KES’ SHRI. JAYANTILAL H.

PATEL LAW COLLEG, MUMBAI

TOPIC
Legal Language

A project submitted in partial fulfilment of the requirements for

The 5th Semester of the B.L.S. LL.B Course

By
Name:- Prashant Choudhary
ROLL NO:- 11
Third Year B.L.S. LL.B
Division:- A

Under the Supervision of

Asst. Prof Anushree P. Bhatt
Date:- 26th September

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ACKNOWLEDGEMENT
It is indeed a proud privilege to express my deep sense of gratitude and indebtedness to my
respected principle, teacher asst. professor for her valuable guidance, scholarly inspiration,
which have been extended to me for the successful completion of this Endeavour. I wish to
avail myself of this opportunity to express a sense of gratitude and love to my friends, my
family and most importantly my parents.
I hereby acknowledge all those who are related to this work either directly or indirectly, the
non-teaching staff of JP law college, the library staff, last but not least I thank almighty for
always protecting me and being with me all time.
Prashant Choudhary

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 Table of Content
Page no Topics
1 Cover page
2 Acknowledgement
4-7 Essay- Child Labour
8-10 Legal Concepts
11 Law Report
12 Legal Magazine
13 Bibliography, Reference

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 Essay
CHILD LABOUR
Introduction
Childhood is the most intimate experience of a person’s life. It is a moment in life when the
human foundations for a successful adult existence are laid. Many children are traumatized
and tormented as a result of spending it in a carefree and fun-loving manner while studying
and playing. Behave as if you would do anything to escape out of the prison of being
controlled and tortured by others. They’d like to leave this planet, but they’re stuck where
they are due to circumstance rather than choice. This is the true tale of child labour.
Children are employed by businesses and individuals to provide them with a productive
environment. They are designed to work long hours and in hazardous factories, and they are
occasionally required to lift loads that are more than their body weight. When they make a
mistake, some people’s households hire children as domestic assistance and beat and torture
them physically. Children are sometimes forced to starve and are given worn-out clothes to
wear.
Millions of more youngsters in India have a similar storey to tell, which is both terrible and
true. The average age for a youngster to be regarded as suitable for work is 15 years or older.
Children under this age will not be permitted to engage in any forced labour. In some nations,
child labour deprives children of the opportunity to have a normal upbringing, a suitable
education, and physical and mental well-being. It’s outlawed, but it’s still a long way from
being fully abolished.
Childhood is considered to be the best time of one’s life but unfortunately, this does not hold
true for some children who struggle to make both ends meet during their childhood years.
According to the Child Labour project and 2011 census, 10.2 million children are
engaged in child labour in India, out of which 4.5 million are girls.
Children do it due to lack of food, or forcefully by their parents. According to a study of
UNICEF, it is clear that almost 13 to 15% of children are working as a labour and the age
group working is between 5 to 15 years only. Child Labour indirectly affects their mental and
physical development. Working non-stop for many hours can cause physical and mental
diseases to children.
Contributing Factors of Increasing Child Labour
There are a number of factors that contribute to the rise of this peril.
Poverty plays a major role in the issues of child labour. In poor families, children are
considered to be an extra earning hand. These families believe that every child is a bread-
earner and so they have more children. As these children grow up, they are expected to share
their parents’ responsibilities.

Illiteracy is an important factor that contributes to this problem. The illiterate parents think
that education is a burden because they need to invest more in comparison to the returns that

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they get in the form of earnings from their children. Child labourers are exposed to
unhygienic conditions, late working hours, and different enormities, which have a direct
effect on their cognitive development. The tender and immature minds of the children are not
able to cope with such situations leading to emotional and physical distress.
Unethical employers also prefer child labourers to adults because they canextract more work
from them and pay a lesser amount of wage. Bonded child labour is the cruellest act of child
labour. In this type of child labour, the children are made to work to pay off a loan or a debt
of the family. Bonded labour has also led to the trafficking of these impoverished children
from rural to urban areas in order to work as domestic help or in small production houses or
just to lead the life of street beggars.

