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AN ANALYTICAL STUDY ON CHILD RIGHTS AND CONSTITUTION OF INDIA

Author Information
Name: Mamatha S & Girija K. S
Country: India
Publication Details
Year: 2025
Volume: Volume-10, Issue-2 (July-December)
Page Number: 114-119
DOI: https://doi.org/10.5281/zenodo.17909221
Abstract
ABSTRACT
The issue of child labor is one that poses significant challenges to the realization of human rights,
particularly in the context of the Constitution of India. Despite the efforts made by various
stakeholders to eradicate child labor in the country, it remains a prevalent issue that affects the lives of
millions of children. This paper aims to explore the theoretical aspects of child labor in the context of
human rights and the Constitution of India. The Constitution of India recognizes the right to education,
health, and protection against exploitation as fundamental human rights. However, the persistence of
child labor in various forms, such as domestic labor, bonded labor, and factory work, indicates that the
constitutional provisions have not been adequately implemented. The lack of enforcement of these
provisions has created a gap between the theory and practice of child rights in India. The theoretical
framework for addressing child labor in India is rooted in the idea of the dignity of every individual.
This concept is enshrined in the Constitution of India and recognizes that every child has the right to a
life free from exploitation and abuse. Furthermore, India has ratified several international treaties,
including the Convention on the Rights of the Child and the International Labour Organization's (ILO)
Conventions on child labor. These treaties provide a framework for combating child labor and
promoting the welfare of children. However, despite these theoretical frameworks, the practice of
child labor in India remains widespread. This can be attributed to several factors, including poverty,
lack of education, and the absence of effective enforcement mechanisms. Children from impoverished
backgrounds are often forced into labor as a means of survival, while others are lured by the prospect
of earning money. This approach should include measures to combat poverty, promote education, and
strengthen enforcement mechanisms. The government must also ensure that all children have access to
quality education and healthcare, as these are fundamental human rights. Furthermore, efforts should
be made to improve the economic conditions of families living in poverty, as this will reduce the
demand for child labor. In conclusion, the issue of child labor is a significant challenge to the
realization of human rights in India. This will require a concerted effort by all stakeholders, including
the government, civil society organizations, and the international community.
Keywords- Child Labor, Human Rights, Constitution of India, Education, Poverty, Enforcement,
Exploitation, International Labour Organization.
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