Wednesday, August 26, 2015

CHILD LABOUR A COLOSSAL MISUSE OF HUMANITY: A HUMAN RIGHTS PERSPECTIVE :-JUDICIAL DECISIONS

LIST OF CASES

   S.No.                    Name of Cases                                 Page No.

1. Bandhua Mukti Morcha vs. Union of India, AIR 1997, SC 2218.

2. Emperor vs. Gokuldas Haridas, AIR 1962, Bom. 272.

3. Gamdia vs. Emperor, AIR 1926, Bom. 572.

4. Jhunjhunwala vs. B.N. Patnik (1964) 2LLJ.551.

5. Labourers working on SalalHydro Project vs. State of J&K , AIR1984

6. Laxmikant vs.Union of India, (1984) 2 SCC 244.

7. Maharastra State Board of Secondary and Higher Secondary Education

8. M.c. Mehta State of Tamilnadu , (1993) SCC283.

9. M.C. Mehta vs.State of Tamilnadu, AIR 1997 sc 699.

10. N. Bhageerathan vs.State, 1999 Cr L J 632 ( Mad).

11. People’s Union for Democratic Rights vs. Union of India, AIR 1982

12. Rajangam, Secratory, District Beedi workers Union vs.State of

Tamilnadu (1992) 1 SCC 221.

13. Ramdham vs. King Emperor, AIR 1927, Mad. 245.

14. Rasiklal Chaganlal Mehta vs. Union of India, AIR 1982 Guj. H. C.

15. Satyavan Kottarkakkarab vs. State, AIR 1997, Ker. 133.

16. Sheela Barse vs. Secratory, Children’s Aid Society AIR 1989, SC 127

17. Rosy Jocab vs. Jacob A. Chakramakkal, (1973) SCC p.855,Para 15

18. Unni Krishnan, J.P vs. State of A.P. (1993) 4 SCC 111.

19. Mamta Kumari & Ors vs. State Of Raj. & Ors Decided on 25 August,

20. Avinash Mehrotra v. Union of India and others (2009) 6 SCC 398

21. Sanjay Kumar Agarwal vs. The State of Jharkhand & Anr Decided on

22. Court on Its Own Motion vs. Govt of Nct of Delhi  Date of Decision:

23. Ashoka Kumar Thakur v. Union of India (2008) 6 SCC 1

24. Election Commission of India v. St. Mary’s School (2008) 2 SCC 390

25. R. D. Upadhya v. State of A.P. (2007) 15 SCC 337

26. Tamil Nadu Higher Secondary Post.  vs. The State Of Tamil Nadu

Decided on on 7 November, 2007

27. Hayat Khan S/O. Mahaboob Khan v.s The Deputy Labour

Commissioner ILR 2007 KAR 2832

28. Maria Grace Rural Middle School v. The Government of Tamil Nadu

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

BIBLIOGRAPHY

(1) PRIMARY SOURCES:

- Convention  of  the Right of the Child,1989

- Declaration of  the Right of Child, 1959

- Geneva Declaration on the Right of Child,1924

- Human Rights Watch, 1996

- UN Deceleration of Human Right. 1948

- Indian Council for Child Welfare,

- International Labour Origination ILO

- The Constitution of India

- The Indian Labour Year Book (1974)

- Bonded Labour Act, 1976

- Motor Transport Workers Act,1961

- Shop & Commercial Establishment Act, 1969

- The Beedi and Cigar Workers (Condition of  Employment) Act,1966

- The  Child Labour (Prohibition and Regulation) Act, 1986

- The Children (Pledging of Labour) Act, 1933

- The Employment of Children Act, 1938

- The Factories Act, 1948

- The Merchant Shipping Act, 1958

- The Mines Act, 1952

- The Minimum Wages Act, 1948

- The Plantation Labour Act, 1951

Bibliography                                                             Page 2

(C)  SCHEMES AND PLANS:

- Census of India; 1991&2001

- Eleventh Five Years Plan (2007-2012)

- National Child Labour Project (NCLP)

- National Plan of Action, 1992

- National Policy of  Children, 1974

- Tenth Five Years Plan (2002-2007)

- The National Child Labour Policy, 1987

(II) SUBSIDIARY SOURCES:

- Agarwal, Dr. H. O., International Law & Human Right, Center Law

Publication, Allahabad, 2007.

- Barooah, Pramila P., Hand Book on Child, Concept Publishing Company,

- Bhargava, G., Child Labour, Kalpaz Publications, Delhi, 2003.

- Bhargava, P.H., The Elimination of Child Labour: Whose Responsibility;

Sage Publication, New Delhi, 2003.

- Chandra, Dr. U., Human Rights, Allahabad Law Agency Publications,

- Das, D.N., Child Labour in India, Sane Publications Delhi-5, 1996.

- Devi, L., Child Labour, Anmol Publications Pvt. Ltd., New Delhi, First

- Devi, R., Prevalence of Child Labour in India: A Secondary Data Analysis.

In Child Labour and Health: Problems & Prospects, edited by U. Naidu

and K. Kapadia.: Tata Institute of Social Sciences, Bombay, 1985.

- Goonesekere, S., Children, Law and Justice: A south Asian Perspective,

Sage Publication, New Delhi, 1998, p 141.

- Giri, V.V, Labour Problem in Indian Industries, Asia Publishing House,

Bombay, 1958, p-360.

Bibliography                                                             Page 3

- Grootaert, C., and R. Kanbur., Child Labour: An Economic Perspective.

International Labour Review 134:187-201, 1995.

- Jain, S. N., Legislation and Government Policy in Child Labour. In Child

Labour and Health: Problems & Prospects, edited by U. Naidu and K.

Kapadia, Tata Institute of Social Sciences, Bombay, 1985.

- Kapoor, Dr. S.K., Human Right & International Law, Central Law Agency,

- Kulshreshtha, J.C., Child Labour in India, Ashish Publishing House, New

- Kulshreshtha, J.C., Indian Child Labour, Uppal Publishing House, New

- Mehra-Kerpelman, K. 1996. Children at Work: How many and where?

World of Work 15:8-9.

- Metha , P.L. and Jaiswal S.S,: Child Labour and the Law---Myth and

Reality of Child Labour Welfare, Deep and Deep, Publication, New Delhi,

- Mishra, L., Child Labour in India, Oxford University Press, 2000.

- Mittal, M., Child Labour in Unorganised Sector, Anmol Publications Pvt.

Ltd., New Delhi,1994.

- Mustafa, M. and Sharma, O.; Child Labour in India: A Bitter Truth; Deep

& Deep Publications, New Delhi, 1997.

- Nangia, P., Child Labour: cause-effect syndrome, Janak Publishers, New

- Narayan, A., Child Labour Policies and Programmers: The Indian

Experience. In Combating Child Labour, edited by A. Bequele and J.

Boyden. Geneva:    International Labour Organization, 1988.

- Pasricha, R. K., Violation of Child Rights and Victimization of Child

Labour Working in Restaurants & Dhabas , New Delhi, 2007.

- Pati, R.N., Rehabilitation of Child Labours in India, Ashish Publishing

House, New Delhi, 1991.

Bibliography                                                             Page 4

- Rao, M., Law Relating to Women & Children, Eastern Book Company,

- Siddiqui, M.I., Child Labour: How to investigate; Deep & Deep

Publications, New Delhi, 2003.

- Singh, D.; Child Right’s and Social Wrongs: An analysis of Contemporary

Realities; Kanishka Publishers, 2001.

- Singh, I.S.; Child Labour, Oxford & IBH Publication; 1992.

- Subrahmanya, R.K.A., Can the Child Labour Act of 1986 Effectively

Control Child Labour? In Young Hands at Work - Child Labour in India,

edited by M. Gupta and K. Voll, Atma Ram & Sons, Delhi, 1987.

- Tripathy, S.K., Child Labour in India, Discovery Publishing House, New

- Voll, K., Against Child Labour, Mosaic Books, New Delhi, 1999.

- Weiner, M., The Child and the State in India. Princeton University Press,

- Weiner, M., The Child and the State in India: Child Labour and Education

Policy in Comparative Perspective; Oxford University Press, 1991.

-  Babu, S., Rowe B. & Saibaba A., The Law Relating to Prohibition and

Regulation of Employment of Children in India- A Critique,  Nyaya Deep

Vol.VII, 2007,pp.79-99.

- Chatterjee. S.K., Child Labour in Automobile Workshop: A Socio-Legal

Study, Nyaya Deep Vol. VIII, 2007, pp112-125.

- Jain, S.N., Child Labour, JILI, Vol. 23, pp.336-348.

- Maswood, S., Is Child Labour a Necessary Evil in India? Conflict or

Synthesis, SCJ- 02 (08), 2001; pp 62-66.

- Pandiaraj, S., Elimination of Child Labour in India: Towards a Glorious

Illusion? , IJIL, Vol. 46, January- March 2006.

- Patil, S.V., Children- Supreme Asset of Nation, (2005) 2 SCC (Jour) 55.

Bibliography                                                             Page 5

- Prakesh, S.S., Convention on Elimination of the worth forms of Child

Labour, 1999: A challenge and an Opportunity to India, SC Journal Vol.

01, 2000, pp.36-42.

- Razdan, U., Street Children: Etiology and Futurology, JILI, Vol. 38, 1996,

- Sabharwal, R.K., Child Labour- National and International Perspective, SC

Journal, Vol. 03(II), 2001, pp 47-50.

- Sharma, P., Child Labour: A Socio – Legal Study, JILI, Vol.36, 1994,

- Singh, K.J., A Peep into Judicial Response to Child Welfare Jurisprudence

in India, SC Journal, Vol.02, 2000, pp. 61-67.

- Singh, V.P., Human Rights and Child Labour, PD/January/2007, pp.1144-

(B)  NEWS PAPERS & MAGAZINES:

-  The Hindustan Times

- The Times of India

- www.cirp.org/library/ethics/UN-convention

- www.ilo.org/public/english/comp/child/standards/index.htm

www.indianembassy.org/policy/Child_Labor/National_Policy_Child_Labor

Bibliography                                                             Page 6

- www.labour.nic.in/cwl/Census1971to2001

- www.legalserviseindia.com

- www.lawcommissionofindia.nic.in/

- www.lawstudent.in/cl_legalround.15.htm

- www.manupatra.com

- labour.nic.in/cwl/ChildLabourAct.doc

- www.saarc-sec.org/

- www.un.org/Overview/rights.html

- www.unhchr.ch/html/menu3/b/25.htm

- http://en.wikipedia.org/wiki/child labour

CHILD LABOUR A COLOSSAL MISUSE OF HUMANITY: A HUMAN RIGHTS PERSPECTIVE :-FULL FORMS

ABBREVIATIONS

A. I. R. :         All India Reporter

Art.                 :          Article

CMC               :         Central Monitoring Committee

CRC                 :        Committee on the Rights of the Child

DRC                :        Declaration on the Rights of the Child

e.g.                  :         exempli gratia

H.C.                :        High Court

HR                  :        Human Rights

Ibid,Id.            :       In the Same Place

ICCPR             :      International Convention on Civil and Political Rights

ICESCR           :      International Convention on Economic Social and

        Cultural Rights

ILO                 :       International Labour Organisation

IPEC               :       International Program for the Elimination of Child Labour

IUCW            :        International Union for Child Welfare

IYR                :        International Year for the Child

J.I.L.I.            :        Journal of Indian Law Institute

NAECL          :        National Authority for Elimination of

                               Child Labour

NCLP            :         National Child Labour Projects

NGO             :         Non Governmental Organisation

NHRC           :         National Human Rights Commission

NIRD             :        National Institute of Rural Development

Abbreviations                                                          Page  2

NPAC            :        National Plan of Action for Children

PIL                 :        Public Interest Litigation

SAARC          :        South Asian Association for Regional Cooperation

S.C.                :        Supreme Court

SCC                :        Supreme Court Cases

SCCJ               :        Supreme Court Cases Journal

SCR                :        Supreme Court Reporter

Sec.               :          Section    

UDHR            :       Universal Declaration of Human Rights

UN                 :       United Nations

UNDP            :       United Nations Develop Program

UNESCO        :       United Nations Educational Scientific and Cultural

                                 Origination

UNICEF         :         United Nations Children’s Educational Fund

Vs.                 :          Versus

Viz.                :          Namely

Vol.                :          Volume

WHO              :          World Health Organisation

CHILD LABOUR CONCLUSION AND SUGGESTION

CHAPTER V

CONCLUSION AND SUGGESTION

The Nation’s Children are assets of our nation. Their nurture and solicitude are

our responsibility. Children’s programmes should fine a prominent part in our

national plans for the development of human resources so that our children

grow up to become robust citizens, physically fit, mentally alert and morally

healthy, endowed with the skill and motivations needed by society. Equal

opportunities for development would serve our large purpose of reducing

inequality and ensuring social justice. If a child is a national asset, it is the duty

of the state to look after the child with a view to ensuring full development of

But from the beginning of human society children have been exploited

mercilessly and indiscriminately. Child Labour has been the cheapest and

disciplined. Children were made to work at home and outside, in factories and

fields, in hazardous occupations, in hotels, restaurants and as domestic aids.  