Child Labour is a Crime

Despite the strict law about child labour being a crime, it is still widely prevalent in India and
many other countries worldwide. Greedy and crooked employers also lack awareness of
human rights and government policies among the people below poverty.

Children in certain mining operations and industries are a cheap source of labour, and the
employers get away with it because of corruption in the bureaucracy. Sometimes low-income
families may also ignore basic human rights and send their children to earn extra money. It is
a systemic problem that needs to be solved by addressing issues at many levels.

However, to protect young children from such exploitation, the Indian government has come
up with a set of punishments. Any person who hires a child younger than 14, or a child
between the ages of 14 and 18 in a dangerous job, they are liable to be imprisoned for a term
of 6 months-2 years and/or a monetary penalty ranging between Rs.20,000 and Rs.80,000.

Role of the Government

The government has a very important role to play in the eradication of child labour. As
poverty is the major cause of child labour in our country, the government should give
assurance to provide the basic amenities to the lower strata of our society. There should be an
equal distribution of wealth. More work opportunities need to be generated to give fair
employment to the poor. The various NGOs across the nation should come forward and
provide vocational training to these people in order to jobs or to make them self-employed.

This lower stratum of our society should understand and believe in the importance of
education. The government and the NGOs should reach out to such people to raise awareness
and initiate free education for all children between the age group of 6-14 years. The parents
must be encouraged to send their children to schools instead of work.

Educated and affluent citizens can come forward and contribute to the upliftment of this class
of society. They should spread the message about the harmful effects of child labour. Schools
and colleges can come up with innovative teaching programmes for poor children. Offices
and private and government institutions should offer free education to the children of their
staff.

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Moreover, awareness of family planning needs to be created among these people. The NGOs
and the government must educate them about family planning measures. This will help the
family to reduce the burden of feeding too many mouths.

Eradicating Child Labour

Eradication of child labour will require support from multiple aspects of society. The
government programs and government agents can only go so far with their efforts.
Sometimes, poor and uneducated families would be reluctant to let go of their familiar ways
even when better opportunities are provided.

That’s when normal citizens and volunteers need to step up for support. NGOs supported by
well-meaning citizens will have to ensure that the government policies are strictly enforced,
and all forms of corruption are brought to light.

Education drives and workshops for the poor section of the economy need to help raise
awareness. Parents need to understand the long-term benefits of education for their children.
It can help in developing the quality of life and the potential to rise out of poverty.

The harmful consequences of child labour mentally and physically on the children need to be
taught in the workshops. Government petitions can also encourage schooling for younger
children by offering nutritious meals and other benefits.

Education about family planning is also critical in helping to control the population. When
low-income families have more children, they are also inclined to send them for work to help
float the household. Having fewer children means that they are valued, and parents focus on
providing for their nourishment, education, and long-term well-being.

Having fewer kids also makes them precious, and parents will not send them to hazardous
working environments in fear of permanent injury or death. The government should introduce
incentives for families with one or two children to encourage poorer families to have fewer
children and reap the benefits while providing a good life.

Government Policies
The Indian Government enacted many laws to protect child rights, namely the Child and
Adolescent Labour Act, 1986, the Factories Act, 1948, the Mines Act, 1952, the Bonded
Labour System Abolition Act, and the Juvenile Justice Act, 2000.
As per the Child Labour Act (Prohibition and Regulation), 1986, children under the age of
fourteen years old could not be employed in hazardous occupations. This act also attempts to
regulate working conditions in the jobs that it permits and emphasizes health and safety
standards.
The Right of Children to Free and Compulsory Education Act, 2009 mandates free and
compulsory education to all children between the age group of 6 to 14 years old.

