M.C.

MEHTA VERSUSSTATE OF TAMIL NADU: JUDGEMENT OF

THE SUPREMECOURT OF INDIA. 1991*
(Coram:2. RANGANATH MISRA, C.J.I.AND
M. H. KANIA. JJ.)

therefore, thankful to Mr. Mehta for having

broughtthis matterbeforethe Court for receiving
judicial consideration.

ORDER:5. We are of the view that employment of

childrenwithin the match factoriesdirectly connectedwith the manufacturingprocessupto final
productionof match sticks or fireworks should
not at all be permitted. Article 39(0 of the
Constitutionprovidesthat'the Stateshoulddirect
its policy towardssecuringthatchildrenaregiven
opportunitiesandfacilitiesto developin a healthy
mannerandin conditionsof freedomanddignity,
2. Sivakasihasbeenthe traditionalcentrefor andthatchildhoodandyouthareprotectedagainst
manufactureof match boxes and fire works for exploitation and against moral and material
almostthe whole country and a part of its output abandonment'.
is even exported. From the affidavit of the State
6. The spirit of the Constitutionperhapsis that
it appearsthat as on December31, 1985,there
children should not be employedin factoriesas
were 221 registeredmatch factoriesin the area
childhoodis the formativeperiod and in termsof
employing27,338workmenof whom 2,941were
Article 45 they are meant to be subjectedto free
children. We would have been huppy to have
andcompulsoryeducationuntil they completethe
updatedparticularsbut, for the disposalof this
ageof 14years.The provisionof Article 45 in the
case,totalfigure andtheproportionbetweenadult
Directive Principles of State Policy has still
workmen and children perhapsmay be taken as
remaineda far cry and, though accordingto this
the foundation.
provisionall childrenup to the ageof 14yearsare
supposedto be in school, economic necessity
3. The manufacturingprocessof matchesand forcesgrown up childrento seekemployment.
fireworksis hazardousone.Judicialnoticecanbe
taken of the fact that almost every year, not7. Childrencan,therefore,be employedin the
withstanding improved techniquesand special processof packingbut packingshouldbe donein
caretaken,accidentsincluding fatal casesoccur. an area away from the place of manufactureto
Working conditions in the match factories are avoid exposureto accident.We are also of the
such that they involve health hazardsin normal view and learned counsel on both sides have
courseand apartfrom the specialrisk involvedin agreed that minimum wage for child labour
the processof manufacturing,the adverseeffect shouldbe fixed. We take note of the fact that the
on health is a seriousproblem.Exposureof the tenderhandsof theyoungworkersaremoresuited
tender aged to these hazardsrequires special to sorting out the manufacturedproduct and
attention.
processit for the purposesof packing. We are,
therefore,of the opinion that in considerationof
4. It is a fact that the problem has been in their specialadaptabilityat least 60 per cent of
existencefor over half a century,if not earlier, the prescribed minimum wage for an adult
andno appropriateattentionhasbeenfocussedon employeein the factories doing the same job
it eitherby the Governmentor the public.We are, should be given to them. Our indicating the
This petition under Article 32 of the Constitution hasbeenbroughtbeforethis Court by way
of a Public InterestLitigation and is connected
with the problem of employmentof children in
matchfactoriesof Sivakasiin KamarajDistrict of
Tamil Nadu State.On notice the Statehas filed
its return.

x AIR 1991,Supreme
Court417.
Source:
W r i tP e t n(.C )N o . 4 6 5o f 1 9 8 6D
, t .3 l - 1 0 - 1 9 9 0 .
(Judges
C.J.I.- ChiefJustice
of India,JJ- Justices
of theHigherCourts)
AIR All IndiaReporter,

366

JOURNALOF INDIANSCHOOLOF POLITICALECONOMY

APRIL-SEPT2OO4

minimum wage does not stand in the way of are regularlycoming to the area.He has told us
prescriptionof a higher rate,if theStateis satisfied further that four mobile vans are likely to be
that a higher rate is viable.
provided.The Stateis directedto takeimmediate
stepsto ensureprovision of additionalfacilities
8. It is necessarythat special facilities for on this score.Attention may be given to ensure
providingthe quality of life of childrenshouldbe provisionof abasicdietduringtheworkingperiod
provided. This would require facility for educa- and medicalcare with a view to ensurinssound
tion, scope for recreation as also providing physicalgrowth.
opportunityfor socialisation.Facility for general
educationas alsojob orientededucationshould
11. We are of the opinion that compulsory
be available and the school time should be so insuranceschemeshould be provided for. Both
adjustedthat employment is not affected.
adult and children employeestaking into considerationthe hazardousnature of employment.
9. We are happy to notice that the learned The Stateof Tamil Nadu shall, ensurethat every
counselfor the Stateof Tamil Naduhassuggested employee working in these match factories is
the creation of a Welfare Fund to which the insuredfor a sumof Rs 50,000/-andtheInsurance
registeredmatch factoriescan be askedto con- Corporation, it contacted,should come forward
tribute. Government can decide as to whether with viablegroupinsuranceschemeto
a
coverthe
contribution should be at a fixed rate per factory
employeesin thematchfactoriesof Sivakasiarea.
or made commensurateto the volume of proThe premium for the group insurancepolicy
duction. Learnedcounselfor the Stateof Tamil
shouldbe the liability of the employerto meet as
Nadu has agreedthat the Statewould be ready to
a conditionof service.
contributea matchinggrantto the Fund andeven,
if necessary,
a little more fundscouldbe provided
12. Though we are disposingof this petition
so that facilities for educationand recreationcan
with these directions we are cognisant of the
be provided for the children working in the
position that all the problems relating to
factories.We direct that the Stateof Tamil Nadu
of children are not coveredby the
shall take appropriate steps in the matter of employment
present
We leaveit openeitherto Mr.
directions.
creating the welfare fund and finalising the
other
agencyto move the Court
Mehta
or
some
methodof contributionand collectionthereofso
when
necessary
for further 0rder.
as
and
thatthe welfare fund may be setup by 1stJanuary,
1991.The matchingcontributionby the Statecan
13.We requirethat thereshallbe a committee
be put into the fund by the end of the financial
to
oversee
all our directionsand it shallconsistof
year 1990-91 so that the consolidatedmoney
District
Judgeof the area,the District Magthe
would be available for implementing welfare
Kamaraj
of
district, a public activist
istrate
scheme.
in
the
area,
a representativeof the
operating
local
labour
officer. The Stateof
10.UndertheFactoriesAct, thereis a statutory employeesand
requirementfor providing facilities for recreation Tamil Nadu is directedto depositRs 3,000/- in
and medical attention.The Stateof Tamil Nadu the Registry of this Court within four weeks for
is directedto enforcethesetwo aspectsso that the being given to Mr. Mehta for meeting his
basicrequirementsare attendedto. We have been expenses.
told by learnedcounselfor the Statethat mobile
Order accordingly.
medicalvanshavebeenprovidedby UNICEF and