Children have been working even at an early age of 6 to 8. Their working hours

have been long and their wages have been meager.

The major determinant of child labour is poverty. Even though children

are paid less than adult, whatever income they earn is of benefit to poor

families. In addition to poverty, the lack of adequate and accessible sauces of

credit forces poor parents to engage their children in the harsher form of child

labour—bonded child labour. Some parents also feel that a formal education is

not beneficial, and that children learn work skills through labour at a young

age. These views are narrow and do not take the long term developmental

benefits of education into account. Another determinant is access to education.

In some areas, education is not affordable, or is found to be inadequate. With

no other alternatives, children spend their time working.

Conclusion and Suggestions                                                Page 2

    But compulsory education may help in regard to these attitudes. The

example of Sri Lanka and Kerala show that compulsory education has worked

in those areas. There are differences between Sri Lanka Kerala and the rest of

India. What types of social welfare structures do these places have? Is there

some other reason why the labour market for held laborers is poor in these

areas? These are some questions that need to be answered before applying the

concept of compulsory education to India? Is making progress in terms of

educational policy. The Deep has been implemented only four years ago, and

sores its are not apparent at this time hopefully the future will    show that this

program has made progress towers universal education and eradicating child

labour. Child labour cannot be eliminated by focusing on determinate for

example education, or by brute enforcement of child labour laws. The

Government of India must ensure   that   the needs of poor are filled before

attacking child labour. If puberty is addressed, the need for child labour will

automatically diminish. No matter how hard India tries, child labour will

always exist until the need for in remover. The development of India as a

nation is being hampered by child labour. Children are growing up illiterate

because they have been working and not attending school. A cycle of poverty is

formed and the need for child labour is reborn after every generation. India

needs to address the situation by tackling the underlying causes of child labour

through governmental policies and the enforcement of these policies. Only then

will India succeed in the fight against child labour.  Considering the magnitude

and extent of the problem and that it is essentially a socio – economic problem

inextricably linked to poverty and illiteracy, it requires concerned efforts from

the government ant from all sections of the society to make a dent in the

problem i. e. success can be achieved only through social engineering on a

major scale combined with national economic growth because child labour is

both an economic and social problem. One of the greatest achievements of

progressive democracies in the last century is to have recognized the rightful

place of the child in the societal fabric. Both in the International forum as wells

Conclusion and Suggestions                                                Page 3

Domestic policies, positive action for the child’s welfare is evidenced by way

of various United Nations Conventions, State legislations and judicial

interpretations. The efforts towards preserving the environment and bringing

about sustainable development are aimed at giving our children what is

naturally theirs. Child-centric human    rights jurisprudence  has  come to be a

new dimension to the larger role of  low in social engineering  Starting  with

the Declaration  of the Rights  of  the  child , adopted  in 1924 by the League of

Nations that “mankind owes to the child the best it has to give”, there have

been many endeavors of the international community in protecting the interests

of the child. The Universal Declaration of Human Rights, 1948, the

International Covenant on Civil and political Rights and  the Covenant of

Economic, Social and  Cultural Rights, 1966  are the other instruments that

convey that rights of the child. The Declaration of the Rights of the Child, 1959

and the Convention on the Rights of the Child, 1989 of the United Nations

ratified by our country as well, contain legal standards necessary for granting

social. Economic and cultural rights for children’s. International program on

the Elimination of Child Labour is a global program launched by the

International Labour Organization in December 1991. India was the first

       Every child in the country as a legitimate claim and is entitled to its

share in the finance of the republic for harmonious and comprehensive

development of its personality. There is a need to enhance the share in the

budget for the development and welfare of children in their interest of the

country. As a plant needs protection nourishment and proper environment to

grow into a big fruit bearing tree, a child also needs protection, nourishment

and proper environment to grow into a useful and responsible citizen to serve

     Spending money on education of the child is not an expense on the

public exchequer but an asset in the long run. It is the best infrastructure that

could be laid for the prosperity of a nation.  About 42 million children in the

Conclusion and Suggestions                                                Page 4

age group of 6-14 do not have access to basic education. Female education,

which Palkiwala calls the priority of priorities, hampered not only by the deep-

rooted cultural prejudices but also due to lack of real concern. Initiatives like

operation blackboard, Sarva Shiksha Abhiyan and mid-day meal scheme, etc.

have been taken so that school dropout rate is curtailed. But   be must also

ensure that the policies and effort to serve the purpose must be consistent and

continuous and not momentary promise. Education of the child is inextricably

intertwined with the programs of a democracy. Democracy can succeed only

with an informant citizenry. The consequence of India clearly states that child

labour is wrong and the measure should be taken to end it. The government of

India has implemented the child labour Act, in 1986 that out less child labour

in certain areas and sets the minimum age of employment at 14                      

Year. This Act, falls short of making all child labour illegal, and fails to meet

the ILO guideline concerning the minimum age of employment set at 15 year

of age. Through policies are in place that should potential reduce the incidence

of child labour, enforcement is a problem. If I child labour is to be eradicated in

India, the government those responsible for enforcement need to start doing

their jobs. Policies can and will be developed concerning child labour, but

without enforcement they are all useless.

     Various welfare enactments made by parliament and the appropriate

start legislatures are only teasing illusions and a promise of unreality unless

they are effectively implemented and make the right to life to the child driven

to labour a reality, meaningful and happy.

   The constitution of India articulates the concern for children as can be

seen from Articles 15(3), 24, 39(e), 39(f), 47 and 51-A (k). The provision in the

constitution provide right to the children against exploitation through

hazardous employment, on free and compulsory education and to make special

provision for them. Article 24 of the Constitution prohibits employment of the

child below the age of 14 years in any factory or mine or in any other

Conclusion and Suggestions                                                Page 5

hazardous employment, butt is a hard reality that dues   to poverty the child is

driven to be employed in a factory, mine or hazardous employment.

     The Eighty-sixth Constitutional Amendment that made education a

fundamental right for children in the age group of 6to 14 ears is a result of the

empathy shown by public-spirited individuals and institutions towards the

child. Many states are in place to make the life of the child easier and

     Pragmatic, realistic and constrictive steps and actions are required to be

taken  to enable the child belonging to poor, weaker sections, Dalits and Tribes

and minorities, enjoy their childhood  and develop their full blossomed

personality-educationally, intellectually and culturally with a spirit of inquiry,

reform and enjoyment of leisure.

It is suggested that instead of each state having its own children’s Act,

different in procedure and content from the children’s Act in other states, it

would be desirable if the central government initiates parliamentary

Legislations on the subject. So that there is complete uniformity in regard to the

various provisions relating to children in the entire territory of the country.

Despite the above, the stark reality is that in our country, children are exploited

lot. Child Labour is a big m problem and has remained intractable, even after

 Years of our having become independent despite various legislative

enactments prohibiting employment of a child in a number of occupations and

    Child Labour, therefore, must be eradicated though well –planned,

poverty-focused alleviation, development and imposition of trade actions in

employment of the children etc. Total banishment of employment of  may drive

the children and mass them up into destitution and other mischievous

environment, making them vagrant, hard criminals and porn to social risks etc.

    The role and concern of the Indian Supreme Court has been profound in

making beater the lives of numerous children who were objects of exploitation.

The Supreme court  in Bandhua Mukti Morcha vs. Union of India had to say1

Conclusion and Suggestions                                                Page 6

This  right to live with human dignity enshrined in article   21  drives its life

breath from the directive principles of State  Policy and particularly clauses (e)

and (f) of article 39 and articles 41 and 42and at and the least therefore, it must

include protection of stat the health  and strength of worker, men and woman,

and of the tender age  of children  against abuse, opportunities and  facilities for

children to develop in healthy money and in conditions of freedom  and

dignity, educational  facilities,  just and humane conditions of work and

maternity  relief. These are the minimum requirements which must exist in

order to enable a person to live with human dignity….”

     The observations made yet in another judgment in Bandhua Mukti

Morch vs. Union of India-are relevant in the context, which read ”The child of

today cannot develop to be a responsible and productive member of

tomorrow’s society unless an environment which is conducive to his social and

physical health is assured to him. Every nation, developed or developing, links

its future with the status of the child. … Neglecting the children means loss to

the society as a whole. If children are deprived of their childhood-socially,

economically, physically and mentally-the nation gets deprived of the  potential

human resources for social progress, economic empowerment and peace and

order, the social stability and good citizenry. The Founding Fathers of the

Constitution, therefore, have emphasized the importance of the role of child

and the need of its best development.”

        The Supreme Court of India in Rosy Jacob vs. Jacob A. Chakramakkal2  

observed “The children are not mere chattels: nor are they mere playthings for

their parents. Absolute right of parents over the destinies and the lives of their

children have, in the modern changed social conditions,  yielded to the

considerations of their welfare as human beings so that they may grow up in a

normal balanced manner to be useful members of the society. We should

remember and remind ourselves that it is only strong, knowledgeable and

virtuous children who can make the country strong and great.”

Conclusion and Suggestions                                                Page 7

      Children are innocent, vulnerable and dependent. Abounding children

and excluding good foundation of life for them is a crime against humanity.

Millions of children live under especially difficult circumstances-as orphans,

street children, refugees, displaced persons, as victims of war and other

manmade disasters. For the full and harmonious development of his or her

personality, a child should grow up in a family environment, in an atmosphere

of happiness, love and understanding. Adults cannot barter away the future of

the children. There must be conscious and continuous effort by all concerned to

take care of children to ensure whole some development of their personality.

  If we neglect and do not provide or meet the bare needs of food, health and

education of children, heavy price will have to be paid in the future. There is

needed to make people aware about rights of children and as to the importance

of   their growing up and responsible and productive citizens, Educational

institutions, Governments, NGOs and media can play a vital role in this regard.

Social communication needs to be stimulated at different levels and through

multiple channels across the plural society. This requires sensitive and

professional handling in a decentralization manner. Methods and mechanics are

to be designed to inform children and parents through the educational system

and other media to sensitize public functionaries and opinion-makers.

Voluntary organizations could be a powerful means of social mediation and

communication in promoting the rights of children and equally in preventing

their exploitation and suffering. In a domestic set-up, the most important need

in institutional support at the political a policy levels.

Even today, millions of children in the metropolitan slums are growing

in an environment of crime and drug abuse. Who is to care of them and what is

to be done? Ignoring children is nothing but wasting a supreme national asset.

Many of them, if properly groomed, may occupy various vital and useful

positions in all walks of life in the health, food, clothing and shelter; visualize

what our country is going to be in the future. We relies the importance and

worth of oxygen when it is withdrawn, resulting in suffocation and leading to

Conclusion and Suggestions                                                Page 8

serious consequences. Neglecting or ignoring the welfare of children and their

all-round development may create like atmosphere where oxygen is withdrawn

making the life of the country miserable over the years. We have a full-fledged

ministry of Human Resources Development and numerous agencies engaged in

child welfare work. It is true that the health, education and general well being

of children have received the focus and attention of officials and public but in

effect and practice a lot is required to be done yet. In a sense, children are

custodians of the glory and greatness of the nation. The proper growth of our

children will be a true tribute to Pandit Jawaharlal Nehru--   the builder of

modern India. Almost 65 years ago he asked: “who lives if India dies? Who

dies if India lives?” If India is to live , children are to live  Children are  to be

looked after and groomed well, not merely on the basis of Constitutional to

Statutory provisions but  also  with great human touch and concern. We have

both obligation and duty towards them. “ A New Deal for India’s Children”, as

envisaged and highlighted in the address of the distinguished speaker making

positive, concrete and constructive suggestions, is in a way great deal to the

nation itself in the ultimate analysis  when children take over the reins of this

country to govern. If children are of great concern to all those who are in a

position to guide their destiny, it will produce great results. The deeds of

people, in particular of those in power with commitment and concern for the

welfare of children well speak more eloquently than words in the days to come.

Growing old is mandatory but growing wiser is optional. Let us exercise our

option right now in favors of the latter in dealing with children. Continuous and

sincere efforts lead to success.

     The prevention of child labour is a herculean task. The problems relating

to child labour are required to be dealt with in a manifold manner

encompassing legislatives efforts, judicial approach, and the role of NGOs,

IGOs, NHRC and the Government. It has to be seen that the tender age of

children is not abuse   and that children should be given opportunities and

facilities to develop in a healthy manner and in conditions of freedom and

Conclusion and Suggestions                                                Page 9

dignity. It cannot be achieved by merely enacting laws; mere legislations

cannot be used for the massive task of social engineering. As long as the social

attitude and thinking remains deep rooted in the prevailing society and the law

enforcement agencies remain silent, justice cannot be promoted by paper

   The laws enacted for the benefit and development of child labour should

be supported and backed by public opinion. If progressive legislation lacks the

support of public opinion it just becomes the dead law. It must be asserted that

a social reform be done in consonance with social thinking, behavior and after

creation of strong public opinion, as laws could be effective only if they are

backed by a major section of society. The law can be effective if two

conditions are to be satisfied; one, supportive public opinion must be there and

two, administrative willing-nets to implement that law.

