PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISMS AND CHALLENGES

PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISMS AND CHALLENGES

PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISMS AND CHALLENGES

AUTHOR – SUDHANSHU RAJ* & DR.MUDRA SINGH**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SUDHANSHU RAJ* & DR.MUDRA SINGH, PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISMS AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 415-423, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Despite India’s constitutional guarantees and legislative measures, the rights of working children continue to face significant challenges. This research paper analyses the existing mechanisms — legislative, judicial, and policy-based — aimed at protecting working children and highlights the persistent barriers hindering their effective implementation. It argues that although frameworks like the Child Labour (Prohibition and Regulation) Act, 1986 and the Right to Education Act, 2009 have contributed positively, enforcement gaps, socio-economic disparities, and cultural practices perpetuate the exploitation of working children. Through empirical data and graphical analysis, this study evaluates the effectiveness of current measures and proposes recommendations for a more integrated, rights-based approach.

Despite India’s constitutional guarantees and legislative measures, the rights of working children continue to face significant challenges. This research paper analyses the existing mechanisms — legislative, judicial, and policy-based — aimed at protecting working children and highlights the persistent barriers hindering their effective implementation. It argues that although frameworks like the Child Labour (Prohibition and Regulation) Act, 1986 and the Right to Education Act, 2009 have contributed positively, enforcement gaps, socio-economic disparities, and cultural practices perpetuate the exploitation of working children. Through empirical data and graphical analysis, this study evaluates the effectiveness of current measures and proposes recommendations for a more integrated, rights-based approach.

Further, this paper examines the evolving nature of child labour in the context of economic globalization and technological change. It critically assesses the role of international obligations, constitutional mandates, legislative interventions, and policy initiatives in India. By drawing on case studies and field data, it highlights the multifaceted dimensions of child labour — including bonded labour, domestic work, and hazardous occupations — and argues for a rights-based framework that addresses root causes rather than symptoms. Ultimately, this paper seeks to contribute towards creating a protective environment where every child can realize their full potential free from exploitation.