TO COMEBACK FROM CHILD LABOUR: A CASE STUDY ON THE AZAD MARKET RESCUE OPERATION

Nisha Chakraborty, Student, Shyambazar Law College, Calcutta University, Kolkata

Introduction 

Child labour is one of the biggest problems in India, showing how poverty and exploitation harm the most vulnerable in society. On May 24, 2023, officials conducted a rescue operation in Azad Market, Delhi, and discovered 41 children working in toy factories under terrible conditions. These children were forced to work for long hours, often in dangerous environments, instead of going to school or enjoying their childhood. This shocking incident reveals how child labour continues to exist, even though India has laws and policies to stop it. Despite government efforts to protect children, families living in poverty and businesses looking for cheap labour keep this problem alive. The Azad Market case is an example of the challenges in erasing child labour and ensuring children live with dignity and opportunity. In this analysis, we will take a closer look at the Azad Market incident. We will discuss why child labour still happens, the role of laws in addressing this issue, and what steps need to be taken to protect children better. By understanding the situation in simple terms, we aim to shed light on how such cases can be prevented in the future. 

Background of the Case

Azad Market in North Delhi is a busy area full of small factories and shops. However, it is also sadly known for using child labour, where children work in dangerous and unfair conditions. On May 24, 2023, the Delhi Police and Labour Department conducted a surprise raid here. What they found was heartbreaking—41 children, most of them under 14 years old, working in 12 toy factories. These children were forced to work for long hours, earning very little money. The working conditions were unsafe, with harmful chemicals and dangerous machines around them. Instead of being in school or playing, they were trapped in a life of labour. The factory owners broke important Indian labour laws, especially the Child Labour (Prohibition and Regulation) Act, 1986, which clearly says that children under 14 cannot work in dangerous jobs. This case shows how some businesses take advantage of children, while poverty and lack of education push families to send their kids to work. It’s a harsh reminder of the challenges we face in protecting children from such exploitation.

Laws Broken in the Azad Market Case

The Azad Market case showed how several important laws meant to protect children were ignored. These laws are designed to keep children safe, ensure they go to school, and stop them from being exploited in dangerous jobs.

1. Child Labour (Prohibition and Regulation) Act, 1986: This law bans children under 14 from working in dangerous jobs and sets rules for their work in non-dangerous jobs. In Azad Market, children were working in unsafe toy factories with harmful chemicals and unsafe machines, which clearly broke this law.
2. Juvenile Justice (Care and Protection of Children) Act, 2015: This law says children working in bad conditions need to be rescued, protected, and cared for. The children found in the factories were in serious danger and had to be rescued under this law.

3. Article 21 of the Constitution: This part of the Constitution gives everyone the right to live with dignity. The children in Azad Market were forced to work in terrible conditions, which took away their dignity and safety.

4. Article 21A of the Constitution: This guarantees free education for children aged 6 to 14. The children in these factories were not in school, which is their basic right, and this was a clear violation of the law.

5. Article 24 of the Constitution: This law bans children under 14 from working in dangerous industries. The factories in Azad Market were dangerous, and employing children there broke this rule.

6. Right of Children to Free and Compulsory Education Act, 2009: This law makes it compulsory for children between 6 and 14 years to attend school. Instead of going to school, these children were forced to work, breaking this law too.

These laws are meant to protect children, but in this case, they were ignored. The Azad Market incident is a reminder of how important it is to enforce these rules and protect children from being exploited.

Situation Prior to the Year 2023

Before the rescue operation in Azad Market in 2023, child labour was a widespread problem in India, particularly in small factories like those in Azad Market. This section looks at the reasons why child labour continued to exist and the challenges faced by children and families in these situations.

1. Child Labor in Small Factories: Child labour was common in informal sectors, like toy manufacturing, where there were no strict rules to stop it. Small factories often used children because they could pay them less and avoid the costs of hiring adults. In places like Azad Market, children were made to work with harmful chemicals and unsafe machines, putting their health and safety at risk.
2. Poverty and Family Struggles: Many families in India, especially in low-income areas, face difficult living conditions. Parents often struggle to earn enough money to provide for their families, which leads them to send their children to work. In Azad Market, families likely felt they had no choice but to let their children work in factories, hoping to earn more money. This cycle of poverty keeps children from getting an education and forces them into labour at a young age.
3. Weak Enforcement of Child Labor Laws: While India has laws to stop child labour, these laws were not always properly enforced. In informal sectors like the toy factories of Azad Market, employers often ignored the rules because there was little monitoring. Government inspections were not frequent enough, and penalties for breaking the laws were rarely enforced. This allowed child labour to continue with little fear of getting caught.
4. Lack of Education and Awareness: Many children in low-income families did not have access to good education. Schools were often far away or too expensive, and even when schools were available, many families didn’t see education as a priority because they needed their children to work. In Azad Market, children were not attending school and were forced into dangerous work instead. Many families didn’t know about their children’s rights or the importance of education, so they kept sending them to work.

A Collaborative Effort for Change

On May 24, 2023, a surprise raid conducted by the Delhi Police and the Labour Department revealed 41 children, mostly under 14 years old, working in unsafe conditions at toy factories in Azad Market, North Delhi. These children were exposed to harmful chemicals and operated dangerous machinery, putting their health and safety at risk. The authorities acted quickly to rescue the children and move them to rehabilitation centers where they received medical care, emotional support, and education. This intervention aimed to protect the children and help them recover from the exploitative conditions they had been living in.

Following the rescue, legal action was taken against the factory owners who had violated several child labour laws, particularly the Child Labour (Prohibition and Regulation) Act, 1986. This law prohibits the employment of children under 14 in hazardous work environments. However, such laws are often ignored in informal sectors like the toy factories in Azad Market, where the enforcement of regulations is weak. The factory owners were held accountable, but such cases are often slow to be prosecuted, highlighting the gap between the existence of laws and their effective implementation.

NGOs played a crucial role in the rehabilitation of the rescued children by helping them re-enter the education system, providing vocational training, and supporting their families. The government, through the Right to Education Act, worked to ensure the children had access to free education, a fundamental right that had been denied while they were working in the factories. However, stronger enforcement of child labour laws and better collaboration between government agencies and NGOs are necessary to prevent such exploitation in the future and address the root causes of child labour, such as poverty and lack of access to education.

Conclusion

In conclusion, the Azad Market rescue operation highlighted the ongoing issue of child labour in India despite existing laws. The swift intervention by the Delhi Police and Labour Department in rescuing 41 children from hazardous work environments was crucial, but it is just the beginning of addressing the problem. NGOs and government programs, such as the Right to Education Act, are vital in offering these children opportunities for a better life by ensuring they return to school. To remove child labour, it is essential to strengthen law enforcement and raise awareness about the importance of children’s rights. A combined effort from both the government and society is needed to create a future where every child can grow, learn, and succeed without the burden of exploitation. Only through collective action can we hope to end child labour for good.