   But the biggest lacuna is that there is no universally accepted definition

of Child’ or ‘Child Labour’. Varying definitions are used by International

Organizations, Trade Unions and other interested groups. Further criteria of

basic minimum age as well as wages are also not followed strictly. The age of

working child is also not implemented in letters as well as spirits of the Acts. A

need of constant monitoring is required by appropriate authorities. Writers and

speakers don’t always specify what definition they are using, and that often

    It is necessary to enacted laws in respect of child welfare and to make

provisions for effective enforcement of it and creating public opinion in its

favor. Apart from this, public awareness through education, media and other

means, political well and commitment combined with efficient administration

supports are needed to tackle the problem of children. Special Government

machinery should be set up for eradication of the problems related to child

labour and protection of their rights so that we can give them better deal in life

by providing them better citizens of our nation. It is an undisputable fact that

the child of today will be the future of our country. As a child is not a vase to

Conclusion and Suggestions                                                Page 10

filled, but a fire to be lit, they should not be exploited by engaging them in

employment in all necessary amentias and support so that they become

responsible citizens of the nation and make the world a happier place to live in.

    Therefore all globalization, liberalization, modernization and

privatization processes must have an element of humanization so that the

human rights of children in the form of child labour can be checked and

minimized. Efforts should be made from our dwelling places, by active

participating of the family and society. This requires sensitization of people

through dissemination of child awareness programs. Here the role of NGOs,

IGOs, and other social organizations become very significant. An integrated

effort on the part of Government as well as on the other actors (e.g. social

organization, IGOs, NGOs, society as whole, etc.) is required to be carried on

in order to combat the menace of child labour.

*************************

Traffic in human being and other similar forms of forced labour are prohibited

CHAPTER- IV

                              THE INDIAN LEGAL UMBRELLA

The Vedic sages of India Prayed, “Serve  Bhavantu  Sukhumi  Serve  Santo

Niramaya ,Serve   Bhadrani  Pashyantu  Ma Kashchild Dukhbhag  Baha wet”

meanings; may prosperity prevails everywhere and may everybody be fearless,

may everyone perceive good and the evil be no more there.

This depicts that since those very old days only the concept of making

society free form fear & evil was into existence and the rights of human beings

were recognized throughout the nook and corner but one of the greatest

accomplishment of the civilization in the 20th century is the acceptance of

Human Rights as an integral part of governance for which the state has

accepted obligation and accountability.

    I.  Constitutional Provisions:

        Children are future of the country and need special protection because of

the physical and mental faculties they possess this fact made an abiding

influence on the minds of the constitution makers when they drafted the

constitution of India. Our Constitution-makers, wise and sagacious as they

were, had known that the India of their vision would not be reality if the

children of country are not nurtured and educated. For this, their exploitation

by different profit-maker for their personal gain had to be first made

      The rights against exploitation were mentioned in the draft proposed by

Dr. Ambedkar, K. M. Munshi and K.T. Shah. While Dr. Ambedkar’s draft

simply provided that subjecting a person to forced labour or involuntary

servitude would be an offence, K.M. Munshi;s draft Article  suggested for

abolition of all forms of slavery, child labour, traffic in human being and

1  The Framing of the Indian Constitution-A Study, Vol.p. 243.

The Indian Legal Umbrella                                              Page

Preamble to the Constitution is said to be the key to open the mind of the

makers and shows that general purpose for which they the several provisions in

the Constitution. According to the Preamble, State aims to secure to all its

citizens Justice, (Social, Economic, and Political). Children are also citizen of

India and the plight and pathetic conditions of children in our country is not an

unknown fact. So, State is under duty to make various provisions for the

betterment of the economic and social condition of children, may it be by

enacting various welfare legislations for their benefit or for prevention of their

exploitation or for protection of the children from the various malpractices in

the society which are hazardous not only to their health but also to their

physical and mental growth and development.

     The Constitution makers reflecting their anxiety to protect and safeguard

the interest and welfare of the children have incorporated various provisions in

Part III & IV of the Constitution dealing with the Fundamental Rights and

Directive Principle of State Policy.

Article 15 (3) provides that the state shall not be prevented from making any

special provision for women and children. It means that State is free to enact

any legislation for the welfare and development of the children. Such special

legislation cannot be challenged on the ground that they violate the principle of

Article 14. This is in reference to provisions which are to their advantage and

which give them to extra protection they need.2

    The Constitution of India, through various Articles enshrined in part II

& IV dealing with the Fundamental Rights and the Directive Principle of State

Article 21 mandates that “No person shall be deprived of this life or personal

liberty accepts according to the procedure established by law.”

2  Mamta Rao, Law Relating to Women & Children, 2005, Eastern Book Company, Lucknow.

The Indian Legal Umbrella                                              Page

Article 21-A provides, “that the State shall provide free and compulsory

education to children below the age of six to fourteen years in such manner as

the state may, by the law, determine.”

Article 23(1) of the Constitution is a charter of Human Dignity and provides

Traffic in human being and other similar forms of forced labour are prohibited

and any contravention of this provision shall be an offence punishable in

Article 24 of the Constitution prohibits employment of the children in factories

etc. so that “No child below the age of 14 years shall be employed to work in

any factory or mine or engaged in any other hazardous employment.”

 Article 39(e)  of the Constitution enjoins that, “The State shall direct its policy

towards securing the health and strength of workers, men and women and the

children of tender age will not be abused; the citizens should not be forced by

economic necessity to enter avocations unsuited to their age or strength .”

Article 39(f) enjoins that, “the State shall direct its policy towards securing that

children are given opportunities and facilities to develop in a healthy manner

and in conditions of freedom and dignity and their childhood and youth are

protected against exploitation and against moral and material abandonment.”

Article 45 mandates that, “The State shall endeavor to provide free and

compulsory education for all children until they complete the age of six years.”

Article 47 mandates that “the State shall regard the raising of the level of the

nutrition and the standard of living of its people and the improvement of the

public health as among its primary duties in particular.”

   Article 51-A (k) provides that, “who is a parent or guardian to provide

opportunities for education to his child, or as the case may be, ward between

the age of six and fourteen years.”3

    Thus the Constitution mandates that every child shall have the right to

health, well-being education and social protection without any discrimination

The Indian Legal Umbrella                                              Page

on the ground of caste, birth, color, sex, language, religion, social origin,

Child labour is a matter on which both the Union Government and State

Governments can legislate. A number of legislative initiatives have been

 (a) The Children (Pleading of Labour) Act, 1933:

    The major national legislative development in India started in year 1933

when the first Act relating to child labour “Children (Pleading of Labour) Act,

of February 1933” was enacted .This legislation under section 2 prohibits all

types of agreements of pleading the labour of child between the parents or

guardian in return for any payment or benefit received or to be received,

undertakes to allow the service of the child to be utilized in any employment.

     This legislative development was followed by the Employment of

Children Act, in 1938. Subsequently various other legislations were passed that

progressively extended legal protection to children. Provisions relating to child

labour under various enactments such as Factories Act, plantation Labour Act,

etc. have concentrated on aspects such reducing working hours, increasing

minimum wage and prohibited of children in occupations and processes

detrimental to their health and development.

     (b) The Employment of Children Act, 1938    

    This Act was enacted to prevent the evils of employment of children in  

workshop which were not covered in Factories Act.

1. The Act prohibits the employment of children below the age of 15 in

any occupation connected with the Transport of goods or mail by

railways, connected with a port authority within the limits of any port, or

connected with any work on railway premises / Section 3(3) / a child

who has completed his 14 years will be allowed to work in any

workshop where any of The processes that in the schedule is carried on /

Section 3(3).Tanning and (ix) Wood cleaning.

The Indian Legal Umbrella                                              Page

2. The (state) government after a notification in the gazette and a notice

period of three month may add any description of processes to the

3. The Act clearly states in section 3(3) that family units and training

schools of government will not come under this provision.

4. Section 3-B states that before any work set out in the schedule are

carried out      in    any workshop, the inspector must receive a notice

form the occupiers’ giving full details about name and situation of the

workshop, name of actual manager and the nature of the processes to be

carried on in workshop.

I. Certificate of age of the child workers are required from a prescribed

II. All employers employing children must maintain registers (Section3-

D), showing the name and date of birth of every child less than 17

years of age so employment or permitted to work, the work and rest

periods, the nature of worked.

III. Notice clearly sting abstracts of Sub-section 1 and 2 of section

3And section 4 are to be prominently displayed at all railway stations

IV. Violation of this Act can mean imprisonment from 3 months to one

year fine from Rs. 500 to Rs. 2000.  For someone who has been

convicted earlier the period of imprisonment can go up from 6 month

  (c) Minimum Wages Act, 1948:

    This Act, defines a Child as “a person who has not completed his 14

years of age.5” The Act under Sec. 3(3) empowers the appropriate Government

to fix the minimum rates of wages for children. Rule 24 (1) (b) of Minimum

wages Central Rules, 1950 prescribes the hours of work for the child and rule

4  Labour.nic.in/cwl/Child Labour Act.doc.

5  Sec.2 (bb) of the Act. Inserted by Act  61 of  1986.

The Indian Legal Umbrella                                              Page

25(1)(b) of the Minimum wages for the child. The Act does not expressly

prohibit the employment of children by an employer in the scheduled

employment. This anomaly should be done away in order to avoid the

     (d)   The Factories Act, 1948:

         The Act extends to the whole India except the State of Jammu and

Kashmir.6  This Act defines a child as a person who has not completed his 15

years of age.7  However the Act prohibits the employment of children below

the age of 14 years in any Factory under Sec. 2 (b) of the Act. Adolescent is a

person who has completed his 15th years of age but has not completed his 18

years8.  This is the only Legislation in India which defines an adolescent within

that age range. All other legislations which deal with the prohibition of

employment of children define an adolescent as a person who has completed

his 14th year but not completed 18 years.9

        The Act also prohibits the employment of the children to any part of the

factory for pressing cotton in which a cotton opener is at work, except where

the feed end of a cotton   opener is in a room serrated from the delivery end.110

      The state government is empowered by this Act to make rules

prescribing the maximum weights which may be lifted by adolescents and

Children.111 Besides a weekly day of rest every child worker who has worked

for a period of 240 days or more in a factory during a calendar year is entitled

during the subsequent year of leaves with wages at the rate of one day for every

15 day of work as against every 20 day in the case of an adult workers.12 Rest-

shelters, canteens, etc. are also to be provided to all workers including

9  The Law Relatin g to Prohibition and Regulation of Employment of Children in India-A critique-by

Dr. Sharath Babu, Mrs. Berndinen Rowe & Mrs. Anuradh Saibaba (NYAYA DEEP Vol.2007)

The Indian Legal Umbrella                                              Page

children.13 Section 67 provides that: “No child who has not completed his 14

years shall be required or allowed to work in any factory.

     The object of this statutory restriction over the employment of young

person is to prevent exploitation of young labourers and to provide for their

safety. This was the view expressed by Chief Justice Narsimha, Orisa High

Court in Jhunjhunwalla vs.  B.K. Patnaik14 where the occupier of glass factory

was severely punished for employing 14 adolescent, without a certificate of

fitness required under section 68 and 69 of the factory Act.

     In M.C. Mehta vs. State of Tamil Nadu15 , it was held that children can

be employed in the processes of packing but the packing should be done in an

area away from the place of manufacture to avoid exposure to accident. The

minimum wages for children labour should be fixed. The tender hands of the

young workers are more suited to shorting out the manufacture product and

proceeding it for the purpose of packing in consideration of the year special

adoptability at least 60 per cent of the prescribed minimum wage for an adult

employee in factories doing the same job should be given to them.

     At same time in Bhageerathan vs. state16  ,  it was held that if and

accused employer is unable to  prove that children employed were not below

14 years, he can be convicted for the offences of employing child labour .

(e)   The Plantation Labour Act, 1951

            The Act covers in the first in the first instance all tea, coffee, rubber,

cinchona, cordamory plantation and areas 10.117 hectares or more. In which 30

or more persons are employed17 or were employed on any day of the

preceding 12 months. Further, the State Government is, however, empowered

to extend all or any of the provisions of this Act to any land used or intended to

the used for growing and plantation even if it measures less than 10.117

15  (1991) 1 SCC 283: 1991 SCC (L&S) 299.

17  The Plantation Labour Act, 1951, Sec. 4(a).

The Indian Legal Umbrella                                              Page

hectares and the number of persons employment is less than 30 person are

employed immediately before the commencement of the Act would not be

     The Act prohibited the employment of children less than 12 years.18

An adolescent between 15-18 years cannot be employed from work unless he is

certificate fit for work by a surgeon.19  Such certificate is valid only for a

year.20 Use of false certificates of fitness is punishable by imprisonment which

may extend to one month or with fine or both.21

     This Act is, however, more comprehensive in the sense that it alone vide

sections 5, 6 and 7 and so also housing, medical and recreation facilities.

