A knowledge blog from People’s University, Bhopal
Think about what a normal Tuesday looks like for a 10 year old. School in the morning. Lunch with friends. Some homework. Evening cricket in the lane outside.
Now think about a 10 year old carrying bricks at a construction site from seven in the morning. Or washing dishes at a roadside dhaba before the school day even starts. Or sorting tobacco leaves in a small unit with no windows and no breaks.
Both of these are happening in India right now. The second version, for millions of children, is just called Tuesday.
What Child Labour Actually Is
Not all work a child does counts as child labour. A child helping with cooking at home is not the same as a child working twelve hours in a factory. The difference is in what the work takes away.
When work takes away a child’s education, their health, their safety and their right to simply be a child — that is child labour. The law recognises this clearly.
The Child and Adolescent Labour Act of 1986, amended in 2016, prohibits employment of any child below 14 years in any occupation. Children between 14 to 18 are called adolescents under this law and cannot work in hazardous industries. Breaking this law is a cognizable offence — meaning employers can be arrested without a warrant.
One exception exists — children can help in a family-owned business provided it does not affect their schooling or health. This exception has been widely criticised because it is regularly misused.
Why It Has Not Stopped
The honest answer is that child labour survives because poverty makes it feel necessary.
When a family cannot afford food, the money a child earns stops being optional. Parents in that position are not indifferent to their child’s future. They are trying to get through the week. That is a real and difficult thing to sit with.
States like Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh and Maharashtra consistently report the highest numbers. Poverty, poor access to schools and deeply rooted social norms all play into it. Girls especially are pulled into domestic and household work that does not show up in any official count but costs them just as much.
Migration from villages to cities has made things worse in some ways. Children moving with families into urban areas often end up working in construction, small factories and household settings where no one is watching and no one is asking questions.
What the Constitution and the Law Actually Say
Three things are worth knowing clearly.
Article 24 of the Indian Constitution prohibits employment of children below 14 in factories, mines and hazardous work. This is a Fundamental Right. It cannot be bargained away.
Article 21A gives every child between 6 and 14 the right to free and compulsory education. This became enforceable through the Right to Education Act in 2009.
The Child and Adolescent Labour Act covers the rest — banning all employment of children under 14 across every sector, not just hazardous ones. The 2016 amendment strengthened penalties and extended protection to the 14 to 18 age group in dangerous work.
The law is clear. Enforcement is where things fall apart. Most violations happen in sectors where government inspectors rarely go. Most families who are affected do not know these rights exist. And that gap between what the law says and what actually happens on the ground is where the real problem sits.
Why This Matters for Law Students
Understanding this gap is exactly what law school should be about. A lawyer who knows child rights law, can read a case clearly and is willing to use that knowledge for someone who cannot afford to pay — that is where the degree becomes something worth having.
The law programmes at People’s Institute of Legal Studies, People’s University Bhopal — BA LLB, LLB and LLM, all BCI approved — are built around law as a tool for real people in real situations.
Admissions for 2026-27 are open at admissions.peoplesuniversity.edu.in
