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Key Provisions
It is the first legally binding international
instrument, which provides in a single text universally
recognized norms and standards concerning the protection and
promotion of the rights of the child.
It is the most rapidly and widely ratified
international human rights instrument in the world. Such
unprecedented wide participation clearly demonstrates a
common political will to improve the situation of children.
UNICEF 1946
UNICEFs mission is to advocate for the protection of childrens
rights, to help meet their basic needs and to expand their
opportunities to reach their full potential. UNICEF is guided in
doing this by the provisions and principles of the Convention on
the Rights of the Child.
The United NATIONS Children's Fund (or UNICEF) was created
by the United Nations General Assembly on December 11, 1946
to provide emergency food and healthcare to children in
countries that had been devastated by World War II. In 1953,
UNICEF became a permanent part of the United Nations System
and its name was shortened from the original United Nations
International Children's Emergency Fund but it has continued to
be known by the popular acronym based on this old name.
an international Convention;
adopts this seventeenth day of June of the year one thousand
nine hundred and ninety-nine the following Convention, which
may be cited as the Worst Forms of Child Labour Convention,
1999.
Article 3 For the purposes of this Convention, the term the
worst forms of child labour comprises:
(a) all forms of slavery or practices similar to slavery, such as
the sale and trafficking of children, debt bondage and serfdom
and forced or compulsory labour, including forced or
compulsory RECRUITMENT of children for use in armed
conflict;
(b) the use, procuring or offering of a child for prostitution, for
the production of pornography or for pornographic
performances;
(c) the use, procuring or offering of a child for illicit activities, in
particular for the production and trafficking of drugs as defined
in the relevant international treaties;
(d) work which, by its nature or the circumstances in which it is
carried out, is likely to harm the health, safety or morals of
children.
Other Provisions
India has all along followed a proactive policy with respect to
the PROBLEM of child labor, and has stood for constitutional,
statutory and developmental measures to combat child labor.
Six ILO conventions relating to child labor have been ratified,
three of these as early as the first quarter of this century.
The first Act in India relating to child labor was the Enactment
of Children (Pledging of Labor) Act of February 1933.
Since then there have been nine different Indian legislations
relating to child labor. The strategy of progressive elimination of
child labor underscores India's legislative intent, and takes
cognizance of the fact that child labor is not an isolated
phenomenon that can be tackled without simultaneously taking
into ACCOUNT the socio-economic milieu that is at the root of
the problem.
This was followed by the EMPLOYMENT of Children Act in
1938. Subsequently, twelve additional legislations were passed
that progressively extended legal protection to children.
Provisions relating to child labor under various enactment such
as the Factories Act, the Mines Act, the Plantation Labor
Act etc. have concentrated on aspects such as reducing
working hours, increasing minimum wage and
prohibiting EMPLOYMENT of children in occupations and
processes detrimental to their health and development.
The Child Labor (Prohibition & Regulation) Act 1986 of
India was the culmination of efforts and ideas that emerged
from the deliberations and recommendations of various
committees on child labor. Significant among them are
the National Commission on Labour (196669), Gurupadaswamy Committee on Child Labour (1979),
and the Sanat Mehta Committee (1984).
The Child Labor (Prohibition & Regulation) Act, 1986 of
India prohibits the employment of children below the age of 14
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DPTHHIARDHP
Section 2 : Defines child as a person who has not completed
his fourteenth year of age.
Section 3. PROHIBITION OF EMPLOYMENT OF CHILDREN
IN CERTAIN OCCUPATIONS AND PROCESSES. - No child
shall be employed or permitted to work in any of the
occupations set forth in Part A of the Schedule or in any
workshop wherein any of the processes set forth in Part B of the
Schedule is carried on : Provided that nothing in this section
shall APPLY to any workshop wherein any process is carried on
by the occupier with the aid of his family or to any school
established by, or receiving assistance or recognition from,
Government
Section 5 : TECHNICAL ADVISORY COMMITTEE ON CHILD
LABOUR
The Child Labour Technical Advisory Committee (TAC) has been
set up in accordance with the provisions of Section 5 of the
Child Labour (prohibition & Regulation) Act, 1986.
7. HOURS AND PERIOD OF WORK. - (1) No child shall be
required or permitted to work in any establishment in excess of
such number of hours, as may be prescribed for such
establishment or class of establishments.
(2) The period of work on each day shall be so fixed that no
period shall exceed three hours and that no child shall work for
more than three hours before he has had an interval for rest for
at least one hour.
(3) The period of work of a child shall be so arranged that
inclusive of his interval for rest, UNDER sub-section (2), it shall
not be spread over more than six hours, including the time
spent in waiting for work on any day.
(4) No child shall be permitted or required to work BETWEEN 7
p.m. and 8 a.m.
(5) No child shall be required or permitted to work overtime.
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Title
Article /
Schedule
Fundamental Rights
13
15
III
TITLE
21A
Right to education
IV
DIRECTIVE Principl
28
30
37
16
es of STATE Policy
38
39
41
45
TEXT in force
Provision for free and compulsory education for child
IV A
Fundamental Duties
51A
IX
The Panchayats
243B
Constitution of Panchayats
243G
Eleventh Schedule
IX A
The Municipalities
243Q
Constitution of Municipalities
243W
Twelfth Schedule
244
Fifth Schedule
Sixth Schedule
17
XI
246
Relations BETWEEN
the Union and
theSTATES
SeventhSCHEDULE
List I Union List
List II State List
List III Concurrent List
XVII
Official Language
254
344
Eighth Schedule
350A
Languages
Facilities for instruction in mother-tongue at primary
Directive for development of the Hindi language
351
XXI
Temporary,
Transitional and
Special Provisions
371 E