Article 24 of the Constitution of India protects children from being employed in certain forms of hazardous labour. It prohibits the employment of a child below the age of fourteen years in a factory, mine or any other hazardous employment.
- Constitutional Provision
- Position of Article 24 in the Constitution
- Who Is Protected Under Article 24?
- Meaning of “Child” Under Article 24
- Prohibition of Employment in Factories
- Prohibition of Employment in Mines
- Other Hazardous Employment
- Article 24 and Child Labour
- Child and Adolescent Labour (Prohibition and Regulation) Act
- Article 24 and the Right to Education
- Article 24 and Article 21A
- Article 24 and Article 23
- Article 24 and Article 39
- Article 24 and Human Dignity
- M.C. Mehta v. State of Tamil Nadu
- Bandhua Mukti Morcha v. Union of India
- People’s Union for Democratic Rights v. Union of India
- Child Labour and Education
- Child Labour and Poverty
- Hazardous Employment
- Article 24 and Private Employers
- Is All Child Work Prohibited?
- Important Cases on Article 24
- Important Features of Article 24
- Common Confusions
- Article 24 and Fundamental Duties
- Article 24 and Directive Principles
- Article 24 and International Standards
- Exam Relevance
- Important Points to Remember
- Quick Revision
- Conclusion
The provision forms part of the Right Against Exploitation under Part III of the Constitution. It reflects the constitutional concern that children should be protected from work that can endanger their health, safety, development and education.
Constitutional Provision
Article 24 provides:
“No child below the age of fourteen years shall be employed to work in any factory or mine or employed in any hazardous employment.”
The provision therefore contains three important elements:
- The person must be a child below fourteen years
- Employment in a factory or mine is prohibited
- Employment in any other hazardous employment is also prohibited
Position of Article 24 in the Constitution
Article 24 is contained in Part III – Fundamental Rights.
It forms part of the Right Against Exploitation, along with Article 23.
Article 23
Prohibits:
- Traffic in human beings
- Begar
- Forced labour
Article 24
Prohibits the employment of children below fourteen years in:
- Factories
- Mines
- Other hazardous employment
Together, Articles 23 and 24 seek to protect vulnerable persons from serious forms of exploitation.
Who Is Protected Under Article 24?
Article 24 specifically protects children below the age of fourteen years.
The age requirement is therefore central to the provision.
Article 24 does not prohibit every form of work performed by every person below eighteen years. Its constitutional prohibition specifically concerns children below fourteen years and employment in the categories identified by the Article.
However, statutory child labour laws provide additional protections and restrictions concerning children and adolescents.
Meaning of “Child” Under Article 24
For the purpose of Article 24, the constitutional text uses the expression “child below the age of fourteen years.”
The statutory framework dealing with child and adolescent labour provides further definitions and protections.
The constitutional provision should therefore be read together with the applicable legislation.
Prohibition of Employment in Factories
Article 24 expressly prohibits the employment of children below fourteen years in factories.
The constitutional prohibition recognises that factory work may expose children to:
- Dangerous machinery
- Industrial accidents
- Harmful substances
- Long working conditions
- Unsafe working environments
The prohibition is intended to protect children from such risks.
Prohibition of Employment in Mines
Article 24 also prohibits the employment of children below fourteen years in mines.
Mining can involve significant physical and environmental risks.
The constitutional prohibition therefore provides a specific safeguard against the exploitation of children in mining activities.
Other Hazardous Employment
The protection under Article 24 is not limited to factories and mines.
It also extends to other hazardous employment.
This makes the provision broader than a simple prohibition on child labour in two specified industries.
The identification of hazardous occupations and processes is further governed by legislation.
Article 24 and Child Labour
Article 24 is an important constitutional provision relating to child labour.
However, it should not be interpreted as meaning that all legal regulation concerning child labour is contained within Article 24.
Parliament has enacted legislation that provides broader restrictions and safeguards concerning the employment of children and adolescents.
The most important legislation in this area is the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended.
Child and Adolescent Labour (Prohibition and Regulation) Act
The Child and Adolescent Labour (Prohibition and Regulation) Act provides the principal statutory framework concerning child and adolescent labour.
The law:
- Prohibits the employment of children in accordance with its provisions
- Regulates employment of adolescents in hazardous occupations and processes
- Provides penalties for violations
- Establishes additional protections concerning children and adolescents
The statutory framework has developed over time through amendments to strengthen protection against child labour.
Article 24 and the Right to Education
Article 24 has a close relationship with Article 21A, which guarantees the right to free and compulsory education for children between six and fourteen years.
The constitutional framework therefore provides two complementary protections:
Article 21A → Ensures access to elementary education
Article 24 → Protects children from prohibited forms of hazardous employment
These provisions work together to promote children’s education, development and welfare.