Perhaps the legislators were moved to make all these provisions in this Act

because of the complaint that plantation labour is commonly known as “Family

Labour” as against “Individual” child labour 22

     This Act also to the extent to the whole of India 23 and includes all

excavations where any operational for the purpose of searching for or obtaining

minerals is carried ought.24 This Act also define child as a person who has not

completed his 15 years. 25 This Act not only prohibits of children in any

mines, but also prohibits the presence of children in any part of a mine which is

below ground or in any open cast working in which any mining operation is

being carried on.26  Even an adolescent is not allowed to work in part of a

mine which is below ground, unless he has completed his 15 years and has a

medical certificate of fitness for work.27 A certificate is valid for 12 months.28

22  P.L. Mehta  and S.S. Jaiswal: Child Labour and the Law – Myth and Reality of child Labour

welfare, Deep and Deep Publications, New Delhi, 1996.

23  The mines Act, 1952, Section 1(2).

The Indian Legal Umbrella                                              Page

This Act also says that adolescent is allowed to be employed in any mine

except between 6 A.M. and 6 P.M. this Act also includes:

     (i)  All bearing bore holes and oil well;

    (ii)  All shafts, in or adjacent to and belonging to mine, whether in the course

  (iii)  All level and inclined planes in the course of being driven;

  (iv)  All converse or aerial railways provided for the bringing into or removal

from mine of minerals or other articles or the removal of refuse there

 (v)    All audits, planes, machinery, workers, railway, tramways, and riding;

(vi)     In or adjacent to the belonging to a mine;

(vii)   All workshops situated within the precinct of a mine and under the same

management and used solely for purpose connection with that mine or a

number of mines under the same management;

(viii) All power stations for supplying solely for the purpose of working the

mines under the same management;

(ix)  Any premises exclusively occupied by the owner of the mine and for the

time being used for depositing refused from a mine or in which any

operation in connection  with such refuse is being carried on; and

(x)  Unless exempted by the central government by notification in the official

gazette, any premises or part thereof in adjacent to and belonging to a

mine, on which any process ancillary to getting dressing or preparation

for sale of minerals 29  or of coke is carried on.

  (g)    The Merchant Shipping Act, 1951

      Employment of children- No person under 14 years if age shall be

engaged or carried to sea to work in any capacity in any ship, except:

(a)  In a school ship, or training ship, in accordance with the prescribed

(b) In a ship in which all persons employed are members of one family; or

29 The Indian Labour Year Book (1974), p.175.

The Indian Legal Umbrella                                              Page

(c) In a home trade ship of less than two hundred tons grass; or

(d) Where such person is to be employed on nominal wages and will be in the

charge of his father or other adult near male relative.30

 Section 110-113 lay down certain conditions from the employment young

person who are above 14 years but who have not completed 18 years of age

penalty can also be imposed for violating provisions.

   (h)  The Motor Transport Workers Act, 1961

      The Motor Transport Workers Act, 1961 also contains a provision

according to which employment of a child who has attained the age of 14 years

cannot be allowed. Prohibition of employment of children --- No child shall be

required or allowed to work in any capacity in any motor transport

undertaking.31 Section 22 mandates that adolescents employed as motor

transport workers are to carry tokens. “ No ad scent shall be required or

allowed to work as a motor transport worker in any motor transport

 (a)  A certificate of fitness granted with reference to him under Section 23 is in    

custody of the employers; and

 (b)   Such adolescent carries with him while him at work a token giving a

reference to such certificate.”32

 Section 23 provides for a certificate of fitness.

1. A certifying  surgeon shall, on the application of any adolescent or his

parent or  guardian  accompanied by a document signed by the employer

or any other person on his behalf that such person will be employed as a

2. Workers in a motor transport undertaking; if certified to be fit for that

work, or on the application of such employer or any other person on his

30  The Merchant Shipping Act, 1951, Sec. 109.

31 The Motor Transport Workers Act, 1961, Sec.21.

The Indian Legal Umbrella                                              Page

behalf with reference to any adolescent intending to work, examine such

person and ascertain his fitness for work as motor transport workers.

3. A certificate of fitness granted under this section shall be valid for a

period of 12 months from the date thereof but may be renewed.

4. Any fee payable for a certificate under this section shall be paid by the

employer and shall not be recoverable from the adolescent, his parent or

    (i)  The Bidi and Cigar Workers (Condition of Employment) Act, 1966:

    The Bidi and Cigar Workers (Condition of Employment) Act, 1966 is a

special enactment to regulate the conditions of work of bidi and cigar workers.

According to this Act, no child, below the age of 14 years shall be employed in

any industrial premises. Subject to the provisions of the Act children who have

completed the age of 14 years but not 18 years may be allowed to work. Under

section 25 of the Act it is provided that no young person shall be required to

work in any industrial premises except between 6 A.M.  and 7 P.M. Thus it

prohibits employment during the night.33

     (j)    Shops and Commercial Establishment Act, 1969:

      This Act applies to shops, commercial establishments, restaurants and

hotels places of amusement in notified urban areas to which the Factories Act

does not apply. Further the state government is empowered to extend the

coverage of the Act to any Establishment.

     The minimum age of employment in shops and commercial

establishment is 12 years in Bihar, Gujrat, J  and   k ,M.P., Karnataka, Orissa,

Rajasthan, Tripura, U.P., Goa, Daman and Diu and  Manipur and 14 years in

A.P.; Assam, Haryana, H.P.; Kerala, Tamil Nadu, Punjab, Delhi, Chandigarh,

Pondicherry and Meghalaya. The minimum age of employment is 15 years in

Maharastra. There is no separate shops and commercial Establishment Act in

Andman & Nicobar, Arunachal Pradesh, Dadra Nagar Haveli Lakshadweep,

33  The Beedi and Cigar Workers (Condition of Employment) Act, 1996.

The Indian Legal Umbrella                                              Page

     (k)  Bonded Labour Act, 1976

      The Bonded Labour System was abolished throughout the country with

effect from 25 October 1975, under the Bonded Labour System (Ordinance)

1975, which was later converted to the Bonded Labour system (abolition) Act,

1976. If freed unilaterally all the bonded labourers from bondage with

simultaneous liquidation of their debts. This Act is being administered by the

     Forcing a person to work under bondage is punishable with

imprisonment for term, and a fine which may extent to Rs. 2,000. A freed

bonded labourer is provided rehabilitation grant to the extent of Rs.10, 000

which is contributed both by the Central and the State Government concerned

      (l)  The Child Labour (Prohibition & Regulation) Act, 1986:

         The Child Labour (Prohibition &Regulation) Act, 1986 of India was the

culmination of efforts and ideas that emerged from the deliberations and

recommendations of various committees on child labour. The Act aims to

prohibit the entry of children into hazardous occupations and to regulate the

services of children in non-hazardous occupations.

       The Act in particular, bans the employment of children below the age of 14

years in 13 occupations and 57 processes lays down a procedure to make

addition to the schedule of banned occupations or processes; regulates the

working condition of children in occupations where they are not prohibited

from working; lays down penalties for employment of children in violation of

the provisions of this Act and other Acts which forbid the employment of

children; thereby bringing uniformity in the definition  of the “Child”  in relates

34 Mamta Rao, Law Relating to- Women & Children, Estern Book Company, Lucknow, 2005.

35  Pramila h. Bhargava, the elimination of child labour—Whose Responsibility? Sage Publication.

The Indian Legal Umbrella                                              Page

The objects of the Child Labour (Prohibition and Regulation) Act, 1986 are:

       1) Ban the employment of children, i.e. those who have not completed

their 14 year, in specified occupation and processes;

      2) lay down procedure to decide modification to the schedule of banned

       3) Regulating the condition of work of children in employments where

they are not prohibited from working;

      4)  Law down enhanced penalties for employment of children in violation

of the provision of this Act, and other Acts which forbid the employment of

     5) To obtain uniformity in the definition of “Child” given in the various

         According to this Act, the employment of children Act, 1938 is repealed.

All rules made in this Act will be in children to the provisions of the Factories

Act, 1948, the plantation labour Act, 1951 and Mines Act, 1952:

       i)  According to this Act “Child” means a person who has not completed

      ii)  Again, family unit and training center are not included in the preview of

     iii)  The Act provides for the setting up “Child Labour Technical advisory

committee” for the purpose of addition of occupations and processes to the

schedule. A notice of at least three months will be given by the central

iv) The Act clearly lies down that no child will be allowed to work for more

than six hour per day [Section 7(3)] with a rest period of one hour after three

hours of work. Once a weak he will be given a holiday.37

(m)  Right to Education Act, 2010

36  The Child Labour (Prohibition & Regulation) Act, 1986, Sec. 2(ii).

The Indian Legal Umbrella                                              Page

The importance of education as a means for emancipation of human beings and

liberating them from ignorance has for long time been accepted in national and

international legal systems.  With this in focus efforts have also been made to

educate people and thereby contribute to the development of society consistent

with the dignity of society. Internationally, the importance of right to education

received much appreciation in the UN Declaration of Human Rights, 1948 and

later instruments like International Covenant on Economic, Social, and Cultural

rights, the Convention against Discrimination in Education, 1962 etc.

Our constitutional makers, closely following this international trend also

sought to make the right to education a constitutional goal and placed it under

Part IV directive principles of state policy. Accordingly article 41, 45 and 46 of

the constitution dealt with varied aspects of right to education1.But the inability

of the constitutional provisions to achieve the object of free and compulsory

education often led to conflict with judicial policy in this respect.  An

exposition of this conflict requires a close look at the development of the

legislative and corresponding judicial approach as addressed by the Supreme

III. JUDICIAL APPROACH:

    The judiciary has almost brought a revolution in the life of child workers

in India.  Our constitution accords a dignified and crucial position to the

judiciary. It is the greatest unifying and integrating force of our country. The

Supreme Court is at the apex of the well –ordered and well –regulated judicial

structure of the country. It expounds and defines the true meaning of law. It is

the ultimate interpreter of the constitution and this puts a second brake on the

legislative and the executive the first being the political check of the people

themselves. The constitution puts on obligation on every organ of the state,

including the judiciary, to usher in a new social order in which justice-social,

economic and political and equality of status and opportunity, prevail. The final

burden of interpreting three elastic provisions it upon the courts. Courts are to

contribute to law’s growth without overstepping the boundaries of the system;

The Indian Legal Umbrella                                              Page

in other words, how to reconcile tradition and convenience or the claims of

stability and those of changes. It is the duty of the judiciary to recognize the

development of the nation and to apply established principles of the positions

which the nation in its progress from time to time assumes. The judicial organ

would otherwise separate itself from the progressive life of community and act

as a clog upon the legislative and executive departments rather than as an

interpreter. Indian judiciary is charged with the duty of holding the balance

even between a state or states and the union and between the state and the

citizen, and sometimes between the state and the individual. It has to hold the

scales even in the legal combat between the rich and the poor, the mighty and

the weak without fear or favor. The role of judiciary in India has been quite

significant in promoting the child welfare. Mr. Justice Subba Rao, the former

Chief Justice of India, rightly remarked.

“Social Justice must begin with child unless tender plant is properly

nourished; it has little chance of growing into strong and useful tree. So, first

priority in the scale of social justice should be given to the welfare of children.

        Some of Landmark decisions are:-

In Gomadia vs. Emprer38 Bombay High Court has judged the object of

section 20 of the Indian Factories Act, 1911 which prohibits the employment of

children near the cotton pressing process. In this case the court went step

further in interpreting the intention under the Act and certain valuable

directions to safeguard the interests of both child and women workers who are

working in the cotton pressing room of the factory.

 In Ramdham vs. King Emperor 39  Madras High Court prohibit child

labour in factories cannot be ignored. Jackson ; will be remembered time and

again for his lucid analysis and wide interpretation that he had applied to find

ought the intention of the legislators in provisions of the Indian Factories Act,

The Indian Legal Umbrella                                              Page

1911 and the firm decision that he has taken in the light of this analysis to

abolish the appointments of children in factories.

In Emperor vs. Gokuldas Haridas40  Bombay High Court has

considered very seriously the failure of the employer in employing children

(girls) without fitness certificate. Such step was taken by the court with an

intention to implement strictly  the revisions of section 23 (a) of the Indian

Factories Act, 1911 and also not to give the employer any scope of appointing

children contrary to the provisions of the Act and thereby to save the children,

from the vicious circle of child labour.

In Jhunjhunwala vs. V.N. Patnik 41 the Orissa High Court delivered an

appreciable judgment enforceable the provision under section 68, 69, 70, 75,

and 104 of the Factories Act, 1948 to protect the interest of the child workers.

In the said case while interpreting section 75 of the Ac, the court has widened

the power of the inspector of Factories with an intention to prohibit child

employment in hazardous work in Factories and thereby to safeguard the

In People’s Union For Democratic Rights vs. Union of India42  the

Supreme Court has emphasized that article 24 embodies a fundamental rights

which is plainly an indubitably enforceable against everyone. By reason of its

compulsive mandate, no one can employ a child below the age of 14 years in

hazardous employment like construction works.

