Analyzing the Significance of Article 24 of the Indian Constitution: A Contemporary Discussion with Relevant Case Laws

Introduction:

The Indian Constitution, as a guardian of individual rights and liberties, encompasses several provisions aimed at protecting the rights of children. Among these is Article 24, which prohibits the employment of children in hazardous occupations. This article delves into the contemporary relevance of Article 24, sheds light on its interpretation through relevant case laws, and explores its significance in the modern era.

Understanding Article 24:

Article 24 of the Indian Constitution states, "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." This provision reflects the state's commitment to safeguard the well-being and development of children by prohibiting their engagement in hazardous occupations.

Discussion:

1. Contemporary Perspectives:

In the present era, with significant strides in education, awareness, and child rights, Article 24 assumes even greater significance. It addresses the pressing need to protect children from exploitative labor practices, ensuring their access to education, and promoting their holistic development.

2. Judicial Interpretations:

The Indian judiciary has played a crucial role in interpreting and reinforcing the provisions of Article 24. Several landmark cases have contributed to expanding the understanding and scope of this constitutional provision.

3. Right to Education and Article 24:

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, is an important legislation that complements Article 24. In Mohini Jain v. State of Karnataka (1992), the Supreme Court observed that the right to education is a fundamental right implicit in the right to life and personal liberty guaranteed under Article 21. The court highlighted that the objective of Article 24 is to prevent child labor and ensure that children have the opportunity to pursue education.

4. Child Labor and Article 24:

Child labor remains a pressing issue in India, despite legal provisions and concerted efforts to eradicate it. In M.C. Mehta v. State of Tamil Nadu (1991), the Supreme Court took a strong stance against child labor in hazardous industries. The court held that children's involvement in hazardous occupations not only violates their rights but also poses a grave risk to their physical and mental well-being.

5. Child Rights and Vulnerable Groups:

Article 24 assumes heightened significance when considering vulnerable groups such as marginalized communities, child laborers, and those living in poverty. In People's Union for Civil Liberties v. Union of India (2004), the Supreme Court emphasized the need for effective enforcement of laws, improved social welfare schemes, and awareness campaigns to prevent children from being exploited in hazardous occupations.

6. Technological Advancements and New Challenges:

In the modern era, the rise of technology and digital platforms has introduced new challenges concerning child labor. The exploitation of children in informal sectors, including domestic work and agriculture, also calls for renewed efforts to protect their rights under Article 24.

Conclusion:

Article 24 of the Indian Constitution stands as a significant provision, reflecting the country's commitment to protecting the rights and well-being of children. Judicial interpretations have strengthened the scope and understanding of this provision, emphasizing the importance of education, safeguarding vulnerable groups, and eradicating hazardous child labor. However, the fight against child labor requires a multi-faceted approach, including robust enforcement of laws, comprehensive social welfare schemes, and greater awareness to address the evolving challenges in the modern era. By prioritizing the protection and development of children, India can ensure a brighter future for its young generation and uphold the values enshrined in Article 24 of the Constitution.