Wednesday, August 26, 2015

CHILD LABOUR A COLOSSAL MISUSE OF HUMANITY: A HUMAN RIGHTS PERSPECTIVE

CONTENTS

ABBREVIATIONS……………………………………………………………                                    

LIST OF CASES………………………………………………………………

INTRODUCTION…………………………………………………………..1-8

CONCEPT, PROBLEMS AND CAUSES OF CHILD LABOUR……...9-36

(A) CONCEPT OF CHILD LABOUR………………………………...........9                          

1. Definition of Child Labour……………………………………………...9

2. Meaning of Child Labour……………………………………………...13

3. Rights of Children……………………………………………………..17

(B) PROBLEMS OF CHILD LABOUR……………………………………...18

    1)  Statement of the Problems………………………………………………20

    2)  World Context…………………………………………………………..23

    3)   Indian Context………………………………………………………….24

    4)   The Nature and Magnitude of Problems……………………………….25

a) Child Labour Today…………………………………………….26

b) Children in Hazardous Work…………………………………...27

c) Children in Domestic Work…………………………………….31

d) Slavery and Forced Child Labor………………………………..31

(C)  CAUSES OF CHILD LABOUR ………………………………………...32

i. Poverty………………………………………………………….32

ii. Low Income of the Bread Earner of the Family………………..33

iii. Child Labour is Cheap Commodity…………………………….33

iv. Large Families………………………………………………….34

v. Illiteracy and Ignorance of Parents……………………………..34

vi. Unemployed Parents……………………………………………35

vii. Migration to Urban Areas………………………………………36

Reasons…………………………………………………..36  

CHILD LABOUR IN INTERNATIONAL PERSPECTIVE…….37-49

I. Universal Declaration of Human Rights 1948…………………39

II. Declaration on the rights of the Child 1959……………………39

III. International Convention on the Rights of the Child 1989……..40

IV. International Labour Organization……………………………..42

V. IPEC: ILO’S International  Program for The Elimination of

Child Labour……………………………………………………43

VI. The United Nations Children’s Educational Fund (UNICEF)…44

VII. The United Nations Educational, Scientific and Cultural

Organization (UNESCO)……………………………………….44

VIII. The South Asian Association for the

Cooperation……………..44

IX. Global March against Child Labour……………………………45

    THE INDIAN LEGAL UMBRELLA………………………………...50-97

     I.  Constitutional Provisions……………………………………………….50

    II. Legislative Enactments………………………………………………….53

(a) The Children (Pleading of Labour) Act, 1933………………….53

(b) The Employment of Children Act, 1938……………………….53

(c) The Minimum Wages Act, 1948……………………………….54

(d) The Factories Act, 1948………………………………………...55

(e) The Plantation of Labour Act, 1951……………………………56

(f) The MINES Act, 1952………………………………………….57

(g) The Merchant Shipping Act, 1958……………………………..58

(h) Motor Transport Workers Act, 1961…………………………59

(i) The Beedi and Cigar Workers (Condition of Employment) Act,

1966…………………………………………………………….60

(j) Shop &Commercial Establishment Act, 1969………………….60

(k) Bonded Labour Act, 1976……………………………………...61

(l) The Child Labour (Prohibition and Regulation) Act, 1986…….61

(m) Right to Education Act 2010…………………………………...62

III. Judicial Approach…………………………………………………………63

IV. Government Policy in India……………………………………………….81

1)  The National Child Labour Policy, 1987………………………83

2)  Scheme of National Child Labour Project Revised 2003

Policy…………………………………………………………...84

3)  Central Advisory Board on Child Labour……………………..84

4)  Child Labour Technical Advisory Committee………………...85

5)  National Child Labour Projects. (NCLP)……………………...85

6)  Strategy to be adopted during The 10th Plan for Elimination of

Child Labour……………………………………………………85

7)  Measures to deal with Child Labour- Strategy for the 11th

Plan……………………………………………………………..87

 V. Steps Taken by National Human Rights Commission and Commission

      For the Rights of Children………………………………………………...94

1) Death of 12 Year old Child Worker, Naushad: Bangalore (Case No.

452/10/2000-2001)…………………………………………………..94

2) Bonded Child Labour: Andhra Pradesh (Case No. 443/2001-

02/FC)……………………………………………………………….95

3) Exploitation of Children by the Great Roman Circus in Gonda U.P.