Article 24 and Article 21A
The relationship between Articles 21A and 24 is particularly important.
A child who is required to work in hazardous conditions may be deprived of the opportunity to attend school and develop properly.
Article 21A seeks to guarantee education, while Article 24 seeks to prevent children from being exposed to specified forms of exploitative labour.
Both provisions therefore support the broader constitutional objective of protecting childhood.
Article 24 and Article 23
Articles 23 and 24 are both part of the Right Against Exploitation.
However, they address different forms of exploitation.
| Basis | Article 23 | Article 24 |
|---|---|---|
| Subject | Trafficking, begar and forced labour | Employment of children in prohibited hazardous work |
| Age Requirement | No specific age requirement | Child below fourteen years |
| Persons Protected | All persons | Children below fourteen years |
| Main Objective | Prevent exploitation through forced labour and trafficking | Protect children from hazardous employment |
Article 24 and Article 39
Article 39 of the Directive Principles is particularly relevant to child protection.
Article 39(e) directs the State to ensure that the health and strength of workers, men and women, and the tender age of children are not abused.
Article 39(f) further directs the State towards protecting children from exploitation and ensuring conditions for healthy development.
Article 24 provides a directly enforceable Fundamental Right, while Article 39 provides broader constitutional guidance for State policy.
Article 24 and Human Dignity
Child labour can affect a child’s:
- Health
- Education
- Physical development
- Mental development
- Safety
- Dignity
- Future opportunities
Article 24 therefore reflects the constitutional understanding that childhood should not be subjected to hazardous exploitation.
The provision is closely connected with the broader constitutional protection of human dignity.
M.C. Mehta v. State of Tamil Nadu
In M.C. Mehta v. State of Tamil Nadu, the Supreme Court considered the problem of child labour, particularly children working in hazardous industries.
The Court addressed the need for stronger measures to protect children from hazardous employment and directed measures concerning rehabilitation and education.
The case is one of the leading authorities on child labour and the constitutional protection of children.
Bandhua Mukti Morcha v. Union of India
In Bandhua Mukti Morcha v. Union of India, the Supreme Court dealt with bonded labour and exploitative working conditions.
Although the case primarily concerned Article 23, its broader principles concerning exploitation, dignity and the protection of vulnerable persons are relevant to understanding the constitutional approach to child labour.
People’s Union for Democratic Rights v. Union of India
In People’s Union for Democratic Rights v. Union of India, the Supreme Court interpreted Article 23 broadly in relation to forced labour.
The case is relevant to Article 24 because exploitation of children may also involve forced or inadequately compensated labour.
The two provisions can therefore operate together depending upon the circumstances.
Child Labour and Education
The constitutional framework recognises that education is essential to childhood development.
Employment that prevents a child from attending school can undermine the objectives of Article 21A.
The relationship between child labour and education is therefore an important part of India’s constitutional approach to child welfare.
Child Labour and Poverty
Poverty is one of the factors that can contribute to child labour.
However, economic hardship cannot be used to justify employment prohibited by constitutional or statutory law.
The constitutional framework seeks to address child labour through a combination of:
- Education
- Labour regulation
- Social welfare
- Child protection
- Criminal and penal measures
- Rehabilitation
Hazardous Employment
The Constitution specifically prohibits employment of children below fourteen years in hazardous employment.
The determination of what constitutes hazardous work is supported by legislation and regulatory frameworks.
The concept is important because the risks associated with certain forms of work can cause long-term harm to children’s physical and mental development.
Article 24 and Private Employers
Article 24 is not limited to employment by government authorities.
The prohibition applies to the employment of children in the prohibited categories regardless of whether the employer is a private individual, private organisation or government authority.
This makes Article 24 an important protection against exploitation in the employment relationship.
Is All Child Work Prohibited?
Article 24 itself specifically prohibits employment of children below fourteen years in factories, mines and other hazardous employment.
The broader statutory framework has additional rules concerning child employment and permissible activities.
Therefore, the constitutional provision should not be inaccurately summarised as simply stating that all work by every child is prohibited under Article 24.
The applicable legislation must also be considered.
Important Cases on Article 24
| Case | Principle / Significance |
|---|---|
| M.C. Mehta v. State of Tamil Nadu | Important decision concerning child labour in hazardous industries, rehabilitation and education |
| Bandhua Mukti Morcha v. Union of India | Bonded labour, exploitation and protection of vulnerable workers |
| People’s Union for Democratic Rights v. Union of India | Broad interpretation of forced labour under Article 23 |
Important Features of Article 24
1. Fundamental Right
Article 24 is a Fundamental Right under Part III.
2. Protects Children Below Fourteen
The constitutional protection specifically applies to children below fourteen years.
3. Prohibits Factory Employment
Children below fourteen cannot be employed in factories.
4. Prohibits Employment in Mines
Children below fourteen cannot be employed in mines.
5. Covers Other Hazardous Employment
The protection extends beyond factories and mines to other hazardous employment.
6. Protects Against Exploitation
The provision seeks to prevent hazardous exploitation of children.
7. Connected With Education
Article 24 works closely with Article 21A, which guarantees elementary education for children between six and fourteen.
8. Supported by Legislation
The constitutional protection is supplemented by legislation concerning child and adolescent labour.
Common Confusions
Confusion 1: Article 24 Prohibits Every Form of Child Work
Not exactly.
Article 24 specifically prohibits employment of children below fourteen years in factories, mines and other hazardous employment.
The broader statutory framework contains additional restrictions concerning child labour.
Confusion 2: Article 24 Applies to Children Below Eighteen
No.
The constitutional text specifically refers to a child below fourteen years.
Statutory protections concerning adolescents may extend to persons between fourteen and eighteen years.
Confusion 3: Article 24 Is a Directive Principle
No.
Article 24 is a Fundamental Right contained in Part III.
Confusion 4: Article 24 and Article 21A Are the Same
No.
Article 21A provides the right to free and compulsory education for children aged six to fourteen.
Article 24 prohibits their employment in factories, mines and other hazardous employment.
Confusion 5: Article 24 Applies Only to Government Employment
No.
The prohibition can apply to private employers and other persons who employ children in the prohibited categories.
Confusion 6: Article 24 Deals With Forced Labour
Article 24 specifically deals with prohibited employment of children.
Forced labour is primarily addressed by Article 23, although the same situation may involve both provisions.
Article 24 and Fundamental Duties
Article 51A(k) requires parents or guardians to provide opportunities for education to their children or wards between six and fourteen years.
This complements Article 21A and indirectly supports the constitutional objective of keeping children within education rather than exploitative employment.
Article 24 and Directive Principles
Article 39(e) and Article 39(f) provide important constitutional guidance concerning the protection of children.
They complement Article 24 by directing the State to prevent exploitation and promote conditions necessary for the healthy development of children.
Article 24 and International Standards
India’s constitutional and statutory framework concerning child labour also operates alongside international commitments concerning child rights and labour standards.
However, for Constitutional Law examinations, the primary focus should remain on Article 24, Article 21A, Article 39 and relevant Indian legislation and case law.
Exam Relevance
Article 24 is important for:
- Constitutional Law examinations
- Judiciary examinations
- CLAT and law entrance examinations
- Child Rights
- Labour Law
- Fundamental Rights
- Right Against Exploitation
- Education Law
- Social Justice
- Human Rights
Important Cases to Remember
M.C. Mehta v. State of Tamil Nadu
Child labour, hazardous employment, rehabilitation and education
Bandhua Mukti Morcha v. Union of India
Bonded labour and exploitation
People’s Union for Democratic Rights v. Union of India
Forced labour and Article 23
Important Points to Remember
| Concept | What to Remember |
|---|---|
| Article | Article 24 |
| Part | Part III – Fundamental Rights |
| Right | Right Against Exploitation |
| Age | Below fourteen years |
| Prohibited Employment | Factory, mine or other hazardous employment |
| Article 21A | Free and compulsory education for children aged six to fourteen |
| Article 39(e) | Protection against abuse of children’s tender age |
| Article 39(f) | Protection and healthy development of children |
| Leading Case | M.C. Mehta v. State of Tamil Nadu |
| Important Legislation | Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 |
| Related Article | Article 23 – Forced labour and trafficking |
Quick Revision
- Article 24 → Prohibition of child employment in specified hazardous work
- Applies to children below fourteen years.
- Prohibits employment in a factory.
- Prohibits employment in a mine.
- Prohibits employment in other hazardous employment.
- Article 24 is a Fundamental Right.
- It forms part of the Right Against Exploitation.
- Article 21A provides free and compulsory education for children aged six to fourteen.
- Article 39(e) and 39(f) provide related constitutional protections for children.
- The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provides an important statutory framework.
- M.C. Mehta v. State of Tamil Nadu is a leading case on child labour.
- Article 24 should be distinguished from Article 23, which deals with trafficking, begar and forced labour.
Conclusion
Article 24 provides a direct constitutional safeguard against the hazardous employment of children below fourteen years. By prohibiting employment in factories, mines and other hazardous work, it seeks to protect children from conditions that can damage their health, safety, development and dignity.
The provision becomes more meaningful when read together with Article 21A, Article 39(e), Article 39(f) and legislation concerning child and adolescent labour. Together, these provisions reflect the constitutional approach of protecting childhood while ensuring access to education and preventing exploitation.
For examination purposes, remember the core rule:
Article 24 → No child below 14 years → Factory + Mine + Other Hazardous Employment
