India's Child Labour Legislation: Gaps, Challenges and the Need for Change

Abstract

Child labour continues to be a vexing socio-legal issue in India, despite a complex legal and constitutional framework designed to stop it. This paper evaluates the impact of child labour laws in India, with a specific emphasis on the disconnect between policy and implementation. It examines major laws including the Child Labour (Prohibition and Regulation) Act, 1986 (amended in 2016) and constitutional provisions under Articles 21A, 23 and 24 that together seek to prevent child labour, and uphold the rights to education and dignity for children. This analysis highlights key challenges in implementation, such as weak enforcement mechanisms, coordination among regulatory bodies, socio economic pressures, and the existence of informal employment sectors where regulatory gaps exist. It also examines the role of poverty, illiteracy and societal acceptance of child labour practices in constraining the impact of legal measures. Moreover, the article assesses India's adherence to international commitments, namely International Labour Organization (ILO) conventions and the United Nations Convention on the Rights of the Child (UNCRC). Through a socio-legal analysis, the article identifies policy and judicial gaps. It contends that merely prohibiting child labour is not enough without solving the underlying issues. The paper concludes with holistic reform recommendations, which includes institutional accountability, rehabilitation, education and community awareness. Overall, the paper calls for a more holistic and child-friendly legal framework that meets the reality.