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What is Article 24 of Indian constitution| Fundamental Right that provides protection against child labor.

 

What is Article 24 of Indian constitution


 Article 24 of the Indian Constitution – Prohibition of Child Labour in Hazardous Employment

Introduction
The Constitution of India enshrines a robust framework of Fundamental Rights to safeguard the dignity, liberty, and equality of its citizens. Within this framework, Articles 23 and 24 together form the Right Against Exploitation. While Article 23 prohibits trafficking and forced labour, Article 24 specifically prohibits the employment of children in hazardous occupations. It reflects the nation’s commitment to protecting its youngest citizens from economic exploitation and physical harm, ensuring they receive the education and care necessary for holistic growth.

 

Text of Article 24

"Prohibition of employment of children in factories, etc.
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."

 

Key Features

1.    Absolute Nature – No exceptions are allowed in hazardous sectors.

2.    Coverage – Factories, mines, and any other occupation classified as hazardous by law.

3.    Fundamental Right – Directly enforceable in the Supreme Court or High Courts.

4.    Protective Scope – Aims to protect health, morals, and the right to education.

 

Objectives

  • Prevent Economic Exploitation – Children should not be forced to work at the cost of their health or education.
  • Ensure Education – Works in tandem with Article 21A (Right to Education).
  • Protect Physical and Mental Health – Avoids long-term health damage from dangerous work environments.
  • Moral Development – Allows children to grow in a safe and nurturing atmosphere.

 

Supporting Legislation

  • Child Labour (Prohibition and Regulation) Act, 1986 – Banned child labour in certain hazardous jobs, regulated working conditions in others.
  • Child Labour (Prohibition and Regulation) Amendment Act, 2016 – Expanded ban to all occupations for under-14s (except non-hazardous family work and certain entertainment activities), prohibited adolescents (14–18 years) in hazardous work.
  • Right to Education Act, 2009 – Provides free and compulsory education for children aged 6–14, reinforcing Article 24.

 

Important Judgments

People’s Union for Democratic Rights v. Union of India (1982)

o   The Supreme Court held that employing children below 14 in construction work for the Asiad Games violated Article 24.

o   It reinforced that Fundamental Rights cannot be waived and are enforceable even against private contractors.

M.C. Mehta v. State of Tamil Nadu (1996)

o   The Court ordered the closure of hazardous industries employing children and directed the creation of a Child Labour Rehabilitation Fund.

o   It linked Article 24 with Articles 39(e) and 39(f) of the Directive Principles.

Bandhua Mukti Morcha v. Union of India (1984)

o   Although primarily on bonded labour, the Court stressed that child labour violates human dignity and the right to live with dignity under Article 21, read with Article 24.

Unnikrishnan J.P. v. State of Andhra Pradesh (1993)

o   While discussing the right to education, the Court connected the ban on hazardous child labour to the need for compulsory education, strengthening Article 24’s application.

 

Examples of Application

  • Brick Kilns in Uttar Pradesh – Labour department raids in 2018 rescued dozens of under-14 children working without safety equipment, invoking Article 24.
  • Firecracker Factories in Sivakasi, Tamil Nadu – Courts have repeatedly intervened to stop illegal child labour in hazardous chemical-handling units.
  • Mining Sector in Jharkhand – Article 24 was applied to remove children from mica mines and enroll them in school rehabilitation programs.

 

Enforcement and Penalties

  • Fines – ₹20,000–₹50,000 under the Child Labour laws.
  • Imprisonment – 6 months to 2 years for employers.
  • Authorities – Labour inspectors, police, child welfare committees.
  • Public Interest Litigation (PIL) – Activists and NGOs often approach courts under Article 32/226 to enforce Article 24.

 

Challenges

  • Poverty-driven child labour in informal sectors.
  • Lack of strict monitoring in rural areas.
  • Cultural normalization of children helping in work environments.

 

Conclusion

Article 24 of the Indian Constitution is more than just a legal prohibition; it is a moral promise to safeguard the nation’s future. Through landmark judgments and reinforced legislation, it aims to eliminate hazardous child labour, promote education, and protect the dignity of every child. However, for its vision to be realized, enforcement must be strengthened, societal attitudes must shift, and economic support for vulnerable families must be enhanced. Protecting children from dangerous work is not only a constitutional duty—it is a measure of a nation’s humanity.