In Rajangam, Secretary, District Beedi Workers Union vs. State of

Tamil Nadu and others43  the Apex Court of India advised that the regional

provident Fund Officer also can be helpful in implementation. The court

observed that the beedi and cigar workers (Condition of Employment) Eula,

1968 should be strictly implemented and once that is done the evil of not

41  (1964) 2 LL.J. 551 Ori. 29 CLT, 673.

The Indian Legal Umbrella                                              Page

furnishing the books to the house workers would be eradicated. The court

“As establishment of the Regional Provident Fund Commissioner with full

equipment from the purpose of implementation of the status should be located

within the area and Regional Provident Fund Commission should have

direction to enforce the Act in all aspect.”

In M.C. Mehta vs. State of Tamil Nadu and others 44 the Supreme Court

Allowed children to work in a prohibited occupation like fireworks. According

to Justice Rang Nath Mishra and Justice M.H. Kania, the provision of Article

45 in the Directive Principles of State  Policy still remained a for reach, though

according  to this provision all children up to the age of 45 years are supposed

to be in school. Economic necessity forces grown-up children to seek

employment. Children can therefore, be employed in the processes of packing

of fireworks but packing should be done in area away from the place of

manufacture to avoid exposure to accident.

In MaharashtraState Board of Secondary and Higher Secondary

Education vs. K.S. Gandhi, right to education at the secondary stage was held

to be a fundamental rights. In Unni Krishnan, J.P. vs. State of A.P.45  a

Constitutional; Bench had held that education up to the age of 14 years to be a

fundamental right; right to health has been held to be a fundamental right. The

child is equally entitled to all these fundamental rights.

In would, therefore, be incumbent upon the state to provide facilities to

opportunity as enjoyed under article 39(e) and (f) of the constitution and to

privent exploitation of their childhood due to indigence and vagrancy.  As

stated earlier, their employment – either forced or voluntary – is occasioned

due to economic necessity; exploitation of their childhood due to poverty, in

particular, the poor and the deprived sections of the society, is deter mental to

democracy and social stability, unity and integrity of the nation.

The Indian Legal Umbrella                                              Page

The supreme court of India, its judgment dated 10th December, 1996 in

writ petition (civil) Number 465/1986, has given certain directions regarding

the manner in which children working in the hazardous occupations are to be

withdrawn from work and rehabilitated, and he manner in which the working

conditions of children working in non-hazardous occupations are to be

regulated and improved. The judgment of the supreme court envisages:

Simultaneous action in all districts of the country; Survey for identification of

working children Withdrawal of children working in hazardous industries and

ensuring their education in appropriate institutions Contribution of Rs. 20,000

per child to be paid by the offending employers of children to welfare fund to

be established for this purpose; Employment to one adult member of the family

of the child so withdrawn from work, and if that is not possible a contribution

of Rs. 5000 to the welfare fund to be made by the State Government; Financial

assistance to the families of the children so withdrawn to be paid out of the

interest earnings on the corpus of Rs. 20,000-25,000 deposited in the welfare

fund as long as the child is actually sent to the schools; Regulating hours of

work for children working in non-hazardous occupations so that their working

hours do not exceed six hours per day and education for at least two hours is

ensured. The entire expenditure on education is to be borne by the concerned

employer; Planning and preparedness on the part of Central and State

Government in terms of strengthening of the existing administrative,

regulatory, or enforcement framework (covering cost of additional manpower,

training, mobility, computerization etc.) employing additional requirement of

      In Sathyavan Kottarkakkarab vs. State 47  in this case throwing light on

the problem of child exploitation Kerala High Court held, “Exploitation of

children in any form which has the tendency to exploit them either physically,

mentally or otherwise is objectionable. Any attempt in this direction should be

46  M.C. Mehta vs. State of Tamil Nadu (AIR 1997 SC 699).

The Indian Legal Umbrella                                              Page

put an end to achieve the goals enshrined by the Indian Constitution, makers,

which are reflected in various provisions of the Constitution, namely Articles

In Bandhua Mukti Morcha v. Union of India 48 the petitioner was an

organization solely devoted to the cause of bonded labourers in the country.

The petitioner made a survey of some of stone quarries in Faridabad District

near Delhi and discovered that a number of labourers from different states of

the country were working in those stone quarries under inhuman and

intolerable conditions and the majority of them were bonded labourers. A letter

was addressed to one of the judges of the apex court containing signatures and

thumb marks of the alleged bonded labourers. The petitioner alleged violations

of the provisions of the Constitution and non-implementation of the laws

relating to the labourers working in these stone quarries. It was revealed that all

these workers were bonded labourers who were not permitted to leave the job.

Most of the labourers complained that they got very little wages from the mine

lessees or owner of the stone crushers because they were required to purchase

explosives with their own moneys, the report concluded by saying that these

workmen, “presented a picture of helplessness, poverty and extreme

exploitation at the hands of moneyed people” and they were found living a

most miserable life and perhaps beasts and animals could lead more

comfortable life than these helpless labourers 49  

     The supreme court on 12 December, 2005 issued notice on a PIL

seeking ban on all forms of child labour as it neglected the fundamental right to

education guaranteed to children between 6to 14 years under the recently

inserted Article 21-A OF The Constitution. Despite the active role played by

the judiciary there seems hardly any empowerment in the working conditions

of child labour in India. In numerous cases the Government has been directed

The Indian Legal Umbrella                                              Page

to carry out the measures for the welfare of child workers but these

pronouncements seem to have made a little alert on the working condition

 The preliminary objection raised by the respondents related to the

maintainability of the petition under Article 32 of the Constitution. The court

expressed surprise over the manner in which the State Government showed its

urgency to raise this objection so as to avoid an enquiry by the court as to

whether the workman are living in bondage and under inhuman condition.

Sounding a note of caution, Justice Bhagwati observed, “The Government and

its officers must welcome Public Interest Litigation, because it would provide

them an occasion to examine whether the poor and down trodden are getting

their social and economic entitlements or whether they can continue to remain

victims of deception and exploitation at the hands of strong and powerful

sections of the community” and whether a social and economic justice has

became a meaning-full reality for them or it has remained merely a teasing

illusion and a promote of unreality, so that  in case the complaint in Public

Interest litigation is found to be , true , they can in discharge of their

constitutional obligation root out exploitation and injustice and ensure to the

weaker sections their rights and entitlements. When the court entertains public

interest litigation , it does not do so in a caviling spirit or in a confront national

mood or with a view to titling at executive authority or seeking to usurp it , but

its attempt is only to ensure observance of social and economic rescue

programme, legislative as well as executive , framed for the benefit of the

have-nots and the handicapped and to protect them against violation of their

basic human rights , which is also the constitutional obligation of the executive.

The Court is thus merely assisting in the realisation of the constitutional

objective.50   The court expressed surprise by saying that if a complaint is

made on behalf of workmen that they are held in bondage and living in a

miserable condition, it is difficult to understand how such a complaint can be

The Indian Legal Umbrella                                              Page

thrown out on the ground that it is not volatile of the fundamental right of the

In Maria Grace Rural Middle School v. The Government of Tamil

Nadu51  Hon’ble court has said that Right to education after the

children/citizen completes the age of 14 years. The right to education further

means that a citizen has a right to call upon the State to provide educational

facilities to him within the limits of its economic capacity and development.

By saying so, we are not transferring Article 41 from Part IV to Part III - we

are merely relying upon Article 41 to illustrate the content of the right to

education flowing from Article 21. We cannot believe that any State would

say that it need not provide education to its people even within the limits of its

economic capacity and development. It goes without saying that the limits of

economic capacity are, ordinarily speaking, matters within the subjective

In Hayat Khan S/O. Mahaboob Khan v.s The Deputy Labour

Commissioner,52  case the appellant -petitioner was running a motor-cycle

repair shop under the name and style 'Best Service Centre'. The respondent No.

2 inspected the shop of the appellant on 18-7-2003 and reported that the

appellant did employ a child labour in his shop and hence, he had registered a

case for contravention of Section 3 of Child Labour (Prohibition and

Regulation) Act, 1986 and issued a show cause notice to the appellant calling

upon him to show cause as to why compensation should not be recovered from

him. He had also registered a criminal case against him. Before the respondent

No. 1, the appellant had also filed an application seeking permission of the

respondent No. 1 to cross examine the respondent No. 2 with regard to his

report. That application was allowed and the appellant had filed his written

argument before the respondent No. 1.

51 Decided on 4 November, 2006 available at Indian Kanoon - http://indiankanoon.org/doc

The Indian Legal Umbrella                                              Page

That the respondent No. 1 had passed an order imposing compensation

of Rs. 20,000/- as against the appellant and further directed him to deposit the

said sum with the District Child Labour Rehabilitation and Welfare Fund vide

order dated t 31-3-2005, copy at Annexure 'G' to writ petition. Furthermore, a

recovery notice dated 30-7-2005 was also issued to the appellant by the

respondent No. 3 notifying him that a sum of Rs. 20,000/- would be recovered

by way of land revenue since the appellant did not pay the same.

The court held that the original order passed by the respondent No. 1 is

in compliance with the direction of the Hon'ble Supreme Court in the case of

M.C. Mehta v. State of Tamil Nadu. He had pointedly drawn our attention to

para (27) of the said judgment, which reads as follows: It may be that the

problem would be taken care of to some extent by insisting on compulsory

education. Indeed, Neera thinks that if there is at all a blueprint for tackling the

problem of child labour, it is education. Even if it were to be so, the child of a

poor parent would not receive education, if per force it has to earn to make the

family meet both the ends. Therefore, unless the family is assured of income

aliunde, problem of child labour would hardly get solved; and it is this vital

question which has remained almost unattended. We are, however, of the view

that till an alternative income is assured to the family, the question of abolition

of child labour would really remain a will-o-the wisp. Now, if employment of

child below that age of 14 is a constitutional indication in so far as would in

any factory or mine or engagement in other hazardous work, and if it has to be

seen that all children are given education till the age of 14 years in view of this

being a fundamental right now, and if the wish embodied in Article 39(e) that

the tender age of children is not abused and citizens are not forced by economic

necessity to enter avocation unsuited to their age, and if children are to be

given opportunities and facilities to develop in a healthy manner and childhood

is to be protected against exploitation as visualised by Article 390, it seems to

us that the least we ought to do so see to the fulfillment of legislative

intendment behind enactment of the Child Labour (Prohibition and Regulation)

The Indian Legal Umbrella                                              Page

Act, 1986. Taking guidance there from, we are of the view that the offending

employer must be asked to pay compensation for every child employed in

contravention of the provisions of the Act a sum of Rs. 20,000/-; and the

Inspectors, whose appoint is visualised by Section 17 to secure compliance

with the provisions of the Act, should do this job. The inspectors appointed

under Section 17 would see that for each child employed in violation of the

provisions of the Act, the concerned employer pays Rs. 20,000/- which sum

could be deposited in a fund to be known as Child Labour Rehabilitation-cum-

Welfare Fund The liability of the employer would not cease even if he would

desire to disengage the child presently employed It would perhaps be

appropriate to have such a fund district wise or area wise. The fund so

generated shall form corpus whose income shall be used only for the concerned

child. The quantum could be the income earned on the corpus deposited qua the

child. To generate greater income, fund can be deposited in high yielding

scheme of any nationalized bank or other public body.

Right against exploitation is guaranteed by Articles 23 and 24 of the

Const. Article 39(f) casts a duty upon the State to direct its policy towards

securing that children are given opportunities and facilities to develop in a

healthy manner and conditions of freedom and dignity and that childhood and

youth are protected against exploitation and against moral and material

abandonment. Infringement of fundamental right guaranteed by Article 24, it

seems, is a tort which is actionable per consent by the child and/or his parents

is no defence and if right to education is a fundamental right, State is equally

liable to pay compensation for not providing free education to children, upto

the age of 14 years belonging to weaker section of society. There is no denying

the fact that the laudable constitutional objectives afore-stated were sought to

be achieved by the Supreme Court in the manner indicated in M.C. Mehta's

case (AIR 1997 SC 699) (supra) but the principle of law well settled is that no

man should be condemned unheard and therefore, it follows that before, a

employer is asked to pay compensation, he must be given reasonable

The Indian Legal Umbrella                                              Page

opportunity of being heard as against the report submitted by the Inspector for

realisation of the compensation at the rate of Rs. 20.000/- per child. The

objections if any, filed by the employer on receipt of the show cause notice

must also be reckoned with analytically in a lawful and adjudicatory manner

before proceeding to realise the amount of compensation. The imperative

function of the Inspector appointed under Section 17 of the Act, is to secure

compliance with the provisions of the Act, and see that for each child employed

in antagonism of the provisions of the Act, the Employer concerned pays Rs.

20,000/-. The position of the Inspector qua the provisions encapsulated in the

Act is that of a Prosecutor and it must not be expected of him to discharge the

adjudicatory functions. It would have been ideal, if the "appropriate

government" had been proactive in framing the rules and procedure for the

enforcement of rights and liabilities arising from large scale infringement of

fundamental rights of the children below the age of 14 years as a result of

failure to perform public law duty under the constitution which is sue generis

i.e. a class in itself as recognised by the Supreme Court in its judgment in M.C.

