Child Labour and entertainment industry
This article is written by sharwat shahabuddin, a student of 2nd year of B.A., LL.B studying at Lovely Professional University, paghwara. In this article, child actors and many aspects of child labour are depicted, along with preventing and reducing it and many other related incidents.
Introduction
Exploitation is not a new task in the Society. This has been happening for centuries. Exploitation of man by man is not a new occurrence in the society. Sometimes children (juvenile, teenager) also become a part of it. People get their children to work in the factories and industries to earn
money and something else; even they know these tasks are very dangerous and threatening to them. The framers of the constitution are much aware about the various exploitative and discriminative practices prevailing in the society. The constitution of India in the preamble promises to secure to all its citizen justice, assures dignity, liberty and freedom of the individuals. Therefore, the article 23 and 24 protects as ‘Right against Exploitation’ and ‘prohibition of child labour. There are so many laws made by legislature to protect the children from exploitation and hazardous employment. In the society nobody cares about it .even though there are laws, there is exploitation and violation of children rights in the society.
Constitutional provisions are mentioned in Indian constitution:
1. Free education for children or interruption of their exploitation.
2. As per article 19(1) (a) they have right to know their rights.
3. Article 23 prohibited Begar and “other forms of forced labour”. “Begar” in the sense compelled to work without payment.
4. Employments of children below 14 years of age in hazardous & factories employment are must be prohibited in article 24 of the Indian constitution.
5. In article 39 (f) Modified by the Indian constitution in the 42nd amendment act, 1976. Children’s employment cannot be allowed as it is hazardous.
UN Laws
The United Nations Declarations on the Rights of the Child (1959)
– In 1959, the UN General Assembly followed the Declaration of the Rights of the Child, which addressed many vital regions which include the child’s rights to protection, education, fitness care, shelter, and precise nutrition. This announcement additionally presents for the proper of child actors and performers as well.
Case Laws judgments:
M. C. Mehta v. State of Tamil Nadu, AIR 1997 SC (Basically knows as for child labour stopping)
In hazardous industry, or any other work that children below the age of 14 years cannot be employed.
The court announced the following directions-
- Welfare fund will be set up for child labour and pay for each child a compensation of Rs.20, 000 to be deposited in the form of fund by offending employers.
- Adult members of the child’s family gets a job anywhere or in factory ensure that by the government.
- If Government can’t be able to provide job than shall deposit compensation of Rs.5000 in the form of fund for each child employment.
- The government shall deposit Rs. 25000 for the study of child up to the age of 14 years.
- Identified some priority action against industries.
- Labour of the union government would be beneficial and valuable.
- Complain file an affidavit within a month before the court.
- IPC provisions will be used in the case found employment of child labour in anywhere.
People’s Union for Democratic Rights v. Union of India, AIR 1983 SC
- With the help of article 32 poor workers directly approach in the Supreme Court.
- In article 21 includes:
- Right to a livelihood.
- “Right to live with fundamental human”.
- Section 3(3) of the Employment of Children Act should be added by every state of the government.
Social impact
Child labour can bring about intense physical, emotional and intellectual harm, or even death. It can result in slavery and sexual or monetary exploitation. And in almost each case, it cuts young child off from training and fitness care, limiting their essential rights and destroy their futures.
Suggestions
• Emotional mediation:
Prayer, counseling, rehabilitation and foster take care of kids who’re in plight situation.
• Parental assistance:
Support can comprises of criminal sources to locate lacking kids, trafficking prevention awareness, and profits producing possibilities in order that their kids are not exploited for profits.
• Human Needs:
Medical care, nutritious food, shelter, apparel and footwear for kids in instantaneously need.
Conclusion
It is the key demand in a civilized society that kids are protected. There is a particular want for appropriate provisions and guidelines to protect and hold them for careers of their respective fields. A strict criminal framework may want to exhibit the special right here to protective kids
from deterioration. The implementation is necessary. Apart from ways nicely written the regulation is, it’ll show futile until the authorities each on the Centre at country level, are devoted to implementing those rights. Child labour is a country wide unfortunate. It is a deplorable preparation that jeopardies the wellbeing and improvement of each kids and the complete nation. There are round 30 million child laborers in India. This is horrific, and it’s far beyond time to position a stop to this heinous exercise and punish people who have interaction in it.
REFRENCES
https://www.mondaq.com/india/media-entertainment-law/614290/child-actors-and-child-labour-laws
https://hrmars.com/papers_submitted/5258/Child_Performers_in_the_Entertainment_Industry_An_Analysis_from_the_Employment_Regulations_Perspective.pdf
https://indianexpress.com/article/cities/mumbai/man-gets-3-year-jail-for-sexual-abuse-of-child-actor-on-delhimumbai-flight-6218762/
https://clc.gov.in/clc/acts-rules/child-labour-prohibition-and-regulation-act-1986
Author: Sharwat Shahabuddin,
Lovely professional university, 2nd year of B.A., LL.B/law student
