Legislative lacuna and child labour abolition

Abstract

The paper upholds the legislative fallacy of allowing children to work in family establishment as compared to the factory prohibitions. The discrepancy in the definition of child in the Labour laws and the ambit of prohibition of child labour is discussed in this paper. The paper also analyses the benchmark of the age in which the child should be allowed to work under the various provisions of the different legislations and the reasons of legislative anomaly on the certification of fitness of a child. The scope of this paper is to study the various industrial legislations and critically study the provisions against child labour and thereby bring forth the enhancement or the detrimental tactics of the legislative intent in ensuring social security to the weaker section of the society.

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