STRUCTURE OF THE STUDY:CHILD LABOUR A COLOSSAL MISUSE OF HUMANITY

STRUCTURE OF THE STUDY:

The study is divided into five Chapters:

         Chapter I  Comprises of introductions, outlining the important objectives

and structure of the study. In which a brief mention of International and

National attempts regarding eradication of Child Labour and its social response

has been mentioned. This chapter also mentions about the research

methodology adopted for the purpose of this work.

Chapter II  Discusses the concept of child labour , in which various definitions

of child enacted in various laws and with the help of dictionary has been

mentioned. It also embodies the meaning of child labour in International and

National Documents along with the problems in defining its universally

acceptable definition. The Rights of the child which Acts as a cell and protects

a child from this heinous evil has been mentioned and Deals with the problems

and causes of Child Labour. The nature and magnitude of the problem has also

been mentioned after considering the International and National context. The

various causes of Child Labour viz. property, low wages of adults, large


families etc. have been mentioned, especially considering the Indian social,

political and economical structure.                                                                                  

Chapter III   Examines the relevant provisions of International Documents,

Conventions, Programme, legal provisions etc. This chapter clearly points out

the International concerns regarding the protection of child and prohibition of

child labour and attempts made in recent years has been mentioned.

Chapter IV Attempts to outline the Indian Legal Umbrella having beard on the

status of child labour and considers the provisions of the child related

legislations and role of judiciary. A detailed study of the constitutional

provisions, legislative enactments has been analyzed. The role of judiciary in

implementation of these above mentioned provisions and the suo moto

cognizance of the case by the judiciary has been dealt. This part of the chapter

also makes a humble attempt to identify the defects and loopholes in the

existing laws and indicating the awareness needed by new legislations and

Throws light upon the major Government Policies, and schemes initiated from

time to time. It inter alia deals with the National Child Labour Policy, 1987

including scheme of National Child Labour revised Policy, 2003 various

National Child Labour Project and the strategy and measures adopted during

the 10th and 11th five year plan for elimination of child labour. And                                                    

Discuses the role of the National Human Rights Commission in elimination of

child labours. This chapter also deals with the various cases in which the

commission has taken suo moto actions in this regard.

Chapter V Deals with Conclusion and suggestion.




CHILD LABOUR A COLOSSAL MISUSE OF   HUMANITY: Introduction

RESEARCH METHODOLOGY: CHILD LABOUR A COLOSSAL MISUSE OF HUMANITY

RESEARCH METHODOLOGY

The present study adopts analytical, descriptive and evaluative method to draw

conclusions and inferences. The materials for the present study have been

collected from primary as well secondary sources. The basic U.N. Document-

Declaration of the Rights of the Child 1959, the United Nation Convention on

the Right of Child 1989, Universal Declaration of Human Rights 1948, Beijing

Rules 1985, World summit for children 1990, two  optional protocols 2000 and

ILO Convention have been consulted. The present study also relies on relevant

provision of the constitution, Child Labour related laws, Government National

Policies and role of National Human Rights Commission. The study also relies

on the judgments of the Apex Court and the High Courts.




CHILD LABOUR A COLOSSAL MISUSE OF   HUMANITY: Introduction

OBJECTIVES OF THE STUDY:- CHILD LABOUR A COLOSSAL MISUSE OF HUMANITY

OBJECTIVES OF THE STUDY:

The objectives of this study:

i. To examine the human rights of child labour;

ii. To provide an in depth study of child labour;

iii. To study the child at work, keeping in view their socio-   Economic

iv. To identify the factors which compels them to accept employment or

work from an early age;

v. To observe the working conditions in which they work and the Extent of

exploitation by the employment;

vi. To provide a brief review of International and National legal

Provisions in relation to child labour;



vii. To assess the role of the Apex Court and the  High Court in the

Prohibition and Regulation of child labour;

viii. To reflect on the possible role of NHRC, NGOS and IGOS.



CHILD LABOUR A COLOSSAL MISUSE OF   HUMANITY: Introduction

MINOR ACTS SUPREME COURT RULES

MINOR ACTS SUPREME COURT RULES

1.       REGISTRATION ACT

2.       STAMPS ACT.

3.       SUIT VALUTATION ACT

4.       COURT FEE ACT

5.       SUPREME COURT RULES

SECTION 17. –Documents of which registration is compulsory

Shall be regiswtered if the property to which the documents relate is situated in state to which Act is enforced.

Ø  Registration  is not necessary if the Act dose not apply.

Ø  Instruments of gift of immovable property:-

Clasue (a),(b),(c)

Ø   Documents and instruments used interchangeably.

Section 3 of Indian Evidence Act defines documents:-

Means any matter described intended to be used.

SECTION 29 OF INDIAN PENAL CODE

All definition provide assistance

IPC Define the word documents described

Amendment of section 37 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

 20. In section 37 of the principal Act, in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:—
 “(a) refusing to refer the parties to arbitration under section 8;
 (b) granting or refusing to grant any measure under section 9;
 (c) setting aside or refusing to set aside an arbitral award under section 34.”.

-Amendment of section 37 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

-Amendment of Section 56  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 47  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of section 48  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 57   of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-THE FlFTH SCHEDULE of the Amended act of the Arbitration and Conciliation Act 1996