22 NATIONAL HUMAN RIGHTS COMMISSION United Nations Convention on the Rights of the Child(UNCRC) Article 32 33(Child Labour) The government should protect children from: • Dangerous work. • Harmful to health, education and right to play. • Business which is unsafe and unsuited for their development (physical, mental, spiritual, moral and social). Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Gaps between UNCRC & Indian Laws (G) and Recommendations(R) 1. Constitution of India a) Article 24 34: No child below the age of 14 shall be employed to work in any factory or mine or engage in any hazardous employment. (Dangerous work) a) Article 21A -makes free and compulsory education a Fundamental Right for all Children of the age of 6-14 years. b) Article 23- Prohibition of traffic in human being and forced labour c) Article 39(e)- Principle or policy to be followed by states towards securing health and strength of workers, men and women and children of tender age are not abused Article 39(f)- Children are given an opportunity to develop in a healthy manner G11: There is no Vigilance and Monitoring Committee under Child Labour (P & A) Act for identification, rescue and rehabilitation on the lines of Bonded Labour Abolition Act. 2. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 a) An Act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in other employments. 3. The Child Labour (Prohibition and Regulation) Amendment Act, 2016) (CLPRA) a) Section 2(i) states ‘adolescents’ means a person between age 14-18 years. R11: CLPR Act should specifically provide for prevention, identification, rescue and rehabilitation of Child labour or adolescent on the lines of Bonded Labour System Abolition Act 1976 G12: There is no provision of contribution for each child rescued in CLPR Act as provided under Bonded Labour Abolition Act. R12: Contribution amount be created in CLPR Act as provided under Bonded Labour Abolition Act. G13: When a child is rescued, it may involve many legal provisions which have to be invoked, the police off cial for want of professional