MCQs on Article 24 – Prohibition of Child Labour in Hazardous Employment

 

Which part of the Indian Constitution contains Article 24?
A) Part II – Citizenship
B) Part III – Fundamental Rights
C) Part IV – Directive Principles of State Policy
D) Part IVA – Fundamental Duties
Answer: B
Explanation: Article 24 is placed under Part III of the Constitution, which guarantees Fundamental Rights to all citizens.

 

What is the maximum age limit mentioned in Article 24 for prohibition of employment in hazardous work?
A) 12 years
B) 14 years
C) 16 years
D) 18 years
Answer: B
Explanation: Children below the age of 14 years cannot be employed in hazardous industries like factories or mines.

 

Article 24 prohibits the employment of children in:
A) Only mines
B) Only factories
C) Factories, mines, and hazardous employment
D) All types of work without exception
Answer: C
Explanation: The scope of Article 24 includes all hazardous occupations including factories and mines.

 

Which Act was amended in 2016 to expand the ban on child labour?
A) Child Protection Act
B) Child Labour (Prohibition and Regulation) Act, 1986
C) Juvenile Justice Act
D) Employment of Children Act
Answer: B
Explanation: The 2016 amendment expanded the prohibition and introduced stricter penalties for violations.

 

Which Supreme Court case ordered the creation of the Child Labour Rehabilitation Fund?
A) Bandhua Mukti Morcha v. Union of India
B) M.C. Mehta v. State of Tamil Nadu
C) Unnikrishnan J.P. v. State of Andhra Pradesh
D) People’s Union for Democratic Rights v. Union of India
Answer: B
Explanation: The 1996 M.C. Mehta case laid guidelines to rehabilitate child labourers and penalize violators.

 

Which article of the Constitution guarantees the Right to Education, complementing Article 24?
A) Article 19
B) Article 21
C) Article 21A
D) Article 32
Answer: C
Explanation: Article 21A makes education a fundamental right for children between 6 and 14 years, complementing Article 24’s ban on child labour.

 

In People’s Union for Democratic Rights v. Union of India (1982), the Supreme Court dealt with child labour during which event?
A) 1982 Asian Games
B) 1983 Cricket World Cup
C) 1980 Summer Olympics
D) Commonwealth Games 2010
Answer: A
Explanation: The case addressed exploitation of children and workers during construction projects for the 1982 Asian Games in Delhi.

 

Which international organization sets conventions related to minimum age and worst forms of child labour?
A) UNESCO
B) ILO
C) UNICEF
D) WHO
Answer: B
Explanation: The International Labour Organization (ILO) sets international labour standards, including Convention 138 and 182 on child labour.

 

The Child Labour (Prohibition and Regulation) Act was enacted in:
A) 1976
B) 1986
C) 1996
D) 2006
Answer: B
Explanation: Enacted in 1986, it prohibited hazardous child labour and regulated non-hazardous work conditions.

 

Which constitutional provision empowers citizens to approach the court if Article 24 is violated?
A) Article 32
B) Article 226
C) Both A and B
D) Article 20
Answer: C
Explanation: Article 32 allows petitions to the Supreme Court, and Article 226 allows petitions to High Courts for enforcement of fundamental rights.

 

Under Article 24, which term is used for dangerous work environments for children?
A) Hazardous employment
B) Risky business
C) Unlawful employment
D) High-risk labour
Answer: A
Explanation: The term “hazardous employment” is used to describe dangerous jobs prohibited for children under 14 years.

 

Which sector is not considered hazardous under the Child Labour Act?
A) Mining
B) Construction of railways
C) Family-based handicrafts
D) Explosives manufacturing
Answer: C
Explanation: Family-based handicraft work is exempt under certain conditions, provided it is non-hazardous.

 

The penalty for employing a child in hazardous work after the 2016 amendment includes:
A) Fine only
B) Imprisonment only
C) Fine and imprisonment
D) Warning only
Answer: C
Explanation: Violators can face imprisonment between 6 months to 2 years and/or a fine of ₹20,000 to ₹50,000.

 

Which fundamental right is closely linked with Article 24 to prevent child labour?
A) Right to Equality
B) Right against Exploitation
C) Right to Freedom
D) Right to Property
Answer: B
Explanation: Article 24 is a part of the “Right against Exploitation” along with Article 23.

 

Article 24 applies to:
A) Only Indian citizens
B) All persons in India
C) Only government employees
D) Only children of labourers
Answer: B
Explanation: Like most fundamental rights, Article 24 applies to all persons within India, not just citizens.

