ROLE OF SUPREME COURT IN PROTECTION OF CHILD LABOUR – AN IMPACT ANALYSIS
- general.law
- Jun 15, 2021
- 10 min read
Author name: Sonal Chaudhary
college name: Jamnalal Bajaj School Of Legal Studies , Banasthali Vidyapith
ABSTRACT
This research paper is written about the Role of Supreme Court in Protection of Child labour – an impact analysis. Firstly in introduction I briefly discussed about the child labour perspective from british era to today’s time .As child labour is always a hot topic both national and international levels. Child Labour is so common in many developing and under developing countries. As per the data’s it was found that a large no. of children under the age of 14 are worked under different organizations, which also include the hazardous sites also. Further I discussed about the judgments of Supreme court of India .Timely the apex court of India give many landmark judgments regarding the child labour which gave a new face to India and helping the government to stop child labour at a huge scale. Further I try to explain about the ground reality of implementation of SC judgments as somehow these judgements are lacking from reaching to the people at ground level due to which still child labour is practicing. Furthermore I briefly discuss about the problems faced by child of being a child labour which are negative affect at mental and physical health. Then I give some suggestions like organize awareness camps, increase the reach of schooling education etc. Lastly I conclude all what I have written by concluding that still judiciary or Supreme court plays a vital role to permanently erase the problem of child labour.
INTRODUCTION
Child labour is a worldwide alarming subject. As in India child labour is in different forms. In earlier era child labour was diverse slaves to domestic workers; Britishers made the people of poor countries their slaves. In today’s era child labour is also practice. As the framers of the constitution of India from the very starting made it clear that child labour should permanently ban in India. As it is always been considered that children’s are the helping hands of parents. But sometimes we don’t even realized that when these helping hands are indulged in labour work. Many factors work behind this as lack of education, lack of awareness, poverty, lack of knowledge regarding rights and remedies. But it is not a kind of exploitation because these children works under the supervision of parents.
In Indian judiciary system Supreme Court of India is apex and highest court of India. The decision taken by Supreme Court of India is considered as final decision. But Supreme Court also has the power to overrule its decisions. Views of Supreme Court play a vital role in every matter. As Supreme Court is considered as safeguard of peoples.
Judiciary has played a fundamental responsibility to curtail the dilemma of Child Labour in India. Indian judiciary has guided the purpose of constitutional provisions by issuing work instructions or taking actions in accordance with court orders, which has raised concerns about child labour. It had utterly altered the perspective of Child Labour in India. Indian Judiciary’s involvement is very commendable in the matter of child labour. The role and range of judicial elucidation has amazingly lengthened. Landmark judgments are taken by the judiciary to eliminate the problem of Child Labour.
As in India agriculture child labour was always been there and still practice because India is a agriculturist country and every family member work on the field. Somehow it is also true that due to lack of school facilities children’s are also force to work on the agriculture fields. To remove the child labour from India permanently the Child Labour (prohibition and Regulation) Act in 1986 was introduced, which basically prohibits the employment of child in hazardous occupations.
The decisions and steps which taken by the judiciary of India has prove themselves as the leader towards progressive world. But this topic is always been a topic of concern because after having so many effective laws and decisions of SC when many times hear about the news related to child labour. This put a question mark to the effectiveness and implementation of decisions of Supreme Court.
IMPACT ANALYSIS ON THE JUDGEMENT OF SUPREME COURT
As judiciary have it own significant in every matter which affects the rights and duties of the individual. So as Supreme Court of India gave many land mark judgments. I am discussing about the landmark judgments with given by government within last 34 years.
In 1982, Supreme Court gave the landmark judgment in the case Peoples Union for Democratic Rights v. Union of India[1]- Court taken into consideration the range and realm of Article 23 in fine points. By saying that the range of article 23 is extensive and limitless and restrict the “traffic in human beings” and “begar and other forms of forced labour”. This case is famously known as “Asian workers case”. In this case the attention of SC court was brought that child under the age of 14 who worked on constructive sites are immensely dangerous. Court said that the employment of child on dangerous construction sites should be restricted. Referring to Article 24, Judges P. Bhagavathi and Judge Bahrul argued: “In addition to the need for Convention No. 59 of the international Labour Organization, we have article 24 of the constitution, which, although not obeying the relevant legislation, is “own power” and building is a simple and absolutely dangerous job, it is clear that for reasons of constitutional prohibition, no child under 14 years of age may be available for construction work”.
