Article 15(3) 

Article 15(3) : Children and the Indian Constitution : The Constitution of India has conferred enabling powers on the State to make special provisions for children under this Article. It provides that, nothing in this Article shall prevent the state to make special provisions for women & children.

Women and children are most vulnerable sections of the society. Further the interests of women and children are inter-connected and they cannot be separated especially at the stage of child bearing.

Women are provided maternity leave and other relief’s for the protection of children and law made to this effect will not infringe.

Art 15(1)

Article 15(1) i.e. no discrimination on grounds of religion, race, caste, sex, Place of birth or any of them.

Article 21

Article 21 : The children are equally protected like others by the provisions of law laid down under Article 21 of the Constitution meant for the protection of life and personal liberty.

Article 21(A)

Article 21-A : Constitution 86^th amendment has added a new article, Article 21-A and has made education for all children of the age of 6 yrs to 14 yrs a fundamental right. It provides that, “the State shall provide free and compulsory education to all children of the age 6 to 14 yrs in such manner as the State may, by law, determine”.

Article 51-A(k)

Article 51-A(k) : It is a fundamental duty of every citizen who is parent or guardian to provide opportunities for education to his child, or as the case may be ward, between the age of 6 to 14 yrs.

Article 23

Article 23 : Prohibition of “Traffic in Human Beings” and other similar forms of forced forced labour & any contravention : offence punishable.

Article 24

Article 24 : Prohibits employment of children below 14 yrs of age in factories and hazardous employment.

Article 39(e)

Article 39(e) : State shall direct its policy towards securing the health and strength of workers, men, women, and the children of tender age will not be abused and that they will not be forced by economic necessity to enter avocations unsuited to their age and strength.

Article 39(f)

Article 39(f) : States that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment (नैतिक व भौतिक गरजांच्याबाबतीत उपेक्षेपासून सरंक्षण दिले जावे.)

Article 45

Article 45 : The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

M.C. Mehta v. State of TN (1991) : The SC has held that, in view of Article 39(e) & (f), the employment of children within match factories directly connected with the manufacturing process matches and fireworks cannot be allowed as it is hazardous. Children can, however, be employed in the process of manufacturing to avoid exposure to accidents.

People’s Union for Democratic Rights v. UOI (1983) : The SC held that, the construction work is hazardous employment and therefore under Article 24, no child below the age of 14 yrs can be employed in construction work even if construction industry is not specified in the schedule to the Employment of Children’s Act, 1938

M.C. Mehta v. State of TN (1997) : PIL under Article 32 Mr. M.C. Mehta contended the plight (स्तिथी) of children engaged in Shivkashi Cracker factories, which is violative of Article 24.

          The SC directed setting up of Child Labour Rehabilitation Welfare Fund and asked the offending employer to pay for each child a compensation of Rs. 20,000/- to be deposited in the fund and suggested a number of measures to rehabilitate them in the phased manner.

Dubar Goala v. UOI : The Calcutta HC has held that, although it has not been expressly mentioned in Article 23, slavery also includes “traffic in human beings. Article 23 authorises Parliament to make laws for punishing acts prohibited by this Article. In pursuance of this Article, Parliament passed “ The Immoral Traffic (Prevention) Act, 1956

Unni Krishnan v. State of AP (1993) : (Ref old Article 45 : The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years)

The SC held that, Article 45 has acquired the status of a fundamental right. The court held that, every child of the country has a right to free eduction until he completes the age of 14 years.