 

Which case highlighted that children must not be made to work in match factories near fire sources?
A) Unnikrishnan J.P. v. State of Andhra Pradesh
B) M.C. Mehta v. State of Tamil Nadu
C) Bandhua Mukti Morcha v. Union of India
D) People’s Union for Democratic Rights v. Union of India
Answer: B
Explanation: The M.C. Mehta judgment prohibited such dangerous employment for children.

 

Which ministry oversees enforcement of child labour laws in India?
A) Ministry of Social Justice and Empowerment
B) Ministry of Labour and Employment
C) Ministry of Women and Child Development
D) Ministry of Law and Justice
Answer: B
Explanation: The Ministry of Labour and Employment is the nodal agency for child labour policy and enforcement.

 

The 2016 amendment allowed children under 14 to work in:
A) Hazardous jobs
B) Family enterprises after school hours
C) Factories
D) Mines
Answer: B
Explanation: The law permits work in family enterprises after school hours and during vacations, if non-hazardous.

 

Which constitutional article relates to prohibition of “traffic in human beings” and “begar”?
A) Article 21
B) Article 23
C) Article 25
D) Article 19
Answer: B
Explanation: Article 23 prohibits trafficking and forced labour, complementing Article 24’s ban on child labour.

 

What is the primary objective of Article 24?
A) Promote sports for children
B) Ensure child employment
C) Protect children from exploitation in hazardous work
D) Reduce unemployment
Answer: C
Explanation: Its main purpose is to protect children from physical and moral hazards associated with dangerous jobs.

 

Which constitutional remedy can be sought directly from the Supreme Court for violation of Article 24?
A) Mandamus
B) Habeas corpus
C) Writ petition under Article 32
D) Special leave petition under Article 136
Answer: C
Explanation: Article 32 enables direct petitions to the Supreme Court for enforcement of fundamental rights.

 

The Bandhua Mukti Morcha case primarily dealt with:
A) Prohibition of child marriage
B) Bonded labour and exploitation of children
C) Environmental pollution
D) Illegal detention
Answer: B
Explanation: The case was a landmark in addressing bonded and child labour conditions in stone quarries.

 

Which ILO Convention deals with the “Worst Forms of Child Labour”?
A) Convention 138
B) Convention 182
C) Convention 105
D) Convention 29
Answer: B
Explanation: ILO Convention 182 addresses the elimination of the worst forms of child labour, including hazardous work.

 

Which Indian state has been known for strong action against child labour in carpet weaving?
A) Uttar Pradesh
B) Kerala
C) Gujarat
D) Punjab
Answer: A
Explanation: Uttar Pradesh has faced major issues with child labour in carpet industries and has implemented rescue programs.

 

The term “child” in Article 24 refers to persons:
A) Below 15 years
B) Below 14 years
C) Below 18 years
D) Below 12 years
Answer: B
Explanation: The Constitution defines the limit as below 14 years for hazardous work prohibition.

 

Which landmark judgment emphasized compulsory education as a tool to curb child labour?
A) Unnikrishnan J.P. v. State of Andhra Pradesh
B) M.C. Mehta v. State of Tamil Nadu
C) Vishaka v. State of Rajasthan
D) Hussainara Khatoon v. State of Bihar
Answer: A
Explanation: This case recognized the right to education as part of the right to life under Article 21.

 

The Child Labour Act enforcement mechanism includes:
A) Labour inspectors
B) Police only
C) Judiciary only
D) NGOs only
Answer: A
Explanation: Labour inspectors are appointed to monitor compliance with the Act’s provisions.

 

Which body issues the National Policy on Child Labour?
A) Supreme Court
B) Ministry of Labour and Employment
C) Parliament
D) UNICEF
Answer: B
Explanation: The ministry formulates and implements national policy to eliminate child labour.

 

Which year saw the first National Policy on Child Labour in India?
A) 1976
B) 1987
C) 1996
D) 2001
Answer: B
Explanation: The 1987 policy aimed at rehabilitation of children withdrawn from hazardous occupations.

 

What is the punishment for parents under the 2016 amendment if they allow hazardous work?
A) Fine only
B) Imprisonment
C) No punishment for first offence
D) Death penalty
Answer: C
Explanation: First-time offences by parents are exempted from punishment to avoid undue hardship.

 

Which constitutional article is known as the “heart and soul” for enforcement of fundamental rights?
A) Article 14
B) Article 32
C) Article 24
D) Article 226
Answer: B
Explanation: Article 32, termed by Dr. Ambedkar as the “heart and soul” of the Constitution, allows enforcement of rights like Article 24.

