Article 24 is a cornerstone of the Right against Exploitation (Articles 23 & 24). It imposes a constitutional prohibition on employing children in hazardous occupations, ensuring that the nation's future — its children — are protected from economic exploitation and dangerous work environments. This fundamental right is directly enforceable and has shaped landmark legislation like the Child Labour (Prohibition and Regulation) Act, 1986, and the Juvenile Justice (Care and Protection) Act.
The provision is absolute and applies to all industries, establishments, and transport sectors. The term has been expansively interpreted by courts to include any work that may harm the child’s physical, mental, or emotional well-being. Unlike Article 23 (prohibition of trafficking), Article 24 is specifically tailored for children’s protection.
🔹 Supreme Court directed that children working in hazardous industries must be withdrawn and provided education. It laid down a compensation scheme and held that employers violate fundamental rights under Article 24.
Landmark PIL🔹 Focused on bonded labour but expanded interpretation of Article 24: any form of child labour in dangerous conditions amounts to exploitation. The court emphasized social justice and rehabilitation.
🔹 Asiad Workers Case: Non-payment of minimum wage to children working in construction was held violative of Article 24. Court established that "hazardous employment" includes construction work.
🔹 Reiterated that children below 14 cannot be employed in any hazardous process, beedi rolling included; reinforced strict monitoring mechanisms.
Through judicial activism, Article 24 has evolved into a robust shield. The 2006 amendment to the Child Labour Act prohibits children under 14 from all occupations except helping in family enterprises after school hours.
Article 24 acts as a constitutional mandate that drives key statutes:
As per Census 2011 & ILO reports, child labour in India has reduced significantly — from 12.6 million (2001) to 10.1 million (2011). Post-RTE and Article 24 enforcement, further declines projected.
Article 24, coupled with RTE, makes education a fundamental right. States like Kerala, Tamil Nadu, and Maharashtra show near-zero child labour in hazardous sectors due to effective monitoring & awareness.
Despite progress, challenges remain in unorganized sectors, domestic work, and agriculture. The National Policy on Child Labour (2020) aims to eliminate all forms of child labour by 2025 through convergence of schemes and strict vigilance.
Article 24 aligns with UN Convention on the Rights of the Child (UNCRC), ratified by India in 1992. It also echoes ILO Convention No. 138 (Minimum Age) and ILO Convention No. 182 (Worst Forms of Child Labour). India has consistently worked to eradicate child labour, with Article 24 serving as the constitutional backbone. The judiciary has often invoked international instruments to strengthen interpretation.
📌 “Article 24 is not a mere directive; it is an enforceable fundamental right that imposes a duty on every citizen, employer, and the state to ensure that childhood remains a period of learning, growth, and dignity.” — Supreme Court of India (Various judgments)
If you witness a child below 14 working in a factory, mine, or hazardous setting, you can report immediately: