No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.  

• Legislation: The Child labour (Prohibition and Regulation) Act, 1986, is the most significant law in this directions. 
• Prohibition: The Act prohibits employment of children below the age of 14 years of age. 
• Exceptions: But it does not prohibit their employment in any harmless or innocent work. 

Steps Taken to Combat Child Labour in India

Below are some steps, which have to be taken to combat child labour in India:

• Other legislations: Various other legislation aim at regulating and eliminating child labour; for example- Employment of Children Act, 1938; Factories Act, 1948; Mines Act, 1952; Merchant Shipping Act, 1958; Plantation Labour Act, 1951; Motor Transport Workers Act, 1951; Apprentices Act, 1961; Bidi and Cigar Workers Act, 1966 etc. 
• Child Labour Rehabilitation Welfare Fund: In 1996, the Supreme Court directed the establishment of Child Labour Rehabilitation Welfare Fund in which those employer who had committed an offence under Child Labour Laws have to deposit a fine of ₹20,000 for each child employed by them. It also issued directions for the improvement of education, health and nutrition of children. 
• Commissions for Protection of Child Rights Act, 2005: The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial for offences against children or cases related to violation of child rights. 
• Government ban: In 2006, the government banned the employment of children as domestic servants or workers in business establishments like hotels, dhabas, restaurants, shops, factories, resorts, spas, tea-shops and so on. It warned that anyone employing children below 14 years of age would be liable for prosecution and penal action. 

Child Labour (Prohibition and Regulation) Amendment Act, 2016

This was enacted by amending the Child Labour (Prohibition and Regulation) Act, 1986.

• Introduces blanket ban: The Amendment Act prohibits the employment of children below 14 years in all occupations and processes. Earlier, this prohibition was applicable to 18 occupations and 65 processes.
• Prohibits employment in hazardous processes: The Amendment Act prohibits the employment of adolescents (14 years to 18 years of age) in certain hazardous occupations and processes.
• Exceptions: It allows the child labour in “the family enterprises” and allows the child to be “an artist in the audio-visual entertainment industry”. Though it doesn’t mention the working hours and only mentions that the children may work after school hours or during vacations.
• Penal provisions: The Amendment Act also introduced more stringent punishment for the offenders:

Supreme Court Judgments on Child Labour in India

• People’s Union for Democratic Rights vs Union of India, 1982: The case was filed as a Public interest litigation by PUDR against the state as they failed to provide daily minimum wage to workers and a healthy working environment to the poor. One of the many arguments from the Petitioner’s side was that Article 24 was violated as sites engaged children below the age of 14 years in factories and mines which were hazardous for them. Here it was contended by the respondent (State) that law of Employment of Children’s Act, 1938 was not applicable in case of construction work and employment in the industry as they were not specified in the schedule of the act (as banned practices). However, this was rejected by the court and it ruled that if children are engaged in hazardous practices even though not specified, it infringes Article 24 of the Indian constitution. The court also advised the state government to ensure the inclusion of industry employment in the employment of children act, 1938. In pursuance of the above directions, the Child labour (Prohibition and Regulation) Act, 1986 was enacted. And this act prohibits the employment of children, who are below the age of 14 years in hazardous activities. 

• M.C Mehta vs State of Tamil Nadu, 1996: Sivakasi, a town in the state of Tamil Nadu was one of the worst-hit towns when it came to child labour in the country. Lawyer M.C Mehta filed a petition under Article 32 of the Indian Constitution. He contended that the employment of children in hazardous matchstick factories was morally wrong and constitutionally invalid. The case was a landmark judgment as the court took cognizance of the problem of child labour and gave a list of exhaustive guidelines which should be followed by the state. Some guidelines issued by the court were formation of a Child Labour Rehabilitation cum Welfare Fund, adult member of the family whose child is employed in hazardous activities be given a job etc. 

• Bandhua Mukti Morcha vs Union of India, 1997: Supreme Court of India, directed the State of Uttar Pradesh to eliminate the carpet industry’s use of child labor,  to issue welfare directives prohibiting child labor under the age of 14 and to provide children an access to education and health facilities in an effort to abolish child labor.

• Bachpan Bachao Andolan vs Union of India & Others, 2011: A Non – governmental organization, Bachpan Bachao Andolan, submitted a petition to the Supreme Court of India to take action against the use of child performers in India’s traveling circuses. A study found that children working in these circuses were being trafficked from Nepal or taken from their homes, exploited and subjected to mental, physical, and sexual abuse. The Supreme Court gave an order to prohibit the employment of children in circuses, raid circuses employing such children, and establish rehabilitation schemes for the child victims. This case is an important victory for children’s rights in India.