Mehta's case, In the absence of rules, I find no other judicial alternative forum

for adjudication of any dispute arising out of Inspection report except the

authorities empowered to issue recovery certificates for realisation of the

amount of compensation vide G.O. dated 5-6-1998, namely, who are well

equipped to perform adjudicatory junction after notice to the Employer to show

cause why the recovery certificate for realisation of the amount of

compensation at the rate of Rs. 20,000/-per child be not issued. It cannot be

repudiated that Addl/Deputy/Asstt. Labour Commissioner appointed for

issuance of recovery certificates are independent authorities and being

connected with adjudication of labour disputes, it would be within their briefs

to decide any controversy such as the controversy whether the child labour is

below 14 years and whether the child labour said to have been engaged is

pursuing any employment of hazardous nature. In Seth Banarasi Das v. District

Magistrate/Collector Meerut, the Supreme Court held that proceedings for

The Indian Legal Umbrella                                              Page

recovery are like execution proceedings and Recovery Officer/Collector too

can examine all questions going to the root of liability but since the

Government have appointed Addl./Asstt. Labour Commissioner to issue

recovery certificates, propriety dictates that disputes, if any going to the root of

liability be resolved by such officer before issuing the recovery certificates.

In Tamil Nadu Higher Secondary Post.  vs. The State Of Tamil

Nadu53 State parties recognise the right of the child to education, and with a

view to achieving this right progressively and on the basis of equal opportunity,

(a) make primary education compulsory and available free to all;

(b) encourage the development of different forms of secondary education,

including general and vocational education, make them available and

accessible to every child, and take appropriate measures such as the

introduction of free education and offering financial assistance in case of need;

(c) make higher education accessible to all on the basis of capacity by every

(d) make educational and vocational information and guidance available and

(e) take measures to encourage regular attendance at schools and the reduction

State parties shall take all appropriate measures to ensure that school

discipline is administered in a manner consistent with the child's human dignity

and in conformity with the present convention. State parties shall promote and

encourage international cooperation in matters relating to education, in

particular with a view to contributing to the elimination of ignorance and

illiteracy throughout the world and facilitating access to scientific and technical

53 Decided on on 7 November, 2007 available at Indian Kanoon - http://indiankanoon.org/doc

The Indian Legal Umbrella                                              Page

knowledge and modern teaching methods in this regard. Particular account

shall be taken of the needs of developing countries.

In R. D. Upadhya v. State of A.P.54 court held that the right to

education attaches to the individual as an inalienable human rights the court

must provide education to all children in all place, even in prisons, to the

In Election Commission of India v. St. Mary’s School55 court held that

education remains essential to the life of the individual, as much as health and

dignity, and the State must provide it, comprehensively and completely, in

order to satisfy its highest duty to citizens.

In Ashoka Kumar Thakur v. Union of India56 court observed that it is

become a necessary that the Government set a realistic target which in must

fully implement Article 21-A regarding free and compulsory education for the

entire country. The Government should suitably revise budget allocations for

education. The priorities have to be set correctly. The most important

fundamental rights may be Article 21-A, which, in the larger interest of the

nation, must be fully implemented. Without Article 21- A the other

fundamental rights are effectively rendered meaningless. Education stands

above other rights, as one’s ability to enforce one’s fundamental rights flows

from one’s education. This is ultimately why the judiciary must oversee the

Government spending on free and compulsory education.  

In Court on Its Own Motion vs. Govt of Nct of Delhi57 Hon’ble the

chief justice Hon’ble Mr. Justice Manmohan held that today’s children

constitute tomorrow’s future. To ensure a bright future of our children, we have

to ensure that they are educated and not exploited. In fact, children are the most

vulnerable members of any society. They are entitled to special care and

57 Date of Decision: July 15, 2009 available at Indian Kanoon - http://indiankanoon.org/doc

The Indian Legal Umbrella                                              Page

assistance because of their physical and mental immaturity. The problem is

more complicated in developing countries like ours, where child labour exists

in relationship with illiteracy and poverty.

To eliminate the menace of child labour and to effectuate the mandate of

Articles 23, 24, 39, 45 and 47 of the Constitution, Supreme Court had given a

large number of mandatory directions in “M.C. Mehta v. State of Tamil Nadu

reported in AIR 1997 SC 699”. One of the important directions was to direct an

employer to pay a compensation of Rs.20,000/- for having employed a child

below the age of 14 years in hazardous work in contravention of Child Labour

(Prohibition & Regulation) Act, 1986 (hereinafter referred to as CLPRA,

1986). The appropriate Government was also directed to contribute a

grant/deposit of Rs.5, 000/- for each such child employed in a hazardous job.

The said sum of Rs.25,000/- was to be deposited in a fund to be known as

Child Labour Rehabilitation-cum- Welfare Fund and the income from such

corpus was to be used for rehabilitation of the rescued child.

As the constitutional mandate and statutory provisions with regard to

children were not being vigorously implemented and there was lack of

coordination between different agencies of the Government of NCT of Delhi

and other authorities, this Court, vide a detailed order dated 24th September,

2008 directed the National Commission for Protection of Child Rights, to

formulate a detailed Action Plan for strict enforcement and implementation of

CLPRA, 1986 and other related legislations. The National Commission was

directed to suggest measures regarding education, health and financial support

to the rescued children. The National Commission was also directed to suggest

measures for timely recovery and proper utilization of funds collected under

the Supreme Courts direction in the aforesaid M.C. Mehta's case.

The National Commission after holding consultation with various

stakeholders and after conducting research and survey submitted to this Court a

Delhi Action Plan for Total Abolition of Child Labour. According to the

National Commission, the child labour profile in Delhi is of two types namely,

The Indian Legal Umbrella                                              Page

out-of-school children living with their parents in Delhi and migrant children

from other states who have left their family behind.

The Action Plan for Total Abolition of Child Labour is based on two

strategies. The first strategy is an Area Based Approach' for elimination of

child labour, wherein all children in the age group of 6 to 14 years would be

covered whether they are in school or out-of-school. The National Commission

has proposed that this approach be initiated as a Pilot Project in North-West

District of Delhi. The second strategy is an approach to be adopted in the

context of migrant child labour. It involves a process of identification, rescue,

repatriation and rehabilitation of child labour. This strategy is proposed to be

implemented as a Pilot Project in South Delhi District.

To conclude, we would only quote what Dr. Dorothy I. Height, a social

activist, has said, “We have got to work to save our children and do it with full

respect for the fact that if we do not, no one else is going to do it.”

Consequently, we accept the Delhi Action Plan which provides a detailed

procedure for interim care and protection of the rescued children to be followed

by Labour Department as prepared by the National Commission with the

modifications mentioned hereinabove in paras 20 to 26  further direct all the

authorities concerned to immediately implement the same. The Government of

NCT of Delhi through the Labour Department is directed to file its First Taken

Report to this Court after six months. For this purpose, list the present batch of

matters on 13th January, 2010.

In the Sanjay Kumar Agarwal vs. The State of Jharkhand & Anr.58

case under the cognizance of the offence under section 14 of the Child Labour

(Prohibition and Regulation) Act.  It appears that an official complaint was

filed in the court of learned Chief Judicial Magistrate, Dhanbad by the Labour

Superintendent, Dhanbad alleging therein that on 25.2.2005 at about 2.20 p.m.

58 Decided on 17 July, 2009 Cr.M.P. No. 1080 of 2005 available at Indian Kanoon -

The Indian Legal Umbrella                                              Page

the Brick-kiln of the petitioner, namely, M/S. G.K.A. Itta Bhatta was inspected

by the Labour Superintendent as per the provisions of the Act and found that in

the aforesaid Brick-kiln one child labour, namely, Lalan Manjhi, was present. It

is stated that the working of a child labour in Brick-kiln is contravention of

section 3 of the Act. It is also stated that as per Rules framed under the Act, the

register and notice board was not maintained by the establishment. It is also

alleged that the Labour Inspector was also not given any notice regarding the

employment of child labour. It is stated that after the inspection, show cause

notice was given to the petitioner for removing the defect and also for

production of papers and registers for inspection, but the petitioner has not

complied the direction given in the said show cause notice and his reply is

unsatisfactory. Accordingly the present complaint was filed in the court of CJM

with request to take cognizance of the offence under section 14 of the Act.

It appears that learned CJM, Dhanbad vide order dated 4.7.2005 took

cognizance of the offence under section 14 of the Act against that the present

application has been filed. It is submitted that in response to the show cause

notice the petitioner filed a show cause, wherein he had stated that the said

child labour, namely, Lalan Manjhi, was not working in his Brick-kiln. It is

stated that the said child labour is the brother-in-law of one Lito Manjhi, who is

working in his Brick-kiln and the said Lalan Manjhi was residing with him. It

is further stated that father of Lalan Manjhi and said Lito Manjhi had sworn an

affidavit that Lalan Manjhi is residing with Lito Manjhi and not working in

brick-kiln. It is also submitted that the said Lalan Manjhi was a student of

Siksha Abhiyan Vidaylaya , Bathanbari, Nirsa. It is submitted that in proof of

aforesaid contention, a certificate issued by Siksha Mitra of the school and also

the result of the said Lalan Manjhi has been filed for perusal of this Court. It is

also submitted that from the perusal of aforesaid document, it is clear that the

said Lalan Manjhi was not working in the Brick-kiln of the petitioner and

therefore the inspection report of the concerned Labour Superintendent is

against the facts of the case. Accordingly, it is submitted that in view of the

The Indian Legal Umbrella                                              Page

documents submitted by the petitioner, no offence under section 14 of the Act

is made out. Accordingly, it is submitted that the order taking cognizance is

On the other hand, learned Additional P.P. opposed the prayer of

petitioner and submits that while exercising the jurisdiction under section 482

of the Cr.P.C., it is not open for this court to make an enquiry and take into

consideration the defence of the accused for coming to the conclusion that the

offence is made under section 14 of the Act is made out. Therefore, the court

has rightly taken cognizance against the accused petitioner which does not

require any interference by this Court. 3 Having heard the submission, I have

gone through the record of the case. From perusal of the complaint Petition, I

find that the Labour Superintendent has inspected the Brick-kiln of the

petitioner and found that a child labour, namely, Lalan Manjhi, was working

there. It further appears that as per the provisions of the Act and Rule, the

petitioner has not maintained the notice board as well as the register. It is not in

dispute that working of a child labour in a Brick-kiln is prohibited under

section 3 of the aforesaid Act. It is stated in the complaint petition that the

show cause filed by the petitioner is not satisfactory and therefore the present

complaint has been filed. After going through the complaint petition, I find that

if allegation made therein remains un-rebutted then a case under section 14 of

the Act is made out against petitioner. Submission of learned counsel for the

petitioner, to the effect that affidavit filed by the father and brother-in-law of

Lalan Manjhi and also the certificate given by Siksha Mitra of Siksha Abhiyan

Vidaylaya, Bathanbari, Nirsa show that aforesaid Lalan Manjhi was not

working in the Brick-kiln, cannot be accepted at this stage..

It has been held by their Lordships of Supreme Court in M. Narayan Das

V. State of Karnataka (2003)11SCC251 that "it is settled law that the power to

quash must be exercised very sparingly and with circumspection. It must be

exercised in the rarest of rare case. It is also settled law that the court would not

be justified in embarking upon an enquiry as to the reliability or genuineness or

The Indian Legal Umbrella                                              Page

otherwise of the allegations made in the FIR. The Court also cannot enquire

whether the allegation in the complaint are likely to be established or not".

Thus, in view of the aforesaid law laid down by their Lordships of

Supreme Court while exercising power under section 482 of the Cr.P.C., it is

not open for this Court to consider defence of accused and come to the

conclusion that no offence is made out. It is well settled that from the materials,

made available by the prosecution, if the court come to the conclusion that

prima facie offence is made out, then the court is justified in taking cognizance

of the offence. 4 As noticed above, from the facts stated in the complaint

petition, prima-facie an offence under section 14 of the Act is made out. Thus, I

am of the view that learned C.J.M., Dhanbad had rightly taken cognizance of

the offence and issued process against the petitioner. Thus in view of the

discussion made above, I find no illegality and/or irregularity in the impugned

order. In the result, I find no merit in this application, the same is accordingly

In latest case Avinash Mehrotra v. Union of India and others 59 the

court held that education remains essential to the life of the individual, as much

as health and dignity, and the State must provide it, compressively and

complicity, in order to satisfy its highest duty to citizens. Education a child

requires more than a teacher and a blackboard, or classroom and a book. The

right to education requires that a child study in a quality school, and a quality

school certainly should pose no threat to a child safety. The Constitution

likewise provides meaning to the word “education” beyond its dictionary

meaning. Parents should not be compelled to send their children to dangerous

schools, nor should children suffer compulsory education in unsound buildings.

Likewise, the State’s reciprocal duty to parents being with the provision of a

free education, and it extends to the State’s regulatory power. No matter where

a family seeks to education its children, the State must ensure that children

suffer no harm in exercising their fundamental rights and civic duty. State thus

The Indian Legal Umbrella                                              Page

bears the additional burden of regulation, ensuring that school provides safe

facilities as a part of a compulsory education.            