voL.r6 Nos.2&3

M,C. MEHTA V. STATE OF TAMIL NADU

2. M.C. Mehtu v. State of T.N. AIR

SUPREME COURT 699

1997 education.Article 45 wasthereforeinsertedin our

paramountparchmentcasting a duty on the State
to endeavour to provide free and compulsory
Coram: 3 KULDIP SINGH. B.L. HANSARIA
education
to children, (It is known that this
AND S.B. MAJMUDAR. JJ.
provisionin Part IV of our Constitutionis, after
Judgement
thedecisionby a Constitutionbenchof this Court
in Unni Krishnan, has acquired the status of a
HANSARIA, J. :- 'I am the child,
fundamentalright). Our Constitution contains
All the world waits for my coming.
All the earth watcheswith interestto see what I some other provisions also to which we shall
advertlater, desiringthat a child must be given
shall become.
opportunityand facility to develop in a healthy
Civilization hangsin the balance.
For what I am, the world of tomorrow will be.
manner.
I am the child.
You hold in your handmy destiny.
3. Despitethe above,the starkreality it that in
You determine,largely, whetherI shall succeed
our country like many others, children are
or fail,
exploitedlot. Child labour is a big problem and
Give me, I pray you, thesethings that make for
has remained intractable,even after about 50
happiness.
despite
Train me, I beg you, that I may be a blessingto yearsof our havingbecomeindependent,
variouslegislativeenactments,to which we shall
the world'.
Mamie GeneCole
refer in detail subsequently, prohibiting
employmentof a child in a numberof occupations
It may be that the aforesaidappeallies at the and avocations.
backof the sayingthat 'child is thefatherof man'.
To enablefathering of a valiant and vibrant man,
3,A..In our country,Sivakasiwas one takenas
the child must be groomed well in the formative
the worst offender in the matter of violating
years of his life. He must receive education,
prohibition of employing child labour. As the
acquire knowledge of man and materials,and
blossomin such an atmospherethat on reaching situationtherehad becameintolerable,the public
age,he is found to be a man with a mission,a man spirited lawyer, Shri M.C. Mehta, thought it
who mattersso far as the societvis concerned. necessaryto invoke this court's power under
Article 32, asafter all the fundamentalright of the
2. Our Constitution makers, wise and saga- children guaranteedby Article 24 was being
ciousas they were,had known that India of their grosslyviolated.He, therefore,filed this petition.
vision would not be a reality if the childrenof the It once came to be disposedof by an order of
country are not nurturedand educated.For this, October31, 1990by noting that in Sivakasi,as
their exploitation by different profit makers for on December3 I 1985,therewere22I registered
,
their personalgain had to be first indicted.It is
match factoriesemploying 27,338 workmen of
this need. which has found manifestation in
whom 2,941werechildren.The Court then noted
Article 24, whrch is one of the two provisionsin
Part IV of our Constitutionon the fundamental that the manufacturing process of matches and
right against exploitation. The framers were fireworks (for the manufacture of which also
awarethatthisprohibitionalonewould not permit Sivakasi is a traditional center) is hazardous,
the child to contribute its mite to the nation- giving rise to accidentsincluding fatal cases.So,
building work unless it receives at least basic keeping in view the provisions contained in
tl993l I SCC645: [1993,AIR SCw 863],
SCC- Supreme
CourtCases.