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Child Labour in India
It is estimated that India has the largest number of child labourers in the world. According to
the Census 2001, there were 1.27 cr. economically active children in the age-group of 5-14
years. The number was 1.13 cr. during 1991 (Population Census). Who is a worker
Workers in general are classified into main and marginal workers by the population census.
Census data shows that there is a decline in the absolute number as well the percentage of
children (5-14) to total population in that age group, classified as main workers from 4.3
percent in 1991 to 2.3 percent in 2001. But there was a substantial increase in marginal
workers in every category of worker irrespective of sex and residence. As a result, despite the
number of main workers declining from 90.8 lacks in 1991 to 57.8 lacks in 2001, the total
number of children in the work force increased. A large part of the increase was accounted
for by the increase in marginal workers, which increased from 22 lacks in 1991 to 68.9 lacks
in 2001. The trends between 1991 and 2001 of declining main child workers along with
increasing marginal workers may indicate the changing nature of work done by children. This
is also to be seen in the context of decline in employment growth in general in the economy
during the last decade.
Magnitude of Child Labour in India
One must acknowledge that at policy level India has all along followed a proactive policy in
addressing the problem of child labour and has always stood for constitutional, statutory and
developmental measures that are required to eliminate child labour. The Constitution of India
has relevant provisions to secure compulsory universal primary education. Labour
Commissions and Committees have gone into the problems of child labour and made
extensive recommendations. India’s judiciary, right up to the apex level, has demonstrated
profoundly empathetic responses against the practice of child labour. Despite several
proactive legislations, policies and judicial prouncements, the problem of child labour
persists as a challenge to the country. The corresponding fall in boys and girls workforce
during 1983 to 2004-05 is observed to have decreased from 1.206 cr. to 47.6 lacks, and 94.9
lacks to 43.1 lacks, respectively. In effect, the gender difference that existed between boys
and girls (adverse against boys) during the early 1980s has almost dissipated in recent years,
the difference being slowed down from 25.7 lack to roughly 4.5 lacks. However, in absolute
numbers, the problem is large. As per the Census 2001, there are 1.26 crores economically
active children in the age-group of 5-14 years. It was 1.13 crores in the 1991 Census. The
magnitude of child labour in India has been witnessing decline in the last two decades, both
in terms of magnitude and workforce participation rates. Evidence drawn from the
National Sample Survey data suggest that India’s child workforce during 2004-05 was
estimated at little over 90.7 lacks as against 2.155 cr. in 1983. During this period, the number
of child employment has declined by 1.248 cr. A bigger fall in child workforce is observed
among boys than girls.

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 Legal Concepts
 Ex-parte
It is an degree passed in the absence of the defendant. Thus, in spite of serving the
summons on the defendant he does not appear, court may an order that the suit shall
proceed Ex-parte. If the plaintiff makes out prima facie case the court may pass a
degree in favour of the plaintiff. However, the Judge should take care to see that the
plaintiff case is a prima facie proved case the mere absence of defendant does not by
it self Justify the presumption that the plaintiff has the good case.

Setting aside Ex-parte degree

In any case in which a degree is passed Ex-parte against the defendant he can apply to
the same court for an order to set aside the degree. If the court is satisfied that the
summons were not duly served or that the defendant was prevented from sufficient
cause from appearing before the court on the date of hearing, the court may pass an
order setting aside the degree on such terms as it deems fit. However, a court cannot
set aside a degree merely on the basis of irregularity of the summons.

Case law:- Abdul vs. Mohammad, 1894, 21, CAL, 605.

When the Ex-parte degree is alleged to have been obtained by fraud, He can file a
separate suit to set aside the degree on the grounds of fraud.

 Bail
The dictionary meaning of Bail is setting an accused person before he is tried, often
on a condition that a sum of money would be forfeit. If he does not attended the Bail
for which the Trial is going on. Thus, a Bail is a Security given to the court to assure
that the accused person shall remain present on the day of trail.
All defence are either Bailable or Non- Bailable. In the case of Bailable offence all the
procedure state under Sec. 436 of CRPC should be followed Bail must be granted has
no decision in the matter. Thus, in the case of Bailable offence, the grant of Bail is the
matter of course.

