GOVT.

LAW COLLAGE, THRISSUR

ASSIGNMENT on LEGAL LANGUAGE and

LEGAL WRITINGS

PROHIBITION OF EMPLOYEMENT OF
CHILDREN

Submitted to : Jyothi miss

Prepared by:

Name : Manoj KTM

Roll No. : 49

Class : III 1st

Date of Submission : 20-Dec-2017

 CONTENTS

Sl No Topic Page No.

1 INTRODUCTION 1

2 CONSTITUTIONAL PROVISIONS – CHILDREN 2-3

RIGHTS and CHILD LABOUR

3 THE CHILD LABOUR (PROHIBITION AND 3-4

REGULATION) ACT, 1986

4 THE CHILD LABOUR (PROHIBITION AND 4-7

REGULATION) AMENDMENT ACT, 2016

5 CASE STUDY 7-9

6 CONCLUSION 9

7 TABLE OF CASES 9

8 BIBLIOGRAPHY 10
INTRODUCTION

Employment of children is an uncivilised and even inhuman practice. It is

exploitation. It stunts their growth, corrupts their morals and often drives them
to delinquency. Naturally, it must be prohibited and incentives to divert them
from employment should be provided.

This Assignment is intimately related to a Directive Principle of State

Policy which calls upon the State to enforce universal compulsory and free
Primary Education to all children in the country up to the age of 14 years. This
comes of the realisation that children should prepare during this period for the
task of the future as useful and responsible citizens.

In spite of the existence of several laws which seek to provide protection

of the right against exploitation, there still remain in many parts of the country
many forms of exploitation that come within the scope of this right. The efforts
so far made by the State in this direction are marked by timidity rather than
determination.

The constitution of India recognized the rights of children and included

several articles dealing with their liberty, livelihood, and development of
childhood, non-discrimination in educational spheres, compulsory and free
education and prohibition of their employment in factories, mines and hazardous
industries.

According to Article 24, 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.

1
CONSTITUTIONAL PROVISIONS – CHILDREN RIGHTS and CHILD LABOUR

Article 21-A of the constitution states that “right to education-the state

shall provide free and compulsory education to all children of the age of six to
fourteen years in such a manner as the state may, by law determine.”

The Supreme Court in its liberal interpretation of life and liberty as under
Article 21 held that the term liberty not only includes liberty but also includes
livelihood but also the right of human beings to live with dignity and that also
includes the right to education, and therefore, right to education is a
fundamental right under the constitution. The case of Mohini Jain case came to
be fortified by the supreme courts subsequent constitution bench of
Unnikrishnan’s case, which held that right to education, can be restricted to
primary educational level and not to higher secondary level.

Article 45 Provision for early childhood care and education to children

below the age of six years-

The State shall endeavor to provide early childhood care and education for all
children until they complete the age of six years.

This article has been substituted by the Constitution (eighty-sixth

amendment) act, 2002 which received assent of the President on Dec. 12 2002.
By this amendment a new Article 21-A providing for right to education has also
been inserted. This is in keeping with the hope expressed in the Supreme Court
in Unnikrishnan[1] and Mohini Jain[2] that conversion of the State’s obligation
under Article 45 into a fundamental right would help achieve the goal at a faster
speed. This is now also a fundamental duty of parents and guardians to educate
such children as provided in clause (k) of Article 51-A.

Article 24 Prohibition of employment of children in factories, etc..- No

child below the age fourteen years shall be employed in work in any factory or
mine or engaged in any other hazardous employment.

[1] Unni Krishnan v. state of A.P., (1993) 1 SCC 645

[2] Mohini Jain v. State of Karnataka, (!992) 3 SCC 666
2
 Article 39 The State shall, in particular, direct its policy towards securing:-

(e) that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic necessity
to enter avocations unsuited to their age or strength.

(f) that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

This act was enacted on 23rd December 1986 by the parliament and was
enforced on 26th may 1993 by the central government. The act was ineffective
for over 8 years due to the inactiveness of the state and central government. The
object of the act is

(i) ban on the employment of children i.e., those who haven’t completed their
fourteenth year, in specified occupations;

(ii) lay down a procedure to decide modifications to the schedule of banned

occupation and processes;

(iii) regulate the conditions of work of children in employment where they are
not prohibited from working;

(iv) lay down enhanced penalties for employment of children in violation of the
provisions of this act, and other acts which forbid the employment of the
children;

(v) to obtain uniformity in the definition of “child” in the related laws

The intention of this act was to ban the engagements of child labour in
certain employments and to regulate in areas where it has not been prohibited.
It provides power to the government to make rules with reference to health and

3
safety wherever the employments of children are permitted. Night work for
children is prohibited. The hours of work for the children are also to be
considered by the state and the central governments.

The act enables the governments to appoint inspectors to enforce the

provisions of the act and it has also provided stringent penalties including
imprisonment for violations of the provisions of the act.