JOURNALOF INDIANSCHOOLOF POLITICALECONOMY

APRIL-SEPT2OO4

(e) Facilitiesfor recreation,socialisationand

Articles 39(0 and45 of the Constitution,it gave
certaindirectionsas to how the quality of life of educationshouldbe providedeitherin the factory
children employed in the factories could be or closeto the factory.
improved.The Court also felt the need of con(f) Employersshouldmake arrangements
stituting a committee to overseethe directions
for
given.
providingbasicdietsfor the childrenand,in case
theyfail to do so,theGovernmentmay bedirected
4. Subsequently,suo motu cognisancewas to provide for basic diet - one meal a day protakenin the presentcaseitself when news about gramme of the State of Tamil Nadu for school
an 'unfortunateaccident',in one of the Sivakasi childrenmay be extendedto the child worker.
crackerfactorieswas published.At the direction
(g) piece-ratewagesshouldbe abolishedand
of the Court, Tamil Nadu Governmentfiled a
detailedcounterstating,inter alia,that numberof payment should be made on monthly basis.
personsto die was 39. The Court gave certain Wagesshouldbe commensurate
to the work done
directionsregardingthe payment of compensa- by the children.
tion, and thought that an advocatecommittee
(h) All the workers working in the industry,
shouldvisit the areaand make a comprehensive
reportrelatingto thevariousaspectsof the matter, whetherin registeredfactoriesor in unregistered
asmentionedin theorderof August14,1991.The factories,whetherin cottageindustry or on concommitteewas to consistof (1) Shri R.K, Jain,a tractbasis,shouldbe broughtunderthe Insurance
senioradvocate;(2) Ms. Indira Jaisingh,another Scheme.
and(3) ShriK.C. Dua,Advocate.
senioradvocate;
(i) Welfare Fund - For Sivakasiarea,instead
5. The committee has done a commendable of the presentcommittee,a committeeshouldbe
job. It submitteditsreporton I l- I 1-91containing headedby a retiredHigh Court Judgeor a person
many recommendations,
the summaryof which of equal status with two social workers, who
is to be found at pages24-25of thereport,reading shouldbe answerableeitherto this Hon'ble Court
as below :or to the High Court, as may be directedby this
(a)The Stateof Tamil Nadu shouldbe directed Hon'ble Court. Employersshouldbe directedto
to ensurethat children are not employedin fire- deposit Rs 2/- per month per worker towards
works factories.
welfarefund, and the Stateshouldbe directedto
give the matchingcontribution.The employersof
(b) The children employedin the match fac- all the industries, whether it is registered or
toriesfor packingpurposesmust work in separate unregistered,
whetherit is cottageindustryor on
premisesfor packing.
contractbasis,to depositRs 2i- per month per
worker.
(c) Employersshouldnot be permittedto take
work from the childrenfor more than six hoursa
0) e National Commission for children's
day.
welfare shouldbe set up to preparea schemefor
child labour abolition in a phasedmanner.Such
(d) Proper transportfacilities should be pro- a Commission should be answerableto this
videdby the employersandStateGovernmentfor Hon'ble Court directly and should report to this
travellingof thechildrenfrom their homesto their Hon'ble Court at periodical intervals about the
work placesand back.
progress.

voL. r6 Nos.2&3

M.C. MEHTA V. STATEOF TAMIL NADU

6. We put on record our appreciationfor the

9. The Governmentof India as well has been
commendablework done bv the committee.
apprisingitself aboutthe variousaspectsrelating
to child labourin variousindustries.A 16member
7. There is an affidavit of the Presidentof the committeehad come to be set up by a resolution
All India Chamberof Match Industries,Sivakasi, of the Labour Ministry dated6/7 February,1979
on record which contains its reaction to the under the chairmanshipof Shri M. S. Guruparecommendationof Committee.It is not neces- daswamy.The Committeesubmittedits reporton
sary to deal with this affidavit. Objectionto the 29-12-79 and made various recommendations
was alsofiled by which are containedin ChapterV. The Labour
Committee'srecommendations
surveyedthe problem
the President of Tamil Nadu Fireworks and Ministry, hadsubsequently
labour
departmentallyas a part of the
Amorces ManufacturesAssociation.We do not of child
proposeto traversethis affidavit as well. Both of observanceof International Child Year Prothese contain general statementsand denial of gramme.The report (dated24-6-81) mentions
what was found by the Committee.
aboutthe survey conductedin certain orgainsed
and unorganisedsectorsof industries.It contains
8. For the sake of completeness,it may be an accountof employment,wagesand earnings,
statedthat there are on record various reports working conditionsandwelfareactivitiesrelating
relating to working conditions,etc., of child to child labourboth in organisedand unorganised
labour at Sivakasi.First of thesereportsis of a sectors.Chapter III of the report contains the
of which whathasbeenstatedin para
Committee which had been constitutedby the conclusions,
Labour Departmentby the Tamil Nadu Govern- 4.5 deservesto be noted.The sameis as below:Extreme poverty, lack of opportunity for
ment, vide rts GO MS. dated 19-3-84,under the
Chairmanship of Thiru N. Haribhaskar. The gainfulemploymentandintermittancyof income,
reportof the Committeeis voluminous,as it runs and low standardsof living are the main reasons
into 181 pagesand containsa numberof annex- for the wide prevalenceof child labour.Though
ures. The Committee reviewed the working it is possible to identify child labour in the
conditions and measurestaken to mitigate the organisedsector,which forms a minusculeof the
sufferings of the child labour and has made total child labour,the problem relatesmainly to
various recommendationsin Chapter XI of its the unorganisedsector where utmost attention
report. We also have a work of Collector of needsto be paid. The problemis universalbut in
Kamarajar District titled Integrated Project for our caseit is more crucial.
the Betterment of Living Conditions of Women
and Children Employed in Match Factories in Magnitude of the Problem
Sivakasiarea. This work is of October 1985.
Thereis yet anotherreportdealingwith thecauses
10. Sivakasihas ceasedto be the only centre
fire
explosions
which
child labour.The malady is no longer
circumstances
of
the
employing
and
had taken place on 12-7-91 at Dawn Amorces confinedto that place.
Fireworks Industries and it contains remedial
11. A write-up in Indian Express of
measures.The final report relating to Sivakasi
Workers is of 30th March, 1993 this relatesto 25-10-1996has describedBhavnagaras another
elimination of child labour in the match and Sivakasiin making, as that town of about four
firework industriesin Tamil Nadu. The repre- lakh population has at least 13,000 children
sentativesof the Departmentsof Labour and employedin 300 different industries.The probEmployment,SocialWelfare and Educationhad lem of child labour in India hasindeedspreadits
preparedthis report in collaborationwith UNI- fang far and wide. This would be apparentfrom
'A proposed strategy the chart which finds placein the commendable
CEF and it speaks of
work of social authropologistof United Nations
framework'.

