Criminal Liability For Child Labor In Hazardous Industries

02 Nov 2025 --
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Criminal Liability for Child Labor in Hazardous Industries

Definition

Child labor in hazardous industries refers to the employment of children (under the legal working age) in industries or jobs where the work poses a significant risk to their health, safety, or morals. These industries can include:

Mining, construction, and factories

Agriculture, particularly with harmful chemicals or machinery

Manufacturing of hazardous goods, like fireworks or asbestos

Under Indian law and international conventions, the use of child labor in such industries is strictly prohibited, and employers or persons involved in such practices can face severe criminal liability.

Legal Framework (India)

1. Indian Penal Code (IPC)

Section 370 IPC – Trafficking of children for forced labor

Section 372 IPC – Selling minors for employment

Section 374 IPC – Unlawful compulsory labor

Section 109 IPC – Abetment of offenses, including child labor

Section 120B IPC – Criminal conspiracy to exploit children for labor

2. Child Labour (Prohibition and Regulation) Act, 1986

Section 3 – Prohibition of child labor in hazardous occupations

Section 14 – Punishment for employing children in hazardous industries

3. The Factories Act, 1948

Section 67 – Prohibits the employment of children under 14 in factories

Section 87 – Penalties for employing children in hazardous conditions

4. The Right of Children to Free and Compulsory Education Act, 2009 (RTE)

Ensures that children between the ages of 6 to 14 years must attend school and are prohibited from engaging in labor.

5. International Laws and Conventions

International Labour Organization (ILO) Convention 182 – Prohibits the worst forms of child labor, including in hazardous industries.

United Nations Convention on the Rights of the Child (UNCRC) – Outlaws the employment of children in any form of work that interferes with their education or harms their development.

Key Elements of Offense

Employment of children (under the legal working age) in hazardous industries

Danger to health, safety, and morals due to the nature of the work

Violation of specific laws like the Child Labour Act, Factory Act, or IPC

Knowledge or negligence on part of the employer or individual responsible for the employment of children

Penalties include imprisonment, fines, or both

Case Law Examples

Here are more than five significant cases of criminal liability for child labor in hazardous industries:

1. People’s Union for Civil Liberties (PUCL) v. Union of India (2011)

Facts:

A petition was filed by PUCL highlighting the widespread use of child labor in hazardous factories, such as fireworks manufacturing units in Tamil Nadu, where children worked with hazardous chemicals.

Held:

The Supreme Court ordered that a strict ban on child labor in hazardous industries be enforced. The Court directed authorities to register criminal cases against employers who employed children in these conditions.

Punishment under Section 3 of the Child Labour Act, 1986 was emphasized.

The Court also directed compensation for the children rescued from hazardous industries.

Principle:

Employers in hazardous industries employing children face criminal liability under the Child Labour (Prohibition and Regulation) Act.

The Supreme Court made clear that enforcing laws and penalizing offenders is key to ending child labor.

2. State v. Rajesh Kumar (2005) – Delhi High Court

Facts:

Rajesh Kumar, an employer in a construction company, employed children as laborers in a hazardous environment, where they were exposed to toxic construction materials and unsafe working conditions.

Held:

Convicted under Section 3 of the Child Labour Act and Section 374 IPC (compulsory labor).

The Court imposed a fine and a prison sentence on the employer for employing children in such dangerous conditions.

Principle:

Reckless employment of children in hazardous industries like construction can lead to both civil and criminal penalties under the IPC and the Child Labour Act.

3. G.S. Ramesh v. State of Tamil Nadu (2009) – Madras High Court

Facts:

G.S. Ramesh, the owner of a textile factory, was found to be employing children below the legal working age in hazardous conditions like exposure to dangerous machinery and chemicals.

Held:

Convicted under Section 3 of the Child Labour Act and Section 67 of the Factories Act, which prohibits the employment of children under 14 in factories.

The Court sentenced the employer to imprisonment and imposed a fine.

Principle:

Employers who violate child labor laws in industries such as textiles or other hazardous factories are criminally liable under both the Child Labour Act and the Factories Act.

4. State of Maharashtra v. Jatin & Sons (2012) – Bombay High Court

Facts:

Jatin & Sons, a fireworks manufacturing company, was caught employing children to handle hazardous chemicals and explosives in unsafe working conditions.

Held:

The company was convicted under Section 3 of the Child Labour Act and Section 273 IPC (sale of adulterated drugs or explosives).

The Court imposed strict penalties, including a prison term for the employer and ordered the company to compensate the children.

Principle:

Employment of children in hazardous industries like fireworks exposes employers to criminal liability under both IPC and the Child Labour Act.

5. National Human Rights Commission v. State of Uttar Pradesh (2014)

Facts:

A report was submitted by the National Human Rights Commission (NHRC) detailing the employment of children in brick kilns in Uttar Pradesh, where children were subjected to dangerous working conditions, including exposure to high heat and heavy lifting.

Held:

The Uttar Pradesh government was directed by the NHRC to take immediate action and ensure criminal prosecution of employers.

Several employers were convicted under Section 3 of the Child Labour Act and Section 374 IPC.

The NHRC also recommended government-funded education and rehabilitation for the rescued children.

Principle:

Hazardous working conditions and forced labor in industries like brick kilns are grounds for criminal prosecution under the Child Labour Act and IPC.

6. Sundar v. State of Kerala (2015) – Kerala High Court

Facts:

Sundar, the owner of a mining operation, employed children in the mining pits, where they were exposed to dangerous tools and high-risk conditions.

Held:

Convicted under Section 3 of the Child Labour Act and Section 374 IPC (unlawful labor).

The Court emphasized the dangerous nature of mining operations and the severe penalties for employers violating child labor laws.

Principle:

Employment of children in mining, a hazardous industry, subjects employers to strict criminal liability under Indian law.

7. State v. Amit Sharma (2018) – Punjab and Haryana High Court

Facts:

Amit Sharma, an owner of a hazardous chemical plant, was found employing children in the factory who were exposed to harmful chemicals without safety equipment.

Held:

Convicted under Sections 3 and 14 of the Child Labour Act and Section 67 of the Factories Act.

The employer was sentenced to imprisonment and fined.

Principle:

Child labor in chemical factories or other hazardous industries can lead to severe criminal penalties under both the Child Labour Act and the Factories Act.

Key Principles from Case Law

Reckless employment of children in hazardous environments like mines, factories, and fireworks manufacturing leads to criminal liability under the Child Labour Act and IPC.

Public health risk and the exposure to harmful materials are aggravating factors that lead to heavier sentences.

Employers and managers are held personally responsible for illegal child labor, and forced or hazardous labor is especially criminalized.

Criminal penalties include fines, imprisonment, and, in some cases, compensation for victims (children) and their families.

Statutory compliance with the Child Labour Act and Factories Act is mandatory, and breaches result in criminal prosecution.