(Case No. 7993/24/2004-2005)……………………………………...96

4) NHRC raps Karnataka Govt. on child labour in Bellary mines……..96

CONCLUSSION AND SUGGESTIONS……………………………98-107

Bibliography……………………………………………………………108-113

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Thursday, July 18, 2013

Certificate of Performing Duties During Summer Vacation 2013


To          

                The Registrar General,

                Delhi High Court,

                New Delhi.

 

Sub:- Certificate of Performing Duties During Summer Vacation 2013

Madam,

                Respectfully submitted that I have performed duties during  Summer Vacation 2013 in original Branch from 14/06/2013 to 29/06/2013, 30/06/2013(Sunday). Therefore I request kindly send a Certificate regarding duties performed during summer Vacation 2013 in District & Session Judge Tis Hazari Courts, Delhi (Central) so that Earned Leave may be credited in my Service Book.

I will be highly obliged.

Thanking You

Yours faithfully

 

 

 

Complaint Regarding Seepage in the Flat No. 301 Lodhi Road Complex


MOST URGENT

To

                The Junior Engineer (Civil)

                Type Five Quarter,

                Lodhi Road,

                New Delhi

 

Sub:-     Complaint Regarding Seepage in the Flat No. 301 Lodhi Road Complex

 

Sir,

                Respectfully submitted that I have made a  complaint No. 4915547 and Major Complaint No. 760965 lot of time but no one is coming to resolve the problem. The seepage is spreading day by day in the Kitchen, Bath Room, Toilet due to seepage in the flat no. 301 lodhi Road Complex we are suffering lot because in the Bath Room there is Electricity Wireing for High Power switch and we feel current in the wall the Iron Windows of the Bath Room. It is very dangerous to take bath in the Bath Room due to Danger of Electricity Shock this is also very danger for human life. Hence I pray kindly resolve the problem of seepage as soon as possible to avoid any mishappening due to seepage in the flat no. 301 Lodhi Raod Complex.

                I want to also draw your kind attention that several time nobody comes to my house and I received the message that your complaint has been attended. Kindly go through this matter of fake entry of attending complaints of Flat No. 301 Lodhi Road Complex and take action in this matter.

For Example

 1. CNo. 5076547 Major CNo. 773976 for miscellaneous (Civil) has been attended on 11/07/2013.

 2. Min CNo. 5076542 Maj CNo. 773975 for Miscellaneous (Civil) has been attended on 11/07/2013. 3. Min CNo. 5080849 Maj CNo. 774294 for Wiremesh broken (Civil) has been attended on 11/07/2013.  whereas My House was locked between 10:00 am to 5:00 Pm.

Thursday, July 11, 2013

DETENDTION CERTIFICATE


HIGH COURT OF DELHI AT NEW DELHI

                                                                                                                                                No. -------------

                                                                                                                                                Dat--------------

DETENDTION CERTIFICATE

 

In pursuance of order bearing no. /Admn-I/Sum.Vac./2013/20059-725, dated 21.05.2013 of Ld. District & Sessions Judge (HQ), Delhi with Regards to detention during the Summer Vacation 2013.

                This is to certify that ---------L.D.C. S/o -----------E.C. No. 1---------, posted in Original Branch, High Court of Delhi, New Delhi on diverted capacity has performed his duties on 14/06/2013 to 30/06/2013 thus accounting for 17 days during the month of June, 2013. Further, he has not availed any Medical Leave/ Casual Leave during Summer Vacation.

Hence, Earned Leave may be redited in his leave account accordingly.

To Credit Earned Leave in the Service Book


To

                The District & Session Judge

                Saket Court

 

Sub:-To Credit Earned Leave in the Service Book

 

Sir,

                Respectfully submitted that I visited accounts Branch on dated--------- for the enquiry of Total Earned Leave in my Leave account. The dealing of the service book informed me that Earned Leave for the year 2011 was not credit in my service book leave account. In this regard I want to state that I performed duties from -----/06/2011-to--/06/2011 in the court of Sh. Sanjeev Kumar ------------------------------------Tis Hazari Court and Not a single Earned Leave was credited in my Service Book for the Year 2011. Hence I kindly credit the Earned Leave for the period in which I performed duites i.e. from --/06/2011 to --/06/2011. I will be highly obliged.

                The Certificate for the ferformed duties is attached herewith.

Thanking You

Yours faithfully