In Mamta Kumari & Ors vs. State Of Raj. & Ors.60 “Sarva Shiksha

Abhiyan”, S.S.A. an ambitious and flagship Project launched by the

Government of India for achievement of Universalization of Elementary

Education (UEE) within the time frame as mandated by the 86th Amendment

to the Constitution making free and compulsory education to the children of 6-

14 years of age group a fundamental right under the Constitution of India. The

said Project SSA is being implemented in partnership with the State

Governments of the Country to address the need of about 192 million children

and the programme seeks to open new schools for those habitants, who do not

have school facilities and strengthen the present school system through

provisions of rooms, toilets, drinking water maintenance, improvement in the

existing schools with inadequate teacher strength are to be provided with

additional teachers adding capacity to the existing teachers and the capacity of

teaching method is being strengthened by extensive training. The said Project

of SSA seeks to provide quality elementary education with special focus to

girls’ education and children with special needs.

But ground reality Right to education a challenge for education

department, UP needs 7000 more schools, 90,000 additional class teachers and

four lakh teacher if the state wanted all its children to study up to senior

secondary levels. Not only this, the uphill task also involves a recurring grant

of  13,000 crore per annum for five years, besides a non-recurring grant 4,000

crore. The facts came to light at the state-level consultation to understand the

implications and work out strategy to implement the Right to Education Bill in

UP. Organised jointly by an arm of department of education ‘Sarva Shiksha

Abhiyan’ and Unicef, the workshop was attended by all stake holders,

60 Decided on 25 August, 2010  available at Indian Kanoon - http://indiankanoon.org/doc

The Indian Legal Umbrella                                              Page

including government, representatives and officers of the education

         IV.    GOVERNMENT POLICY AND SCHEME IN INDIA

Under the child labour policy of 1987, the arrangement has been done to

 Save the children from exploitation, their education, medical treatment, means

of recreation and emphasis on general development programmes. Besides this,

in Five Year Plans also, the Government of India has begun many particular

projects like rehabilitation for up liftmen of child labours, informal education,

professional training supplementary nutritional diet, and health care, etc.

          Besides the Government many non-government voluntary organizations

are apt for the welfare of child labours. U.N.I.C.E.F. International agencies and

government of India help these organizations. In this direction, Mr.

Vekatchelaia Foundation Ruchika Samaj Sevak Sangh  and volunteer child

welfare organizations like Vivekananda Sikh Society have contributed for

eradication of child labour and development of children engaged in industrial,

urban and rural areas, Unfortunately, despite of these, Government and Non-

Government methods and efforts, the stigma of child labour has not been

topped. A national Authority for Elimination of Child Labour (NAECL) has

been constituted for elimination of child labour in hazardous industries by

2000.At present about 2 million child labourer  are estimated to be employed in

hazardous industries and substantial resources.

         Over 1050 child labourers employed in various industries in 12 states I

the country participated in a National Convention on Child Labour held in the

month of December 1994 in Madras. They demanded compulsory education

for all children. They said they were forced to work, as their parents were

unable to find jobs and wanted free textbooks, uniform and food so that their

parents would willingly send them to schools. Children called for a public

awareness campaign against child labour so that parents would know that

sending children to work was illegal.62

61 The Times of India, Lucknow, December 9, 2009

The Indian Legal Umbrella                                              Page

     The ministry of labour and Employment has been implementing the

NCLP though the establishment of National Child Labour Projects (NCLPS)

for the rehabilitation of child workers since 1988. Initially, the projects were

industry specific and aimed at rehabilitating children working in traditional

child labour endemic industries but it was enlarged in 1994 and included

rehabilitation of children working in hazardous occupations in child labour

     The strategy for the NCLPS includes the establishment of special

schools to provide non-formal education and pre-vocational skills training;

promoting additional income and employment generation opportunities; raising

public awareness, and conducting surveys and evaluations of child labour.

      The experience gained by the Government in running the NCLPS over

several years resulted in the continuation and expansion of the projects during

the Ninth Five-Year plan (1997/02) Around 100 NCLPS were launched across

the country to rehabilitate children working in hazardous industries such as

glass and bangles, The Central Government made a budgetary allocation of Rs.

2.5 billion (about US$57 million) for these projects during the Ninth Five-Year

plan. The Government of India has committed to expand the coverage of the

NCLPS to an additional 150 districts and increase the budgetary allocation to

over 6 billion (about US$ 131 MILLION) during the Tenth Five-Year plan.

  A number of National institutions such as the V.V. Giri National Labour

Institute and the national institute of Rural Development and some State label

institutes have played an important role in the area of training and capacity

building of Government functionaries, factory inspectors and officials do

   India child labour Act, first passed in 1986 already banned from

working in factories, mines, and other perilous jobs. However, the latest move

to stop child labour in India is a new law banning children under 14 from

62  Child Labour- Taking the Problem-by Raghvendra Singh Raghuvanshi.

The Indian Legal Umbrella                                              Page

working in homes or Restaurants. The Act now carries two more in a list of 57

professions deemed “Hazardous” for children.63

           1) The National Child Labour Policy, 1987:

         Increase attention is now being paid to strengthening the enforcement

machinery related to child labour. Soon after the enactment of the

comprehensive Child Labour (Prohibition &Regulation) Act, 1986, the

Government of India adopted a National Child Labour Policy in 1987, in

accordance with the constitutional Provisions and various legislations on Child

Labour. The idea of adopting a separate policy on child labour was not only to

place the issue on the nation’s agenda, but also to formulate a specific program

of action to initiate the process of progressive elimination of child labour. The

policy consists of three complimentary measures:

    Legal Action Plan:  This policy envisages strict enforcement of the

provisions of the Child Labour (Prohibition &Regulation) Act, 1986 and other

  Focus On General Development Programs Benefiting Children

wherever Possible:  The policy envisages the development of an extensive

system of non-formal education for working children  withdrawn from work

and increasing the provision for employment and income generating schemes

meant for their parents. A special cell - Child Labour Cell - was constituted to

encourage voluntary organizations to take up activities like non-formal

education, vocational training, and provisions of health care, nutrition and

education for working children.

  Area Specific Projects: To focus on area known to have high

concentration of child labour and to adopt a project approach for identification,

withdrawal and rehabilitation of working children.64

 2)  Scheme of National Child Labour Project Revised 2003 Policy:

63  Available at www.indianamebassy.org/policy/Child_Labour/National_Policy_Child_Labour.htm

64  Labour.nic.in/cwl/Child  Labour.htm

The Indian Legal Umbrella                                              Page

        The National Child Labour Policy was approved by the Cabinet on 14

August 1987 during the Seventh Five Year plan period. The policy was

formulated with the basic objectives of suitably rehabilitating the children

withdrawn from employment thereby reducing the incidence of child labour in

areas of known concentration of child labour. The policy consists of three

  i) Legal Action Plan- With emphasis laid do strict and effective enforcement

of legal provisions relating to child labour under various labour laws;

 ii) Focusing of General Development Programs- Utilization of various

ongoing development programs of other ministries or Department for the

benefit of child labour wherever possible;                                                                                        

iii) Project based plan of Action- Launching of projects for the welfare of

working children in areas of high concentration of child labour.65

3) Central Advisory Board on Child Labour

      The Central Advisory Board on Child Labour was constituted on March 4,

1981. The following are terms of reference of the board:

 Revised the implementation of the existing legislation administered by

the   central government.

 Suggest legislative measures as well as welfare measures for the welfare

 Review the progress of welfare measures for working children.

 Recommend the industries and areas where there must be a progressive

elimination of child labour.66

4) Child Labour Technical Advisory Committee:

      Under Section 5 of the child labour (P&R) Act, 1986, the Government of

India is empowered to constitute a child labour Technical Advisory Committee

for the purpose of addition of occupation and processes in the schedule to the

Act. The committee consists of a chairman and members not exceeding ten. The

The Indian Legal Umbrella                                              Page

committee has been reconstituted on February 5, 1996 under the chairmanship of

Director General of Indian Council of Medical Research.67

5) National Child Labour Project (NCLP)

      Under the action plan of the national policy on Child Labour, there has

been national child labour projects set up in different areas it rehabilitate child

labour. A major activity undertaken under the NCLP is the establishment of

special schools to provide no formal education, vocational training

supplementary nutrition etc.68

6) Strategy to be adopted during the 10th plan for Elimination of Child

 Focused and rain forced action to elimination child labour in the

hazardous Occupations by the end of plan period.

 Explanation of the NCLPs to additional 150 districts during the plan.

 Ensuring that the NCLPs have a focused time farm of five years with

 Linking the child labour elimination efforts with the scheme of Sarve

Shiksha Abhiyan of the MHRD an attempt to ensure that small children in

the age group of 5-8 years get directly linked to school and the older

children are mainstreamed to the formal education system through the

rehabilitation centers and increasing efforts to provide vocational training

 Strengthening of the formal school mechanism in the endemic child

labour areas in the country both in terms of quality and numbers in such a

manner as to provide an attractive schooling system to the child labour

force and its parents so that motivational levels of both the parents and

such children are high and sending these children to school becomes an

 Effective provision for health care for all children would be made.

The Indian Legal Umbrella                                              Page

 Implementation of the child labour (P&R) Act, 1986 would be made much

 The monitoring system would be further systematized with the close

involvement of the State Government to ensure that the project is able to

attain its objectives within the period.

 Equal important would pay to the aspect of continuous awareness

generation though print, folk and electronic media. Requisite training and

sensitization of workshops would be conducted for officials at all levels.

 The task of elimination of child labour be placed on the top of the nation’s

agenda and given a “Mission Mode”.

 Convergence with the ongoing schemes of the Dept. of Education, Rural

Development, Health and women and child development would be critical

  The ultimate attainment of the objective of elimination of child labour in

 Large scale involvement of the voluntary organizations at the district level

and to them assist in the running of the NCLP schools.69

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

        The NCLP Scheme, which began with a modest number of only 12

districts, has been progressively expanded to various parts of the country with a

major trust in the 10th plan, when it was expanded to cover 150 districts, spread

over in20 states of the country. In addition, Indus project, which is a joint Indo-

US child labour project for rehabilitation of children, is being implemented in

21 districts of the country. The project would be ending in August, 2007 and

therefore these districts would also need to be takeover under the NCLP

Scheme thereafter. There have been demands from various States for

expanding the coverage of the NCLP Scheme to more districts. Some State like

Orissa and Bihar has proposed for coverage of the entire State under the

The Indian Legal Umbrella                                              Page

scheme. To target every working child engaged in hazardous occupation in the

country, which is the immediate objective of the Government, there is

therefore, a need to expand the scheme to all the districts in the country. The

central Monitoring Committee (CMC) on Child Labour also recommended this

in its last meeting minutes of the CMC meeting given as. Hence, all other

remaining districts having a reasonable number of working children in the

hazardous category would have to be covered under the NCLP Scheme during

REVISION OF NCLP Scheme

      The NCLP Scheme, within the broad guidelines, provides flexibility in

implementing the scheme at the field level. Various innovations and initiative

are therefore, being tried under the scheme in different states as per their

specific requirements. Some of the successful practices and recommendations

of the working group regarding revision of the scheme for the 11th plan are as

i) Child Labour Survey: - To have a correct estimate of child labour in the

country, there is an immediate need for child labour survey in all the districts of

the country. This is important since the last countrywide enumeration of the

working children was held in 2001 Census and the incidence of child labour

may have undergone change since then with population growth and the large-

scale migration of workforce.71

ii) Standard Curriculum and Learning Materials: - Experience of

implementing the NCLP Scheme has shown that those states, which have

developed a standard curriculum for teaching children in the special schools,

have and much better results in mainstreaming and retention of children as it

helps in their smooth transition to regular schools. Therefore, there is a need to

develop an improved and standardized curriculum to provide basic education in

the special school. The specific recommendations in this regard are:

70  Available at www.indianamebassy.org/policy/Child_Labour/National_policy_Child_Labour.htm

The Indian Legal Umbrella                                              Page

 State Governments to develop a standard curriculum to be adopted in all

the special schools in the state of providing uniformity and linkage with

 The content of curriculum developed should be in consonance with the

curriculum followed by the regular schools for ensuring smooth

 State education departments and the curriculum and text-book

development agencies are asked to develop new bridging modules or

adopt the once developed under SSA for this target group.

      The proposal does not have any financial implication, as it would be using

the SSA set up. However, if there is any additional requirement, then a separate

allocation will be made to the concerned state governments.72

iii) Teachers Training: - To make learning a joyful and enriching experience

for the children, it is essential that the teachers are well trained and geared up to

take this challenge. These teachers have a major responsibility of nurturing

these children and developing confidence in then to join the mainstream

iv) Comprehensive Pre-Vocational Training:-  In India, child labour is not

only the means of supplement the family income, but is also perceived as the

way of acquiring skills and learning the job which will be useful for the child to

earn livelihood later in his life. As the Families of child workers are living in

object poverty, they are often not able to appreciate the need for education for

the overall development of the child, and also due to various other socio-

economic reasons and attitudes, young children are employed in wide range of

jobs including hazardous and dangerous occupations. On the one hand, while

the public elementary education in India does not provide the necessary

opportunities for skill development, access to vocational training otherwise is

also not easy. it is in this context that vocational training has been provided as

The Indian Legal Umbrella                                              Page

an important component in the National Child Labour Project Scheme.