Whoever in the case of Non-Bailable offence, the court may release a person on Bail
only subject to condition laid down Sec. 437 of CRPC, needless to stay Bailable
Offences are relatively Minor in Nature. Where as Non-Bailable offence are more
severe in nature.

When Bail, court has the decision to put on the movement of the accused. It can direct
accused to remain present in the police station at a particular time if may also direct
him not to leave the particular city, or not to travel abroad. It may also direct the
accused to surrender his passport.

There are various kinds of Bail. Bail can be in the form of Cash amount to be
deposited in the court, which is fortified in case be in the form of personal bond
executed by the accused undertaking to the court. The bond with/or more sureties

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 undertake to pay to the court. The amount of money directed on the Bond or the
failure of the accused to remain present.

Case law:- Husainara Khatoon vs. State of Bihar, AIR, 1978 SC 1675.
It is a context that the maternity granting of bail sometime a matter of court if
sometimes for tribunes reason come in criticism from the Supreme Court where in it
was decided by the Apex Court as under the system of Bail operates very harshly
against the poor and it is only the non-poor who are able to take advantage of it by
getting themselves released on bail.

Anticipatory Bail:-
As the name suggest it is the Bail before actual arrest. If any person believes he may
be arrested on a accusation that he committed non-bailable offence. He may apply to
the High Court on the Sessions Court for anticipatory bail under Sec. 438 of CRPC.
Case law:- Gurubakash Singh vs. State of Punjab, 1982, SSC 585.
The apex court has defined anticipatory bail as pre arrest legal process when the court
directs if such a person is there after arrested on that particular charge he should be
released on bail it is thus an assurance against the police custody upon particular
charge.
Case Law:- Balchand Jain vs. State of Madhya Pradesh
It is not that a court presently grants bail in anticipation of an arrest rather the court passes an
order that in event of the arrest of that person he should be released on bail. The Judge also
pointed out that this is some what extra ordinary power and should be exercised only in
exceptional cases. After such Anticipatory bail is granted it is sufficient cause later shown the
court may cancel the anticipatory bail and order that person to be arrested.

 Plaint
A plaint is legal document that contains the content of any civil suit which shows the
Plaintiff’s claim after filing suit. The plaint is the first step of the Plaintiff in the form
of a legal document for the commencement of suit and it shows what a Plaintiff wants
from that suit.
(Plaint a statement in writing of grounds of complaint made to a court of law and
asking for redress of the grievance).
Under section 26 of code of civil procedure, it is mentioned that every suit shall be instituted
by the presentation of a plaint or such other manner as may be prescribed and those manners
are listed under the rules of Order VII.

 Law
Law is defined as, "a set of special legal rules, enforceable by the court, regulating the
government of the state, relationship between the organs of the state and relationship
or conducts subjects towards each other.". It is a body of rules made by the
legislature. In fact, laws are the rules that bind human together. Without laws, man
can become worse than an animal. Law is a necessity for the nation to prosper. The

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 rules are made by man. enforced by the majority. When there is general support, law
enforces itself. A body is elected which frames the law for everyone. People have to
be governed by law to avoid illegal and immoral acts.

Salmond: - According to salmond "the law may be defined as the body of principles
recognized and applied by the state in the administration of Justice.

John chipman Gray's Definition of Law:- According to Gray, "the Law of the State or
of any organized body of men is composed of the rules which the courts, that is the

judicial organ of the body lays down for the determination of legal rights and duties.

FUNCTION OF LAW:
Ever since the down of Human civilization, mankind has had some sort of rule or that they
used to Govern itself in society laws set the standard in which we should live in if we want to
be part of society. Law set up rules and regulations for society so that we can freedom, gives
Justice to those who were wronged, and it set up that it protects us from our own
Government. Most importantly the law also provides a mechanism to resolve disputes arising
from those duties and rights and allows parties to enforce promises in a court of law Law is a
body of rules of action or conduct Prescribed by controlling authority, and having legal
binding forces. Laws are created because it helps prevent chaos from happening within the
business environment and as well as society. In business law sets guide lines regarding
employment regulatory, compliance, even inter office regulations.

