Article 24

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.

 

Meaning

Article 24 prohibits child labour. It prohibits child labour in factories mine, any other hazardous employment. here child is the one who is below the age of 14 years.

Explanation

Article 24 prohibits child labor. The child here is the one who is below 14 years of age. The article prevent below 14 years of age child in a factory/mines/hazardous employment. Article 24 strengthens the article 39(f) (directive principles of state policy) the article 39 (f) secures 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. The employment of child act, 1938 is the first act to prevent child labor. ‘Construction work and projects were held equal to hazardous occupation’  by supreme court of India In people’s union for democratic rights v union of india (1982). In M.C Mehta v state of Tamil Nadu(1999). Supreme court directed that child should not be a employee in hazardous works, factories, and fire works.


Need and importance

India is a signatory to the convention on child labour. Problem of child labour is a critical human and economic problem. Though and desirable one account of socio-economic compulsions. On account of poverty many parents send their children to work in order to supplement their income. There is a obvious special distinction between child labour and exploitation of child labour. According to the 43rd round of National Sample Survey(1987), the number of working children was estimated to be 17 million. The present figure is estimated to be around 20 million.

It must be realised that a total ban on child labour may not be socially feasible in the socio-economic environment of the country. It is for this purpose that Article 24 puts only a partial ban on employment of child labour.

24. Prohibition of employment of children in factories, etc 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 Provided that nothing in this sub clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub clause (b) of clause ( 7 ); or such person is detained in accordance with the provisions of any law made by Parliament under sub clauses (a) and (b) of clause ( 7 )


Article 25

25. Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.


Meaning

Explanation

This article upholds the spirit of secularism. The Article 25 states that every individual is “equally entitled to freedom of conscience” and has the right “to profess, practice and propagate religion” of one’s choice. According to Article 25, the gates of Hindu religious institutions should be opened to every section of Hindus. Here the term ‘Hindus’ also includes individuals who profess Sikh, Jain or Buddhist religion. The same holds true for the term ‘Hindu religious institutions. Article 25 is not absolute. The human activists and constitutional experts opinion that the article 25 diluting the imporatance of secularism that most Indians swear by. Their criticism is that Sikhs and jains and budhists were considered only as a sections of Hindu and not as an independent.


Need and importance

It is the most misinterpreted article of Indian constitution. Even though it guarantees the freedom to follow and to propagate it yet this freedom comes with a responsibility to ensure that the public order, morality and health are not compromised in the process. The human activists and constitutional experts opinion that the article 25 diluting the imporatance of secularism that most Indians swear by. Their criticism is that Sikhs and jains and budhists were considered only as a sections of Hindu and not as an independent. India being a secular country doesn’t have any state religion. Even though in india there is hindu majority the constitution of india guarantees freedom to propagate and practice religion. 



 

 


Ramya Thoti

Ramya Thoti Creator

Law student, Human

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