper suggests some strategies to control the child labour in India.

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