Francis Coralie Mullin v. Union Territory of Delhi[2], In that case the Supreme Court of India ruled that Article 21 provides for the health and power to protect workers, which includes men, women, and ethnic minority children from mistreatment. The court held that, in sort of freedom, decency and an enlightening (educational) advantage, the ability and services provided for the healthy growth and growth of children.
In 1984 a cases was decided by the SC of India, Laborers Working on Salal v. The State of Jammu & Kashmir[3], Judge P Bhagwati, R. mishra advise that “no contractor/subcontractor will include children beneath the period (age) of 14 in the programs in any factory. In the event that a child worker is accepted by a contractor/subcontractor, timely instructions as their interval must provide immediately and a preliminary report to the authorize”.
Justice Bhagwati commented in the case if Bandhua Mukti Morcha v. Union of India & others[4], “This is an issue that deserves vital concentration by the Indian and state governments, with as the guiding principles of state policy cover required the central government and the state to get and take action to ensure public security. “Justice for those who no longer have disabilities, it is not fair for the government concerned to turn a blind watch to the inhumane utilization to which the slave laborers are exposed”. It is thus imperative that regardless of the state government, if is there is debt bondage, the debt bondage exists and that every possible effort is made to exterminate it, thereby fulfilling not only a civilized task however also a legitimate compulsion and increase of the fundamentals of contender.
In the case of Sheela Barse v. Union of Indi[5], court remarked that “Kid may be a lucky thing of state; it’s accountability of the state to spotlight after the kind amid a outlook to ensure correct growth of the temperament. legal establishments had contend a necessary function not just for fitting problems however conjointly have frequently plan to cultivate plus enlarge the law therefore on respond to the need plus thoughts of the people that square measure wanting to the courts to administer being and consummated to the law”
M.C. Mehta v. State of Tamil Nadu & Others[6], Bench of Kuldip Singh, S.B. Majmudar, B.L. Hansaria, in 1996 remarked that “Based on the recommendations given there, we believe that the defaulting employer is obliged to pay 20,000 rupees for each illegally employed child, and the inspector according to the procedure in article 17. The inspector plans to verify each children hired in breach of the law pay 20,000 rupees to each interested employer, and this money will be deposited into a finance called the social security and healing (rehabilitation) fund.
A. Srirama Babu v. The Chief Secretary[7], bench of V M Kumar in 1997 remarked that, “This need to be reconsidered. Closing this gap will definitely significantly improve the employability of adults and prevent employers from using child labour”. Therefore, it is imperative for the state to intervene to curb the trend of child labour and take all necessary measures to abuse and abuse children. Education to prevent child labour, and establish an independent department to take care of welfare children. In addition, the state must keep records of the birth and progress of the child.
Bandhua Mukti Morcha V. Union of Indian & others[8], Regarding the employment of child under the age of 14 in the industry of carpet in the state of Uttar Pradesh a public interest lawsuit has been filed. Reports from a supreme court-appointed commissioner/ committee confirmed the forced labor of large numbers of children, mainly SC and ST and brought from Bihar, in carpet weaving mills across the state. Obliged to do socio-economic justice to the child and to provide facilities and opportunities for the appropriate development of his or her personality.
Mahesh Kumar Garg & ors. V. State of U.P. & Ors.[9] , In 2000 a bench of Pradeep Kant seized that, therefore, “I order that the inspector carry out an inspection in all cases of a similar nature and, the event that the inspector believes that child labor has been carried out illegally, a notice of the reason is to be sent, Issued the defaulting employer/ resident, who can raise an objection to this test report in due time, stating the age or additional applicable objections.
State of Guj. V. Bhupendrakumar Jagjivands[10], In 2001 a bench of D Mehta held that, “the judgment given that first instance is amended as – the defendant is sentenced to give a fine of Rs. 10,000/- for violating the provision of section 27 of the Factory Act 1948, the defendant is given a simple jail sentence of 3 months. It is illuminate so as to the sum of the fine previously compensated will be take off and merely the remaining sum will be paid by the defendant.
Ganesh Ram v. State of Jharkhand & Ors.[11] – In 2006 a bench of S Mukhopadhaya, N Tiwari ruled that “If a person under the age of 14 is employed, criminal proceedings can be brought against the employer under the prohibition and supervision Act of 1986, but the criminal proceedings cannot be brought against the worker.