370

JOURNALOF INDIANSCHOOLOF POLITICALECONOMY

APRIL-SEPT2OO4

Volunteer,NeeraBurra,publishedunderthe title XXII to XXIV of the book. It is useful to extract

Born to Work: Child Labour in India, as at pages that chart.It is as below:Industry
Workers
0)

Total Workers Child Workers

Location

(3)

(2)

12,000
15,000
I,00,000
30,000
60,000

Slatepencil
Slate
Diamond-cutting
Agate-cutting
Gem polishing

Mandsaur,Madhya Pradesh
Markapur, Andhra Pradesh
Surat, Gujarat
Cambay, Gujarat
Jaipur, Rajasthan

Power loom
Cotton hosiery
Carpet weaving
Carpet weaving
Carpet weaving

Bhiwandi, Maharashtra
Tiruppur, Tamil Nadu
Mirzapur-B hadohi, Uttar Pradesh
Jammu and Kashmir
Rajasthan

Lock-making
-- do -Pottery
BrassWare
-- do --

Aligarh,
Uttar pradesh
Khurja, Uttar Pradesh
Moradabad,
Uttar Pradesh

Match
Glass
Silk and silk products
Textile
Knives

Sivakasi,Tamil Nadu
Firozabad,Uttar Pradesh
Varanasi,Uttar Pradesh
Varanasi,Uttar Pradesh
Rampur, Uttar Pradesh

Handicrafts
Silk weaving
Brocade and Zai industry

(4)
I,000
app.3,750
15,000
notknown
13,600

Percentageof
Child Workers
to Total

(s)

8.3
25.0
15.0
22.6

15,000
8,000
1,50,000
I,00,000
12,000

75.0
25.0
40.0

80,000
90,000
20,000
l,50,000

7,000
10,000
5,00
40,000
45,000

8.7
ll.l
25.0
25.6
30.6

notknown
2,00,000
I 1,900
3,5r2
notknown

45,000
50,000
4,409
I,108
3,000

90,000
notknown
notknown

26,478
10,000
3,00,000

Brick-kilns

Jammu and Kashmir

Bihar
Varanasi and other centres,Uttar Pradesh
West Bengal

notknown

35,000

Beedi
Circus industry

India
40 major circuses

3,275_,000

3,27_5,00

Handloom and Handicraft

Industry

Jammu and Kashmir

I, 16,000

28,348

3,00,000
30,000
2,00,000
app.4,00,000
30,000

5.0
11 a
JJ..]

25.0
37.0

1i'

29.42

10.0
12percentof
theentire
labourstrengh
25.0

(Sourcematerialomitted).

11A. Accordingto the 1971Census4.66 per

cent of the child populationin India consistedof
working children.In absolutenumbers;the 197|
Censusput the figure at 10.7 million working
children.On the basisof NationalSampleSurvey
27th round 11972-13lthe number of working
children as on March, 1973 in the age group of
5-14 yearsmay be estimatedat 16.3million and

basedon the 32nd round at 16.25million on lst

March,I978 (14.68million ruraland 1.57million
urban).Accordingto 1981Censusthe figure has
goneto 11.16million working children.As estimatedby thePlanningCommissionon lstMarch,
1983, there would be 15.70 million child
labourers,(14.03rural and L67 urban)in the age
groupof l0-14 years.The NationalSampleSur-

v o L .r 6 N o s . 2 & 3

M.C. MEHTA V, STATE OF TAMIL NADU

vey Organisationestimatesthe numberat 17.58

million in 1985.None of the official estimates
includedchild workersin the unorganisedsector,
and therefore, are obviously gross underestimates.Estimatesfrom variousnon-governmental
sources as to the actual number of working
childrenrange from 44 million to 100 million.
(Figures of l98l Census have been quoted
becausethereportrelatingto 1991Censushasnot
yet been made public. It is understoodthat the
sameis underpublication).
12. The aforesaid profile shows that child
labour by now is an all-India evil, though its
differs from areato area.So, without a
acuteness
concertedeffort, both of the CentralGovernment
and various State Governments,this ignominy
would not get wiped out. We have, therefore,
thought it fit to travel beyond the confines of
Sivakasi to which place this petition initially
related.In our view, it would be more appropriate
to deal with the issue in wider spectrum and
broaderperspectivetaking it as a nationalproblem and not appertainingto any oneregionof the
country. So, we would addressourselvesas to
how we can, and are required to, tackle the
problem of child labour, solution of which is
necessaryto build a betterIndia.
Constitution Call

39(0. thatchildrenaregivenopportunitiesand
facilities to developin a healthy mannerand
in conditionsof freedomand dignity, and that
childhood and youth are protected against
exploitation and againstmoral and material
abandonment.
41. Right to work, to educationand to public
in certaincasesassistance
The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to
work, to educationand to public assistance
in
casesof unemployment,old age,sicknessand
disablement,and in othercasesof undeserved
want.
45. Provisionfor free and compulsoryeducation for children.The Stateshallendeavourto provide,within a
period of ten yearsfrom the commencement
of this Constitution,for free and compulsory
educationfor all children until they complete
the ageof fourteenyears.
47. Duty of the State to raise the level of
nutrition and the standardof living and to
improvepublic healthThe Stateshall regardthe raising of the level
of nutrition and the standardof living of its
peopleand the improvementof public health
asamongits primary dutiesand,in particular,
the Stateshall endeavourto bring about prohibition of the consumption, except for
medicinalpurposes,of intoxicatingdrinks and
of drugswhich are injurious to health.