Any occupation which may be connected with transport of passengers,

goods and mails, cinder packing, construction of railways, selling of fire crackers,
etc….may be included as child labour activities. Process may include bidi-making,
carpet weaving, cement manufacture, cloth printing, weaving, dyeing,
manufacture of matches, explosives etc.. will fall under the category of child
labour.

THE CHILD LABOUR (PROHIBITION AND REGULATION) AMENDMENT ACT,

2016

The Child Labour (Prohibition and Regulation) Amendment Act, 2016

receives the assent of the President on 29th July, 2016. The Act came into force
in order to amend Child Labour (Prohibition and Regulation) Act, 1986.
Mentioned below are following amendments which have taken place due to the
amendment Act.

AMENDMENT IN LONG TITLE: “An Act to prohibit the engagement of children in

all occupations and to prohibit the engagement of adolescents in hazardous
occupations and processes and the matters connected therewith or incidental
thereto.”

AMENDMENT IN SHORT TITLE: “the Child Labour (Prohibition and Regulation)

Act, 1986”, the words, brackets and figures “the Child and Adolescent Labour
(Prohibition and Regulation) Act, 1986” shall be substituted.

4
SUBSTITUTION OF NEW SECTION FOR SECTION 3:

(1) No child shall be employed or permitted to work in any occupation or

process.

(2) Nothing in sub-section (1) shall apply where the child,— (a) helps his family or
family enterprise, which is other than any hazardous occupations or processes
set forth in the Schedule, after his school hours or during vacations; (b) works as
an artist in an audio-visual entertainment industry, including advertisement,
films, television serials or any such other entertainment or sports activities
except the circus, subject to such conditions and safety measures, as may be
prescribed: Provided that no such work under this clause shall effect the school
education of the child. Explanation.—For the purposes of this section, the
expression, (a) ‘‘family’’ in relation to a child, means his mother, father, brother,
sister and father’s sister and brother and mother’s sister and brother; (b) ‘‘family
enterprise’’ means any work, profession, manufacture or business which is
performed by the members of the family with the engagement of other persons;
(c) ‘‘artist’’ means a child who performs or practices any work as a hobby or
profession directly involving him as an actor, singer, sports person or in such
other activity as may be prescribed relating to the entertainment or sports
activities falling under clause (b) of sub-section (2).

INSERTION OF NEW SECTION 3A: No adolescent shall be employed or permitted

to work in any of the hazardous occupations or processes set forth in the
Schedule: Provided that the Central Government may, by notification, specify the
nature of the non-hazardous work to which an adolescent may be permitted to
work under this Act.

AMENDMENT OF SECTION 14: (a) for sub-section (1), the following sub-sections
shall be substituted, namely:— “(1) Whoever employs any child or permits any
child to work in contravention of the provisions of section 3 shall be punishable
with imprisonment for a term which shall not be less than six months but which

5
may extend to two years, or with fine which shall not be less than twenty
thousand rupees but which may extend to fifty thousand rupees, or with both:
Provided that the parents or guardians of such children shall not be punished
unless they permit such child for commercial purposes in contravention of the
provisions of section 3. (IA) Whoever employs any adolescent or permits any
adolescent to work in contravention of the provisions of section 3A shall be
punishable with imprisonment for a term which shall not be less than six months
but which may extend to two years or with fine which shall not be less than
twenty thousand rupees but which may extend to fifty thousand rupees, or with
both: Provided that the parents or guardians of such adolescent shall not be
punished unless they permit such adolescent to work in contravention of the
provisions of section 3A. (1B) Notwithstanding anything contained in sub-
sections (1) and (1A) the parents or guardians of any child or adolescent referred
to in section 3 or section 3A, shall not be liable for punishment, in case of the
first offence.”. (b) for sub-section (2), the following sub-sections shall be
substituted, namely:— “(2) Whoever, having been convicted of an offence under
section 3 or section 3A commits a like offence afterwards, he shall be punishable
with imprisonment for a term which shall not be less than one year but which
may extend to three years. (2A) Notwithstanding anything contained in sub-
section (2), the parents or guardian having been convicted of an offence under
section 3 or section 3A, commits a like offence afterwards, he shall be punishable
with a fine which may extend to ten thousand rupees.”. (c) clauses (a), (b) and (c)
of sub-section (3) shall be omitted.

Insertion of new sections 14 A, 14 B, 14 C, 14 D & 17 A and 17 B.

