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A CRITICAL STUDY ON RIGHTS OF THE CHILDREN REGARDING EDUCATION BY ANALYSING COMPULSORY EDUCATION

Author:

Mohandass. K

V th year,BA,LL.B(Hon’s),
Saveetha School of Law,
Saveetha Institute of Medical and Technical Science (SIMATS),

Saveetha University,
Chennai-600077,

Co-author:

Mrs.K. Kaliselvi B.A., B.L., LL.M.,

Asst.professor of law,

Saveetha School of Law,

Saveetha Institute of Medical and Technical Science(SIMATS),

Saveetha University,

Chennai-600077.

ABSTRACT:

The study of the research on the social justice of the constitution regarding M.C.Mehta Vs State of Madras deals the constitutional provision regarding the prohibition of child labour or employment of children in hazardous factories.The research includes the responses of the people by questionnaire through convenient sampling method.Article 24 mandates that No child below age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.The Employment of Children Act 1938 was among the first acts to prevent child labour. The provisions of this act did not include the construction work on projects because the construction industry was not a process specified in the Schedule to the Act. But construction work & projects were held equal to hazardous occupation The study overseen the  measures taken by the government regarding the issue.The amendment of the constitution 86th enables the provision that the duty of the state to ensure free and compulsory education to children up to 14 years.It is the corresponding constitutional provision for the prohibition of child labour.The study also analyse the implementation of constitutional protection over the labour legislation.The State Government to take immediate steps for inclusion of construction work in the schedule to the Act, and to ensure that the constitutional mandate of Article 24 is not violated in any part of the country. In another case the Court has reiterated the principle that the construction work is a hazardous employment and children below 14 cannot be employed in this work.Thus the government initiatives should ensure the abolition of child labour by exposing accordingly the educational growth of the children across the nation.

KEYWORDS:

Child labour, Right against exploitation, Right to education, Constitutional protection,Welfare of the children