13.To accomplishthe aforesaidtask,we have

first to note the constitutionalmandateand call
on the subject,which are containedin the following articles:
24. Prohibition of employmentof children in
14.Of theaforesaidprovisions,the onefinding
factories,etc. No child below the ageof fourteenyearsshall placein Article 24has been a fundamentalright
be employedto work in any factoryor mine or eversince28thJanuary,1950.Article 45 too has
engagedin any other hazardousemployment. been raisedto high pedestalby Unni Krishnan,
11993AIR SCW 8631which was decidedon 4th
39(e).that the healthand strengthof workers, February, 1993.Though other articlesare part of
menandwomen,andthe tenderageof children directiveprinciples,theseare fundamentalin the
are not abusedand that citizensare not forced governanceof our countryand it is the duty of all
by economic necessityto enter avocations the organsof the State(a Ia Article 3l) to apply
unsuitedto their age or strength;
theseprinciples.Judiciary,being also one of the

372

]OURNAL OF INDIAN SCHOOL OF POLITICAL ECONOMY

threeprincipalorgansof the State,hasto keepthe

samein mind whencalleduponto decidematters
of great public importance.Abolition of child
labour is definitely a matter of greatpublic concernand significance.
International Commitment

APRIL-SEPT2OO4

practicalimmediatelyto prescribeminimum ages

for admissionto eachand every areaof employment in India, the Governmentof India undertakes to take measures to progressively
implement the provisions of Article 32,
particularlyParagraph2(a), in accordancewith
its nationallegislationand relevantinternational
instrumentsto which it, is a StatePartv'.

15. It would be appositeto appriseourselves

17.Article32 of whichmentionhasbeenmade
alsoaboutour commitmentto world community.
For the caseat hand,it would be enoughto note in the instrumentof accessionreadsas below:
1. StatePartiesrecognisethe right of the child
that India has acceptedthe Convention on the
to be protectedfrom economic exploitation
Rightsof the Child, which was concludedby the
andfrom performingany work thatis likely to
UN GeneralAssemblyon 20th November,1989.
be hazardousor to interferewith the child's
This Convention affirms that children's right
education,or to beharmfulto thechild's health
requirespecialprotectionand it aims,not only to
provide such protection but also to ensurethe
or physical,mental,spiritual,moral or social
development.
continuousimprovementin the situationof chil2. StatePartiesshall take legislative,admindren all over the world, as well as their developpeace
istrative,social and educationalmeasuresto
education
in
conditions
of
and
ment and
ensure the implementation of the present
security.Thus, the Conventionnot only protects
article.To this end, and having regardto the
the child's civil and political rights, but also
relevant provisions of other international
extendsprotectionto child's economic,social,
instruments,StatePartiesshall in particular:
culturaland humanitarianriehts.
(a) Providefor a minimum ageor minimum
agesfor admissionto employment;
16. The Governmentof India depositedits
(b) Providefor appropriateregulationof the
instrumentof accessionto the above-mentioned
hoursand conditionsof employment;
Conventionson December 11, 1992 with the
(c) Providefor appropriatepenaltiesor other
That instruUnited Nation's Secretary-General.
'While
sanctionsto ensure the effective enforcement containsthe following declaration.
ment of the presentarticle.
fully subscribingto the objectivesand purposes
of the Convention,realising that certain of the
rightsof the child, namelythosepertainingto the Statutory Provisions
economic,social and cultural rights can only be
18.We may now note as to how the problem
progressively implemented in the developing
countries, subject to the extent of available of child labour has been viewed by our policy
resourcesand within the framework of interna- makersand what efforts have beenmade to take
tionalco-operation;recognisionthat thechild has care of this evil. We have shown our concernin
to be protectedfrom exploitation of all forms this sphereever since the InternationalLabour
setup in 1919underthe Leagueof
includingeconomicexploitation;notingthat for Organisation,
work
had
felt
thatthereshouldbe international
Nations,
severalreasonschildrenof differentagesdo
prescribed
guidelines
which
the employmentof children
minimum
ages
for
by
in India; having
age
could
beregulatedin industrial
in
hazardous
occupations
and
in
under
a
certain
employment
proregulatory
It,
therefore,
suggestedthat the
having
made
undertakings.
other
areas;
certain
visions regarding hours and conditions of minimum age of work be 12 years. The same
employment; and being aware that it is not requiredratificationby theGovernmentof British

v o L .r 6 N o s . 2 & 3

M,C. MEHTA V. STATE OF TAMIL NADU

India; and during the Legislative Assembly

debates,the questionof raisingthe minimum age
from nine to 12 years has createda furor. The
Hon'ble Sir Thomas Holland had said in the
LegislativeAssemblyin February I92l thatif the
minimum agewere raised,the samewould upset
the organisationalset-up of most textile mills
which were the principal employeesof children.
On the otherhand,therewere thosewho felt that
the answer to the problem lay in compulsory
primary education.The House ultimately was
divided with 32 membersvoting for raising the
minimum ageto 12 and40 voting againstit. The
Assembly, therefore, recommended to the
Governor-General-in-Councilthat the Draft
Convention should be ratified with certain
observations.

373

by parentsto employersin returnfor small sums

of money; and as this system was found to be
indefensible,it recommended that any bond
placing a child shouldbe regardedas void.

2l.The recommendations
of the Commission
cameto be discussedin the LegislativeAssembly
and the Children(Pledgingof Labour) Act, 1933
came to be passed,which may be said to be the
first statutory enactment dealing with child
labour. Many statutescame to be passedthereafter. As on today, the following legislative
enactmentsare in force prohibiting employment
of child labour in differentoccupations:
(i) Section 67 of the Factories Act. 1948:
'Prohibition of employment
of young
children:19. May it be stated that the International
No child who hasnot completedhis fourteenth
Labour Organisation has been playing an
year shall be requiredor allowed to work in
important role in the processof gradual elimiany factory'.
nationof child labourandto protectchildrenfrom
industrialexploitation.It has focussedfive main
(ii) Section24 of the PlantationLabour Act,
is s ues :1951
:
1. Prohibitionof child labour.
'No child who has not
completedhis twelfth
2. Protectingchild labourersat work.
year
shall
required
be
or
allowed to work in
3. Attacking the basiccausesof child labour.
plantation'.
any
4. Helping childrento adoptto future work.
5. Protectingthe children of working parents.
(iii) Section109of theMerchantShippingAct,
1951;
Till now 18 Conventionsand 16 recommendationshavebeenadoptedby the ILO in the
"No personunderfifteen yearsof ageshall be
interestof working children all over the world.
engagedor carried to sea to work in any
capacityin any ship,except20. To continue our narrationof stepstaken
(a) in a school ship, or training ship, in
here,a Royal Commissionon Labour cameto be
accordancewith the prescribedconditions;
establishedin1929to inquireinto variousmatters
or
relatingto labourin this country.The reportcame
(b) in a ship in which all personsemployed
to be finalisedin 1931.It broughtto light many
are membersof one family; or
inequitiesand shockingconditionsunderwhich
(c) in a home-tradeship of less than two
childrenworked.The Commissionhadexamined
hundred
tons gross;or
the conditionsof child labour in different indus(d)
wheresuchpersonis to be employedon
triesandhadfound thatchildrenhadbeenobliged
nominalwagesand will be in the chargeof
to work any numberof hoursper day as required
his fatheror otheradult nearmale relative'.
by their masters.It was alsofound that they were
subjectto corporalpunishment.The Commission
(iv) Section45 of the Mines Act, 1952:had felt great concernat the placing of children