AMENDMENT OF SECTION 18 : (i) clause (a) shall be relettered as clause (b)

thereof and before clause (b), as so relettered, the following clause shall be
inserted, namely:— (a) the conditions and the safety measures under clause (b)
of sub-section (2) and other activities under clause (b) to Explanation of sub-
section (2) of section 3; (ii) in clause (b), as so relettered, for the words “Child

6
Labour Technical Advisory Committee”, the words “Technical Advisory
Committee” shall be substituted. (iii) clauses (b), (c) and (d) shall be relettered as
clauses (c), (d) and (e) thereof and in clause (c) as so relettered, for the word
“child”, the word “adolescent” shall be substituted; (iv) after clause (e), as so
relettered, the following clauses shall be inserted, namely:— “(f) the manner of
payment of amount to the child or adolescent under sub-section (4) of section
14B; (g) the manner of composition of the offence and payment of amount to
the appropriate Government under sub-section (1) of section section 14D; (h)
the powers to be exercised and the duties to be performed by the officer
specified and the local limits within which such powers or duties shall be carried
out under section 17A.”.

CASE STUDY

Unnikrishnan, J.P and other v. State of Andhra Pradesh and others [3] AIR 1993
S.C. 2178

The case involved a challenge by certain private professional educational

facilities to the constitutionality of state laws regulating capitation fees charged
by such institutions.

“The first question is whether the right to life guaranteed by Article 21 does not
take in the right to or not. It is then that the second question arises whether the
State is taking away the right as at present does not mean that right to education
is not included in right to life. The content of right of life is not to be determined
on the basis of existence or absence of threat of deprivation.

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 it does not mean the transferring Article
41 from Part IV to Part III. The judges stated that they were merely relying upon
Article 41 to illustrate the content of the right to education with the right to life.

[3] Unni Krishnan v. state of A.P., (1993) 1 SCC 645 7

The judges further stated that it is improper to believe that the State would not
provide education to its people even within the limits of its economic capacity
and development. Thus the court in the case of Unnikrishnan overruled the
judgment of Mohini Jain on the basis that right to education covers only the
primary level education and not the secondary level.

M.C.Mehta v. State of Tamil Nadu[4]

The court in M.C.Mehta v. State of T.N noted that menace of child labour
was widespread. Therefore, it issued wide ranging directions in the context of
employment and exploitation of children in Sivakasi prohibiting employment of
children below the age of 14 and making arrangements for their education by
creating a fund and providing employment to the parents or abled bodied adults
in the family.

These directions were reiterated in Bandhua Mukti Morcha v. Union of

India,[5] concerning the employment of children in carpet weaving industry in
India. The apex court took note of the sociological angle and possible resistance
from parents and society to the total elimination of child labour and in fact,
allowed the continuance of child labour in the case of Salal hydro project v. state
of J&K. That is why Article 24 limits the prohibition to only factories, mines and
other hazardous employment. The court had clearly lost an opportunity of
interpreting Article 24 as a charter for total elimination of child labour, and
making it compulsory for children to be found in school upto primary.

In the case of M.C.Mehta, justice M.M.Punchi expressed his thoughts on

child labour. He stated that “I see in this scheme (child labour) varied kind of
benefits accruing depending upon the social strata in which such schemes are
introduced. It would be an ideal transition to adulthood; it will provide a sence of
responsibility and instill confidence and pride in the work of the child; very
importedly the child will understand the concept of dignity and labour, it will be
an extremely constructive use of time by the child, and it will also be a welcome

[4] M.C.Mehta V. State of Tamil Nadu [7] (1996) 6 SCC 756

[5] Bandhua Mukti Morcha V. Union of India AIR 1997 SC 2218 8
source of income in the family….”. The judge was also quoted saying that the
elimination of child labour altogether would be harsh.

CONCLUSION

As justice Bhagwati has rightly quoted “the child is a soul with a being, a
nature and capacities of its own, who must be helped to find them, to grow into
the maturity, into fullness on physical and vital energy and most breadth, depth
and height of its emotional, intellectual and spiritual being” [6]. Children require
guidance and support. They do not know the technicalities of life. It is for citizens
like us to take their hand and show them the right way. The social workers play
an important role in eradicating social evils and thus they is need for stricter
analysis on their qualification and professional capacity.

Although there is much legislation by the government to curb many social

evils against children, the governments are not taking any enough steps to
ensure that children, the future citizens of our country are protected. These are
the children that would lead our country to a healthy and prosperous nation. The
final affirmation on child rights is possible only if there is international
cooperation and implementation of the right to development

TABLE OF CASES

1,3. Unni Krishnan v. state of A.P., (1993) 1 SCC 645

2. Mohini Jain v. State of Karnataka, (!992) 3 SCC 666

4. M.C.Mehta V. State of Tamil Nadu [7] (1996) 6 SCC 756

5. Bandhua Mukti Morcha V. Union of India AIR 1997 SC 2218

[6] Mr Justice Bhagwati, chid basic rights.op. cit. p. 5 9

 BIBLIOGRAPHY

1. V. N. Shukla’s Constitution of India

2. The Constitution of India by P.M Bakshi

3. www.legalservicesindia.com

4. http://blog.scconline.com

10