 

Which type of employment is allowed for children under 14 according to law?
A) Construction site work
B) Mining work
C) Helping in family shop after school
D) Working in fireworks factories
Answer: C
Explanation: The law permits assistance in family enterprises after school hours if non-hazardous.

 

Which constitutional principle does Article 24 uphold?
A) Social justice
B) Economic development
C) Secularism
D) Federalism
Answer: A
Explanation: By preventing exploitation of children, Article 24 promotes social justice.

 

The Right against Exploitation is covered under which Articles?
A) 19 and 20
B) 21 and 22
C) 23 and 24
D) 25 and 26
Answer: C
Explanation: Articles 23 and 24 together form the Right against Exploitation.

 

The prohibition in Article 24 applies to work:
A) Involving moral danger
B) Involving physical danger
C) Involving health risks
D) All of the above
Answer: D
Explanation: The ban covers work posing physical, moral, and health hazards to children.

 

Which body in India monitors child labour elimination progress?
A) National Child Labour Project (NCLP)
B) Supreme Court
C) State High Courts
D) NHRC
Answer: A
Explanation: NCLP runs special schools for rescued children and tracks rehabilitation.

 

Which year saw the inclusion of Article 21A for Right to Education?
A) 1976
B) 1986
C) 2002
D) 2010
Answer: C
Explanation: Article 21A was inserted by the 86th Constitutional Amendment in 2002.

 

In which list of the Seventh Schedule is labour law placed?
A) Union List
B) State List
C) Concurrent List
D) Not listed
Answer: C
Explanation: Labour laws are in the Concurrent List, allowing both Centre and States to legislate.

 

The term “hazardous occupations” is notified by:
A) Parliament
B) Supreme Court
C) Ministry of Labour and Employment
D) President of India
Answer: C
Explanation: The ministry periodically updates the schedule of hazardous occupations.

 

Which article ensures that no child under 14 years is employed in factories or mines?
A) Article 23
B) Article 24
C) Article 25
D) Article 21A
Answer: B
Explanation: This is the direct language of Article 24.

 

Who can file a petition in case of violation of Article 24?
A) The affected child only
B) Parents only
C) Any citizen
D) Labour inspectors only
Answer: C
Explanation: Any citizen can approach courts under public interest litigation to enforce Article 24.

 

Which of the following is an example of hazardous work prohibited for children?
A) Selling flowers at home
B) Working in chemical plants
C) Helping in a family tea shop
D) Assisting in homework
Answer: B
Explanation: Chemical plant work is high-risk and falls under hazardous occupations.

 

The Supreme Court in Hussainara Khatoon v. State of Bihar indirectly linked child labour to:
A) Right to speedy trial
B) Poverty and lack of education
C) Prison reforms
D) Voting rights
Answer: B
Explanation: The case emphasized that poverty and illiteracy drive child labour.

 

Which UN agency focuses on children’s welfare and indirectly supports elimination of child labour?
A) WHO
B) UNICEF
C) UNDP
D) UNESCO
Answer: B
Explanation: UNICEF runs programs to improve child welfare, indirectly reducing child labour.

 

Which factor is not a cause of child labour?
A) Poverty
B) Lack of education
C) Social customs
D) High wages for children
Answer: D
Explanation: Low wages, not high wages, drive employers to hire children.

 

Which constitutional value is strengthened by banning child labour?
A) Liberty
B) Equality
C) Fraternity
D) All of the above
Answer: D
Explanation: It promotes liberty, equality, and fraternity by protecting vulnerable groups.

 

The 1986 Child Labour Act initially prohibited how many hazardous occupations?
A) 10
B) 18
C) 25
D) 32
Answer: B
Explanation: Initially, 18 occupations were listed as hazardous for children.

 

Which constitutional amendment linked Article 24 more strongly with education rights?
A) 42nd
B) 73rd
C) 86th
D) 44th
Answer: C
Explanation: The 86th Amendment introduced Article 21A, strengthening the link between education and child labour prohibition.

 

Which High Court has given strong judgments on child labour in zari industries?
A) Bombay High Court
B) Delhi High Court
C) Madras High Court
D) Allahabad High Court
Answer: B
Explanation: Delhi High Court has addressed child labour in zari and embroidery sectors.

 

Which schedule of the Child Labour Act lists hazardous occupations?
A) First Schedule
B) Second Schedule
C) Third Schedule
D) Fourth Schedule
Answer: A
Explanation: The First Schedule contains the list of hazardous occupations prohibited for children.