Vocational Training to the children would also help in development of their

extracurricular activities. The specific recommendations in this regard are as

 The pre-vocational; skills being imparted in NCLP schools should be

upgraded to unable the children withdrawn from work to be equipped to

retain traditional skills with an added emphasis on theory as one of the

 Labour market survey to be conducted in each district to assess the

skills, which has marketability.

 Regular training of the vocational teachers of the special schools

through the ITIs and other vocational training institutes in the district.

 Document the successful pre-vocational training modules in some of the

NCLP districts and offer them to other districts for replication.

     The financial implication for training vocational instructors twice during the

11th plan works out to Rs. 5.4 crores.

(v) Strengthen Health Component: - Provision of health care to child

workers in the special schools would help in timely detection of ailments and

their treatment. In this regard, the specific recommendations are as follows:-

Provisions of a health kit with first aid essentials and few basic medicines for

the children of the special schools. Flexibility in Utilizing honorarium for

doctors in the special schools either on a monthly or per visit basis. In case of

Government doctors, the flexibility should be there to utilize the funds allotted

for this purpose for their transportation to visit special schools.

Emphasis should be on convergence with the local government

hospitals, dispensaries or PHCs to provide health care facilities medical camps

and also preventive health education. Health cards for each child must be

maintained in each school and the observations of the doctor recorded thereon.

      The financial implication of appointing doctors for every 20 schools.

And first aid kit with basic medicines works out to Rs. 54 crores. The provision

The Indian Legal Umbrella                                              Page

of the doctor for every 20 schools already there in the 10th plan under the

(vi) Uniform & School Bag:- Provision of school uniform to children in

NCLP schools is essential for inculcating discipline as well as raising self-

esteem  sees of non-discrimination amongst these children, who are coming

from the economically deprived sections of the society. This demand came

from various states and NGOs and has also been recommended in the last

meeting of the central monitoring committee. It is therefore, proposed that, in

the 11th plan a provision be made for at least two sets of uniform with a pair of

shoes and a school bag every year for each child covered under the scheme.

Financial implication Rs500 per child per year work out to Rs.225 crores for

  (vii) Provision of Computer and Printer: - With increasing use of

computers in all the fields, and their effectiveness, they are essential for every

office. More so in NCLP project office so s to help in effective tracking &

monitoring of the children, better supervision as various activities under the

project and finally record keeping and reporting through the net.75

(viii) Economic Rehabilitation and Sensitization of the Parents: - As

poverty and illiteracy are the prime reasons of child labour, a combined and

Coordinated efforts of the various departments would greatly help to mitigate

this problem. Providing income opportunities to the parents of these children

would enable them to send their children to school rather than work. This

aspect has been clearly recognized even in the National Policy on Child

Labour, which prescreened to focus on general development programmes for

the benefit of the families of child labour. But the parents need to be sensitized

about all these progammes to enable them to take any benefit from them. In

this regard, formation of the SHGs of the parents of the working children is

The Indian Legal Umbrella                                              Page

   A concerted effort also needs to be made to continuously convince

parents the importance of education and the deleterious, long term effects of

children working. This would also help to bring children from these families in

(ix) Strong Linkages with Education Department: - Convergence with

Education Department on a sustained basis is required for the following:-

Correct identification of the child labour under the survey from the information

pertaining to out of school children collected under SSA.

To ensure that the working children identified in the age group of  5-8

years are overfed directly under SSA. One of the formal schools in the year to

be identifying as a lead school for the mainstreaming if the children coming out

of the special schools in that area. Specific instructions to be issued by the

Education Department to the lead schools for smooth mainstreaming. To

ensure timely supply of textbooks and bridging material for children in NCLP

School by the Education Department, assistance in developing  curriculum  for

Training of teachers in NCLP Schools as specific components under the SSA.

Monitoring of special schools through the village or block level Education

Committee under SSA to ensure that no child in the area remains out of school.

Sensitizing  the district education administrative setup, SSA Planning  teams

and school headmasters or teachers or VEC members about  child labour issues

& the specific needs of these hildren.77

(x) Enhancement of Honorarium: - There is a strong & persistent demand

for revision of honorarium of the NCLP staff and the school functionaries.

Considering the rate of inflation sine 2001, when the last revision of

honorarium was carried out under the Scheme, approximately 25% increase is

The Indian Legal Umbrella                                              Page

(xi) Enhancement of Rent, etc:- There has been  demand for raising  the

rentals for special schools in the big cities ,as NGOs have been facing difficulty

in hiring  suitable accommodation for this purpose in the existing budget of Rs.

(xi) Residential Facility for Migrant Children: - Children from the

economically backward areas of Bihar, UP, West Bengal and Other states are

migrating to the metropolitan cities of Delhi, Mumbai & Bengal rein search of

employment. Various raids undated by the labour Department in these cities

have revealed that these children are working in most pitiable conditions. They

are living in their work places, as they have no regular shelter. They work for

long hours and are provided with maser wages. These children have no security

in terms of their family or community and are, therefore, in a highly vulnerable

(xiii) Awareness Generations: - So for, the communication approach followed

under the NCLP Scheme has been to undertake awareness generation exercise

at the local/district level. A provision of Rs.1.25 lakhs per year was made in the

budget for every NCLP for this purpose. The activities undertaken in this

regard consisted of exhibitions, fairs, rallies, street players, camps, meetings

and workshop etc. On the child labour in the district being localized, these

activities had a very limited impact and the need has been felt to carry out

media campaign at the national level, particularly since the incidence of child

labour is quit wide spread in the country. Even the state has been demanding

funds for carrying out state level campaign on the issue.

      To invoke public interest  and large scale awareness on this issue, there

is need  for an extensive awareness generation campaign launched over  a

period of time at the center and start on a sustained basis keeping this in mind a

provision of at least Rs. 50 crore is to be kept aside in the ministry’s budget in

the eleven plan undertaking national level media campaign on the subject

The Indian Legal Umbrella                                              Page

Recognizing this need and initial provision of Rs.5 crore has been made in the

ministry’s budget  in the current year for this purpose .81

(xiv) Enforcement: - Strict enforcement measures are most essential to deter

employers from employing children. Effective rehabilitation measures

therefore, must be supplemented with strong enforcement measures to prevent

further entry of children into the workforce-Special Task forces against Child

Labour must be set up in all the district  to carry out raids and inspection to

initial and element of deterrence among the offenders . 82

 (xv) Tracking  & Monitoring of Child Labour :- Tracking is an important

tool to beneficiary right from the time of his /her identification as child labour

in the survey to his / her enrolment in the special schools through this /her stay

therein and  up the ministering. In fact these monitoring needs to be continued

even beyond mainstreaming to gathering if the child is continuing with has /her

studies in the regular schools or has dropped out. Once a child is rehabilitation

under the project it is an important follow up step to check is s/he is siring well

in the mainstream school. Such a monitoring would ensure that the child does

not relapse back to exploitation work. A well-designed T& M system therefore

bold ensure that the beneficiary has been effectively rehabilitated. An effective

we-based monitoring bold also benefit in keeping track of migrant child  labour

from one NCLP district to another and would  help in continue of their

schooling and rehabilitation in spite of their movement. This project of tracking

&monitoring is, important in deterring the real success of the project in terms

of children’s actual mainstreaming and continuation in school thereafter.

V. STEPS TAKEN BY NATIONAL HUMAN RIGHTS

COMMISSION AND COMMISSION FOR THE   RIGHTS OF

       The NHRC is deeply concerned about the employment of child Labour

in the Country. The Commission has observed that even after sixty years of

The Indian Legal Umbrella                                              Page

independence, Child Labour persists in the country. Despite various

Constitutional Provisions, announcement of a National Child Labour Policy.

Freeing the estimated two million children working in hazardous industries.

Hence the Commission focused its attention on the following industries

wherefrom rampant reports of child labour were received. These include:-

Bengal or Glass Industry, Silk Industry, Lock Industry, Stone Quarries, Brick

Kiln, Diamonds Cutting, Ship Breaking, Construction Work, Carpet Weaving

The national Human Rights Commission has expressed the unequivocal

view that the problem of child labour will persist until the free compulsory

education for all up to the age of 14 years realized. It has further observed that

despite the provision of Art. 45 & 21-A of the Indian Constitution the grim

reality is that today the number of illiterates in the country exceeds the entire

population of the country at the time of independence. For making primary

education compulsory, there is need for strong political will. 83 The

commission took up several cases and gave guidelines in support of his

concern. Some of these cases are given as under:-

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

An NGO of Bangalore , Maya(Movement for Alternatives and Youth

Awareness), made a complaint to the commission saying that a 12 years

old child worker had died in the Silk Filature Unit Premises in

Ramanagaram town on 14 November 2000 having suffered 79 percent

burns , sustained in the unit.

The Commission has been monitoring the progress in respect of the cases

that are in court. In addition, after considering the inquiry report submitted

against t5he doctors, the commission directed the government of Karnataka to

inform it of the action taken by the disciplinary authority on the report of the

83  “ Know YourRight” on Child Labour National Human Rights Commission.

The Indian Legal Umbrella                                              Page

2) Bonded Child Labour: Andhra Pradesh (Case No. 443/1/2001-2002)

The Commission received a petition dated 24 August 2001 alleging child

labour  and the exploitation of minor girls by employing them in hazardous

work in   cottonseed farms, tiles, units, queries and beedi manufacturing units

in the districts of   Mehboob Nagar, Krishna and Nizamabad in Andhra

In response of directions issued by it on 15 October 2001, The

Commission received a detailed report dated, 19 July 2002, from the

Government of Andhra Pradesh. It stated, in essence, that the Government was

implementing an action plan to eradicate child labour in the State by the year

2004 in a time bound manner. The commission then obtained the comments of

Shri K.R. Venugopal, its special reporter, on the child labour situation in

On 10 March 2003, the commission considered the report and the

comments of the Special Reporter. It proceeded to ask the State Government to

forward a copy of its plan to the Commission along with the details of the

follow-up steps taken by the State Government based on that action plan. The

matter remains under the consideration of the Commission, as the issue of child

and bonded labour being of utmost importance to it.

3) Exploitation of Children by the great Roman Circus in Gonda District of

Uttar Pradesh ( Case No. 7993/24/2004-2005)

The Commission received a complaint, dated 15 June 2004 from the

general Secretary, Global March against Child Labour , New Delhi an NGO,

alleging assault on its members and parents of children during investigation of

alleged atrocities on children including sexual harassment at Great Roman

Circus in Golneloganj, District Gonda, U.P.

The Commission got the matter investigated through its team of officers

and also obtained a report from the chief-secretary, State of U.P. In response to

the notice issued to the Government of Uttar Pradesh, the State Government

84 Available at  Nhrc.nic.in/Child Cases.htm

The Indian Legal Umbrella                                              Page

informed that three criminal cases- one under section

147/148/325/323/352/504/506/107 of IPC and section 3and 5 of the Bonded

Labour Act, 1976 had been registered against the owner of the circus and other

persons; the other under section 376 IPC  was registered against Raza Mohd.,

owner of the Circus in respect of alleged rape by him on Kumari Neeta Lama.A

third case under section 354 IPC was also registered against unknown persons.

Apart from Neeta Lama, no other exploitation

The commission vide its proceedings dated 9 February 2005, directed sp

(hr) in the office of DGP, U.P. , to send a copy of the writ petition pending

before the High Court at Allahabad together with any order made therein . The

             Today the Human Rights Commission and State Human Rights

Commission carry a torch of human rights from the concept to realization in

India. The vision of the Commission is to have a smile on every face.  It has the

mission to serve the humanity without any hidden interest.

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

National Human Rights Commission has taken strong exception to

“faulty investigation” vis-a-vis violation of child labour laws in mines in

Karnataka's Bellary district leading to large-scale acquittals.

At a two-day regional meeting with the southern states of Kerala,

Karnataka, Andhra Pradesh and Tamil Nadu - which concluded in Bangalore

today - the NHRC, rejected the state's claim that there is no child labour

At a two-day regional meeting with the southern states of Kerala,

Karnataka, Andhra Pradesh and Tamil Nadu - which concluded in Bangalore

today - the NHRC rejected the state's claim that there is no child labour involve

The Commission recommended monetary relief to the tune of Rs19.8 lakh in

nine cases from the four states and disposed of 22 cases. On the case relating to

a custodial death in Karnataka, the Commission held that it occurred due to

The Indian Legal Umbrella                                              Page

police negligence, and awarded an interim relief of Rs3 lakh to the next of kin

of the deceased Srinivas, from Kolar Need in Bellary mines.86

************************