374

JOURNALOF INDIANSCHOOLOF POLITICALECONOMY

( 1) 'No childshallbeemployedin anymine,

nor shall nay child be allowedto be present
in any part of a mine which is below ground
or in any part (opencastworking) in which
any mining operationis being carriedon.
(2) After such date as the Central Government may, by notification in the Official
Gazette,appointin thisbehalf,no child shall
beallowedto bepresentin anypartof a mine
above ground where any operation connected with or incidental to any mining
operationis being carriedon'.

APRIL.SEPT2OO4

22.Theaforesaidshowsthatthelegislaturehas
stronglydesiredprohibition of child labour.Act
61 of 1986is,exfacie,a bold step.The provisions
of this Act, otherthan PartIII, came into force at
once and for Part III to come into force, a
notificationby the Central Governmentis visualisedby Section l(3), which notificationcovering all classesof establishments
throughoutthe
territory of India was issuedon May 26, 1993.

23. Section 3 of this Act has prohibited

employmentof children in certain occupations
Part A of the Scheduleto the Act
and processes.
(v) Section2l of the MotorTransportWorkers containsthe namesof the occupationsin which
no child can be employedor permittedto work;
Act, 1961:'No child shallbe requiredor allowedto work andin ParaB namesof someprocesses
havebeen
in
which
no
mentioned
child
can
be
employed
or
in any capacityin any motor transportunderpermittedto work. It would be profitableto quote
t ak in g ' .
Parts A and B of the Schedulewhich read as
below:
(vi) Section3 of the ApprenticesAct, 1961:Qualifications for being engaged as an
Part A
apprentice:-A personshallnot be qualifiedfor
Occupations
being engagedas an apprenticeto undergo
Any occupationconnectedwith apprenticeshiptraining in any designated
( 1) transportof passengers,
goodsor mails by
trade,unlessherailway;
(a) is not lessthanfourteenyearsof age,and
(2) cinder picking, clearing of an ash pit or
(b) satisfiessuchstandardsof educationand
building operationin the railway premises;
physicalfitnessas may be prescribed:
(3) work in a catering establishmentat a
Provided that different standardsmay be pre- railway station involving the movement
of a
scribedin relation to apprenticeshiptraining vendor or any other employeeof the establishin different designatedtradesand for different ment from one platform to anotheror into or out
categoriesof apprentices.
of a moving train;
(vii) Section24 of Beedi and Cigar Workers
(Conditionsof Employment)Act, 1966:'Prohibition of employmentof children - No
child shall be requiredor allowed to work in
any industrialpremises'.
(viii) Child Labour (Prohibition and Regulat io n )Ac t, 1 9 8 6(A c t 6 1 o f 1 9 8 6 ).
(ix) Shops and Commercial Establishment
Acts underdifferentnomenclatures
in various
States.

(4) work relatingto the constructionof railway

stationor with any other work where such work
is done in close proximity to or between the
railway lines; and
(5) a port authority within the limits of any
port.
PartB:
Processes
(1) Bidi-making.
(2) Carpet-weaving.
(3) Cementmanufacture,includingbaggingof
cement.

voL. 16NOS.2&3

M.C, MEHTA V, STATE OF TAMIL NADU

(4) Cloth printing,dyeingand weaving.

(5) Manufactureof matches,explosivesand
fire-works.
(6) Mica-cuttingand splitting.
(7) Shellacmanufacture.
(8) Soapmanufacture.
(9) Tanning
( 10)Wo o l -c l e a n i n g .
(11) Building and constructionindustry.