Bachpan Bacho & Ors. V. Union of India & Others[12] – In 2011 high court of Delhi gave the ruling regarding duty of commission and the committee, The court and jury will consider complaints made by domestic workers themselves through their guardians, NGOs that manage the Child line services, employers or the police. The committee and jury can review the following types of cases: abusive working conditions that arise after a child’s body swells in situations involving persons between 14 and 18 years of age; long working hours; and lack of basic services, including health care and food for 30 days.
Roshan Gupta v. The State of Bihar & Ors[13]. – The written request was submitted to challenge the orders in Appendices 1 & 2, which fined the petitioner 20,000 rupees. The petitioner’s main allegation is that without giving him the opportunity to explain the circumstances, under which Ravi Kumar worked in the workshop, a fine was imposed for employing a child as a worker in his workshop while compliance with the instructions in Annexes 1 & 2 remains eliminated with the above observation and direction.
It should be noted that the role of the judiciary in guard the child to being a “child labor” is so vital. Judiciary always try to take safety measure to shield them as of the corporation through solving their operating hours, supplying clinical amenities, constant the variety of pay etc. The courts has additionally intended for State power to generate a surroundings in which the kid tin develop plus expand his persona without dealing with some mistreatment as stated in the constitution of India. Greater than whatever thing, is a context-touchy method to information child labour in a rustic like big plus numerous as India.
GROUND REALITY OF APPLICIABILITY OF JUDGEMENTS OF SUPREME COURT
In spite of having so many judgments regarding the prohibition of child labor permanently. The question is that really child labor is not practicing in India or it’s just a misconception that child labor is completely removed. In January a news was broken out from telangana that the four people were arrested from Hyderabad for detaining and exploiting children for child labour. In 2020 a news was also came out from U.P. that a camera capture the children were working in a firecrackers factory.
During pandemic when we all were stay in our houses, “one the other side more than 10 million Indian Children between five and 14 toil farms and factories, or clean restaurant tables and shine shoes”.
Here we can clearly see the lack of implementation. Judgments were given to stop the person from committing the crime and to set an such example that other person will not repeat in future. But in reality most of the time orders are only restricted to the area of paper. Yes it is true that these judgments or Supreme Court erase a huge portion of Child Labour by making effective changes due time demands.
TROUBLES
Despite of having various laws and court decisions, in India child labour is still in practice. This inconsistency has encroached upon children’s rights, namely the right to education, physical, mental, moral health etc. This has ultimately created an obstacle to the country’s development. So it is necessary to identify the causes of child labour in order to pave the way for a total ban on child labour in the country.
ADVICE
· Apply compulsory schooling policy to stop the crisis of child labour
· Special social development an assistance program for domestic workers should be introduced.
· Timely organize awareness campus.
· Government should take the responsibility seriously
· Make the peoples aware about their rights and remedies
· Proper implementation of laws and judgments.
· Watch eye at the ground reality of child labour in our country.
· Steps should be taken to control the population, because high rate of population increase the risk of poverty which ultimately cause the problem of child labour.
· Timely amendments should be made to erase the problem of child labour permanently
· Supreme court should check how much its decisions are effecting and taken into consideration.
· Decisions should be in easy language so as to any people can easily access them.
CONCLUSION
Finally it can conclude that as being the highest court of our country Supreme Court play a vital role in removing child labour. Many famous and landmark judgments were taken by the Supreme Court for safeguarding the child from any type of exploitation, which include the child labour too. Supreme Court made guidelines for child labour as under which age a child allow to work, at what factories, companies a child is allow to do work. What safety measures should be taken by the employer. So many important judgments were taken by the government like People’s Union for Democratic Rights v. Union of India , M.C. Mehta case, Francis Coralies Mullin v. Union Territory of Delhi, Bandhua Mukti Morcha v. Union of India & others, and so many.
Problem of child labour can permanently only be erase which people get educated , people get more aware about their rights and remedies which are available, Guarantee a child labour free society. As for successful accomplishment nowadays courts creating consciousness campground all the way through “District Legal Services Authority” through help out of NGOs and general public.
SOURCES
· CONSTITUTIONAL LAW OF INDIA
Dr. J. N. PANDEY , CONSTITUTIONAL LAW OF INDIA, CENTRAL LAW AGENCY, 2020, 57TH EDITION
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