Legal action against child labour in India[edit] India has a legislation against child labour since 1986 which instead of preventing child labour, allows work by children in non-hazardous industry. Social activist Hemant Goswami had moved the courts against this particular provision and for the failure of the Government to prevent violation of child rights and widespread child labour,[64] his efforts against exploitation of children has forced the government to constitute Commission for Child Right in the State of Harayana, Punjab and Chandigarh.[65] On 9 April 2013, the Punjab and Haryana High Court gave landmark order on the writ-petition (PIL CWP 2693 of 2010) moved by Hemant Goswami. The court, accepted all the contentions and suggestions put forward by Hemant Goswami (who argued the case in-person) and directed that; There shall be total ban on the employment of children up to the age of 14 years, be it hazardous or non-hazardous industries. There shall be no forced labour even for children between the age of 14 years to 18 years; and whenever a child above the age of 14 years is forced to work, it has to be treated as an offence under Section 374 IPC and it is to be dealt with sternly. When any matter is brought to the notice of the State Commission (or for that matter suo motu cognizance taken by the State Commission) involving violation of child rights even where a child above the age of 14 year is employed, the State Commission under the CPCR Act will have the jurisdiction to deal with the same and pass necessary directions. The violators have to be dealt with effectively and in a speedy manner. Therefore, wherever violations are found, cases under the provisions of Part-IV of the Child Labour Prohibition Act have to be registered without delay in each and every case. Wherever the officers fail or neglect to take effective action immediately, apart from taking necessary disciplinary action, action can also be taken, in appropriate cases, under Section 166 IPC against such officers. There is also a need for rehabilitation of such children in the society. (Scheme suggested by Hemant Goswami was adopted by the Court, with the following main points; (a) Moving out the child from the exploitative environment (b) Ensuring Education (c) Ensuring Food/Meals/Clothes/ Necessities (D) Penalty/Compensation should be for the benefit of the Child (e) Regular Monitoring) The Chairperson of “State Commissions for Protection of Child Rights” should be a person who has been Judge of the High Court and the process of selection of the other six members of the “State Commissions for Protection of Child Rights” should entail issuance of public advertisement for inviting applications, interviewing eligible candidates and recommending a penal of names of suitable persons. States of Punjab and Haryana as well as U.T., Chandigarh shall also ensure that the State Commissions become fully functional by appointing Chairpersons and Members. Children’s Courts with specialised infrastructure be created.[66] The order is considred a landmark in "Child Right Protection" in India, as the court declared many existing provisions of the 1986 Indian Child Labour legislation as illegal and against the Constitution of India.
Posted on: Mon, 08 Jul 2013 16:45:03 +0000
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