Failure : Causes

25. We have,therefore,to seeas to why it is

that child labour has continued, despite the
aforesaidstatutoryenactments.This has been a
subjectof study by a good number of authors.It
would be enoughto note what has beenpointed
out in Indian Child Labour by Dr. J. C. Kulshreshtra.This aspecthasbeendealt in ChapterII.
Accordingto the author,the causesof failure are
24. Section 14 of the Act has provided for : (1) poverty; (2) low wages of the adult; (3)
punishment upto 1 year (minimum being 3 unemployment; (4) absence of schemes for
months)or with fine upto Rs 20,000/-(minimum family allowance;(5) migration to urban areas;
(7) children being cheaply
being ten thousand)or with both, to one who (6) large families;
(8)
non-existence
of provisionsfor
available;
employsor permits any child to work in contra(9)
illiteracy
and ignoeducation;
compulsory
ventionof provisionsin Section3. Even so, it is
(10) traditional attitudes.
parents;
of
and
rance
commonexperiencethat child labour continues
Nazir Ahmad Shah has also expressedsimilar
to be employed.As to why this has happened,
views in his book Child Labour in India. In the
despitethe Act of 1986,hascometo be discussed
arriclear pages65 to 68 of 1993(3) SCJ (Journal
by Neera Burra, in her afore-mentionedbook at
'Causesof the exploitationof child
Section)titled
pages246 to 250 of the 1995edition.It hasbeen
labour in India', Dr. Amar Singh and Raghufirst pointed out that the occupationsand provinder Singh, who are attached to Himachal
cessesdealt by the Act are the sameaboutwhich
PradeshUniversitv.have takenthe sameviews.
the repealedstatute (Employment of Children
Act, 1938)had mentioned,exceptthat in PartB,
26. Of the aforesaidcauses,it seemsto us that
one process has been added the same being
'building and constructionindustry'.According povertyis the basicreasonwhich compelsparents
of a child, despitetheir unwillingness,to get it
to Neera,there are a numberof loopholesin the employed.The SurveyReportof the Ministry of
'completely
ineffective Labour (supra)had also so stated.Otherwise,no
Act which have made it
instrumentfor the removal of children working parents,specially no mother, would like that a
in industry'. Oneof theclearloopholesmentioned tender aged child should toil in a factory in a
is that childrencan continueto work if they area difficult condition, instead of it enjoying its
for our childhoodat home underthe paternalgaze.
part of family of labour.It is not necessary
purposeto go into other infirmities pointed out.
it deservesto be pointedout that the What to Do ?
Nonetheless,
'hazardous'anywhere,
Act doesnot usethe word
the implication of which is the children may
27.Itmay be that theproblemwould be taken
not involving careof to someextentby insistingon compulsory
continueto work in thoseprocesses
chemicals. Neera had tried to show how education.Indeed,Neerathinks that if thereis at
impracticable and unrealistic it is to draw a all a blueprintfor tackling the problem of child
distinction between hazardous and non- labour,it is education.Even if it were to be so,
in a particularindustry.The the child of a poor parent would not receive
hazardousprocesses
suggestiongiven is that what is requiredis to list education,if per force it has to earn to make the
the whole industry as bannedfor child labour, family meet both the ends.Therefore,unlessthe
which would make the task of enforcementsim- family is assuredof income aliunde,problem of
pler and strategiesof evasionmore difficult.
childlabourwouldhardlygetsolved;andit is this

376

JOURNAL OF INDIAN SCHOOL OF POLITICAL ECONOMY

APRIL.SEPT2OO4

vital questionwhich has remainedalmost unat28. As the aforesaid income could not be
tended.We are,however,of the view that till an enoughto dissuadethe parent/guardianto seek
alternativeincome is assuredto the family, the employmentof the child, the Stateowesa duty to
questionof abolitionof child labourwould really come forward to dischargeits obligation in this
remaina will-o-thewisp.Now, if employmentof regard. After all, the aforementionedconstituchild below that age of 14 is a constitutional tional provision has to be implementedby the
indicationinsofaras work in any factory or mine appropriateGovernment,which expressionhas
or engagementin other hazardouswork, and if it beendefinedin Section2(i) of the Act to mean,
hasto be seenthatall childrenaregiveneducation in relationto establishmentunder the control of
till the age of 14 yearsin view of this being a the Central Governmentor a railway adminisfundamentalright now, and if the wish embodied tration or a major port or a mine or oil field, the
in Article 39(e) that the tenderageof childrenis Central Government,and in all other casesthe
not abusedand citizens are not forced by eco- StateGovernment.
nomic necessityto enter avocationunsuitedto
29. Now, strictlyspeaking,a strongcaseexists
their age, and if children are to be given
invoke
to
the aid of an Article 4l of the Constiopportunitiesandfacilitiesto developin a healthy
regarding
the right to work and to give
tution
mannerand childhoodis to be protectedagainst
what
has
meaning
to
beenprovidedin Article 47
exploitationsas visualisedby Article 39(f, it
raising
relating
to
of
standardof living of the
seemsto us that the leastwe oughtto do is seeto
population,and Articles 39(e) and (f) as to nonthe fulfilment of legislativeintendmentbehind
abuse of tender age of children and giving
enactmentof the Child Labour (Prohibitionand
opportunitiesand facilitiesto them to developin
Regulation) Act, 1986. Taking guidancetherehealthymanner,for askingthe Stateto seethat an
from, we are of the view that the offending
adult member of the family, whose child is in
employermust be askedto pay compensationfor
employmentin a factory or a mine or in other
every child employed in contraventionof the
hazardouswork, gets a job anywhere,in lieu of
provisionsof the Act a sum of Rs 20,0001-;and
the child. This would also see the fulfilment of
theInspector,whoseappointmentis visualisedby
the wish containedin Article 4l afterabouthalf
Section17 to securecompliancewith the provia centuryof its beingin theparamountparchment,
sionsof theAct, shoulddo thisjob. The inspectors like primary education desired
by Article 45,
appointedunder Section 17 would see that for havingbeengiventhe statusof fundamentalright
eachchild employedin violationof theprovisions by the decision in Unni Krishnan,
[993, AIR
of the Act, the concerned employer pays Rs SCW 8631.We are,however,not askingthe State
20,000/-which sum could be depositedin a fund at this stageto ensurealternativeemploymentin
to be known as Child Labour Rehabilitation- every casecoveredby Article 24, as Article 41
cum-WelfareFund.The liability of the employer specksabout right to work 'within the limits of
would not ceaseeven if he would desire to the economiccapacity and developmentof the
disengagethe child presentlyemployed.It would State'.The very large numberof child-labourin
perhapsbe appropriateto havesucha fund district the aforesaidoccupationswould requiregiving of
wise or area wise. The fund so generatedshall jobs to a very large numberof adults,if we were
form corpuswhoseincome shallbe usedonly for to ask the appropriateGovernment to assure
the concernedchild. The quantumcould be the alternativeemployment in every case, which
income earnedon the corpus depositedqua the would strainthe resourcesof the State,in caseit
child. To generategreaterincome, fund can be would not have been aboveto securejob for an
deposited in high yielding scheme of any adult in a privatesectorestablishmentor, for that
nationalisedbank or other public body.
matter,in a public sectororganisation.
We, are

voL. t6 Nos.2&3

M.C. MEHTA V. STATE OF TAMIL NADU

not issuing any direction to do so presently. The glassindustryin Firozabad,Uttar Pradesh.

