Article 24 is a fundamental provision enshrined in Part III of the Indian Constitution, forming a part of the Right against Exploitation. The provision states that no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
The provision originated as Draft Article 18 in 1948 and was incorporated as Article 24 in the Constitution of 1950. It was created to address the pervasive problem of child exploitation in harmful industrial and mining activities. The article is directly enforceable against both the State and private employers. The Supreme Court, in the landmark case of M.C. Mehta v. State of Tamil Nadu (1997), linked the right to a labour-free childhood directly with the right to education.
Article 24 is closely connected to Article 21A, which guarantees the fundamental right to free and compulsory education for children between the ages of six and fourteen years. The primary legal framework for its implementation is the Child Labour (Prohibition and Regulation) Act, 1986.
The most significant recent change occurred with the Child Labour (Prohibition and Regulation) Amendment Act, 2016, which strengthened the law. While the constitutional text of Article 24 remains the same, the statutory law was amended to completely prohibit the employment of children (below 14 years) in all occupations, not just hazardous ones. The amendment introduced two exceptions: a child can help their family or family enterprise (if not hazardous and only after school hours or during vacations) or work as an artist in the audio-visual entertainment industry (excluding circuses). The 2016 amendment also introduced the category of 'adolescents' (14 to 18 years) and prohibited their employment in hazardous occupations and processes.