 Offence
The Indian Penal Code defines an offence as something which is made punishable
under IPC or under any special or local law for instance, The Indian Arms Act or the
Bombay Prohibition Act.
An act which is wrong in the eyes of law maybe wrong in the angle of the Civil Law
or the angle of the Criminal Law. The former is called a Tort, where as the later it is
referred to as an offence. Punishment for offences are under IPC ranges from death
penalty (for grave offence) to punishment (which maybe simple, or solitary and a
fine).
The IPC deals with the following offences:-
1) Criminal Conspiracy (120a, 120b).
2) Offences related to election (171z-171e).
3) Offences related to marriage (493,495,496).
4) Offences of defamation (499,500)
5) Offences related to religion (295,295a).
6) Offences of criminal intimidation, insult, annoyance (503, 506, 507).
7) Offence affect the human life for instance Culpable Homicide and Murder (Sec.
302, 299, 300).

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 LAW REPORT

Divorce & Matrimonial Cases

 Published by DLD publication, Delhi its current chief is S.M . Suri, Advocate
 Its editorial committee consists of Lawyers and retirement Judges.
 Exclusively in the field of matrimonial, judicial separation, maintenance etc, Ex-
divorce.
 It also reports judgement on Dowry and Dowry death cases.
 One also finds English Matrimonial cases which are of great use to Indian Lawyers.
 A part from nominal index it also has a subject wise index & also a separate Section.
 Mode of citation:- 1935 (3) DMC 613

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 LAW MAGAZINE

ONE INDIA, ONE PEOPLE

 This is the unique monthly magazine published since August, 1997.

 It describes itself as the “Magazine for a great, strong, united India”.
 Edited by Mr. Sadanand A. Shetty and is published monthly from Mumbai.
 Topics of nation importance are taken up for discussion. For instance:- Population,
public, lifestyle, elevation of poverty, education, gender justice, corruption, etc.
 Aims at United India, it in corporate articles of general interest, helping the reader to
know hi Country better in its own words “In all cases you are Indian first, last and
always”. Be a proud Indian make this country great, strong and united.
 One of the popular feature of this magazine is “Young India Quiz” which give
question with MCQ answers to test the readers knowledge. Entries containing the
answers can be posted to its office at Mumbai, One winner is chosen as the “Cool
Winner” every time and his her name is published in the next issue with photograph.
 Another Colum “ Great Indians” profiles Indians who have contributed to the
betterment of the Country in various fields who have contributed to the betterment of
the country, being it freedom struggle, theatre.
 Another important feature is called know your India better, which Introduces the
reader through various places of interest and monuments in India.
 One noticeable feature of this magazine is that it accepts commercial advertisement a
practice i.e. rightly avoided by other magazines.
 Every issue of this magazine whose guiding spirit professor Manubhai Shah contains
a test report and analysis of a particular item tested by “CERS”.
 Its past issues contains interesting reports on test conducted by it on soft drinks, fans,
biscuits, ice cream and so on. “INSITE” also contains regular features on food an
health, environment, corporate crimes, unsafe products, etc.
 An interesting of this magazine is its regular Colum called, “Letters” where readers
share their grievances and complaints resolve, it covers a list of complaints which
have been resolved successfully also indicating the time taken to resolve the issue.

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 BIBLIOGRAPHY
Sudeep Limaye & Milind S Pandey, A study of Child labour in India – Magnitude and
challenges, researchgate, January 2013.
[Link]
_Magnitude_and_challenges

Chandrajeet, Child labour, Education and Career.

[Link]

Naresh Kumar, Plaint order -7 c.p.c., its meaning, essentials and particulars, form, etc.
Lawnotes4u, 15 September, 2015.
[Link]
etc/#:~:text=A%20plaint%20is%20a%20legal,which%20the%20suit%20is%20instituted.

Mohd Aqib Aslam, Important concepts of law, legal service India (E-Journal).
[Link]
[Link]

REFERENCE
Class notes

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