Instead,we leave the matter to be sortedout by The brass-wareindustry in Moradabad, Uttar
theappropriateGovernment.In thosecaseswhere Pradesh.
it would not be possible to provide job as The hand-madecarpet industry in Mirzapurabove-mentioned,the appropriateGovernment
Bhadohi,Uttar Pradesh.
would, as its contribution/grant,deposit in the
The lock-making industry in Aligarh, Uttar
aforesaidfund a sum of Rs 5,000/-for eachchild
Pradesh.
employed in a factory or mine or in any other
The slateindustryin Markapur,Andhra Pradesh.
hazardousemployment.
The slateindustryin Mandsaur,Madhyapradesh.
30. The aforesaidwould either see an adult
(whosenamewould be suggestedby the parent/ (3) The employment to be given as per our
guardianof the concernedchild) getting a job in direction could be dovetailed to other assured
lieuof thechild,ordepositofa sumof Rs 25,000/- employment.On this being done, it is apparent
in the Child Labour Rehabilitation-cum-Welfare
thatour directionwould not requiregenerationof
Fund.In caseof gettingemploymentfor an adult,
much additionalemployment.
the parent/guardianshall have to withdraw his
child from thejob. Even if no employmentwould
shallhaveto see (4) The employmentso given could aswell be the
be provided,the parenVguardian
thathis child is sparedfrom therequirementto do industry where the child is employed- a public
thejob, as an alternativesourceof incomewould undertaking,and would be manual in nature
have becomeavailableto him.
inasmuchasthechild in questionmustbe engaged
in doing manual work. The undertakingchosen
31. To give shapeto the aforesaiddirections, for employmentshall be one which is nearestto
we require the concerned States to do the
the placeof residenceof the family.
following:(1) A surveywould be madeof the aforesaidtype
(5) In thosecaseswhere alternativeemployment
of child labourwhich would be completedwithin
would
not be made available as aforesaid,the
six month from today.
of the concernedchild would be
(2) To start with, work could be taken up parent/guardian
regardingthose employmentswhich have been paid the income which would be earnedon the
mentionedin Article 24, which may be regarded corpus,which would be a sum of Rs 25,000/-for
as core sector,to determinewhich the hazardous eachchild, every month.The employmentgiven
aspect of the employment would be taken as or paymentmade would ceaseto be operativeif
criterion.The most hazardousemploymentmay thechild would not be sentby theparentlguardian
rank first in priority, to be followed by compar- for education.
atively less hazardoursand so on. It may be
mentionedhere that the National Child Labour
(6) On discontinuationof the employmentof the
Policy,asannouncedby theGovernmentof India,
child, his educationwould be assuredin suitable
hasalreadyidentifiedsomeindustriesfor priority
institutionwith a view to make it a bettercitizen.
action, and the industries so identified are as
It may be pointed out that Article 45 mandates
below:compulsoryeducationfor all children until they
The match industryin Sivakasi,Tamil Nadu.
The diamondpolishingindustryin Surat,Gujarat. completethe ageof l4 year; it is alsorequiredto
The preciousstonepolishingindustryin Jaipur, be free. It would be the duty of the Inspectorsto
Rajasthan.
seethat this call of the Constitutionis carriedout.

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JOURNALOF INDIANSCHOOLOF POLITICALECONOMY

(7) A district could be the unit of collectionso

that the executive head of the district keeps a
watchful eye on the work of the Inspectors.
Further,in view of the magnitudeof the task, a
separatecell in the Labour Departmentof the
appropriate Government would be created.
Monitoring of the schemewould also be necessary and the Secretaryof the Departmentcould
perhapsdo this work. Overall monitoring by the
Ministry of Labour,Governmentof India, would
be beneficialand worthwhile.
(8) The Secretaryto the Ministry of Labour,
Governmentof India would apprisethis Court
within one year of today aboutthe complianceof
aforesaiddirections.If the petitionerwould need
any further or other order in the light of the
compliancereport,it would be opento him to do
so.

APRIL.SEPT2OO4

betterIndia. In this context,it is worth pointing

out that poverty as suchhasnot stoodin the way
of otherdevelopingcountriesfrom taking careof
child labour. It has been pointed out by Myron
Weiner (at page 4 of l99l Edition) of his book
The Child and the State in India, that India is a
significantexceptionto the global trend toward
theremovalof childrenfrom the labourforce and
the establishmentof compulsory,universalprimary school education,as many countriesof
Africa, like Zambia,Ghana,Ivory Coast,Libya,
Zimbabwe,with incomelevels lower than India,
havedonebetterin thesematters.This showsthat
what has causedthe problem of child labour to
persisthereis really not dearthof resources,but
lack of real zeal.Let this not continue.Let us all
put our head and efforts together and assist the
child for its good and greatergood of the country.

33. The writ petition is disposedof accord(9) We should also like to observethat on the
ingly.
directionsgiven being carried out, penal provisionscontainedin the affronted 1986Act would
34.We part with the fond hopethat the closing
be used where employment of child labour,
years
of the twentieth century would see us
prohibitedby the Act, would be found.
keepingthe promisemadeto our childrenby our
jobs are con- Constitution about half-a-centuryago. Let the
(10) Insofar as the non-hazardous
cerned,the Inspectorshall have to see that the child of twenty-firstcenturyfind himself into that
'heavenof freedom of which our poet laureate
working hoursof the child are not more thanfour
to six hoursa day andit receiveseducationat least RabindranathTagorehasspokenin Gitanjali.
for two hourseachday. It would alsobe seenthat
35.Let acopyof thisjudgmentbesentto Chief
the entire cost of education is borne bv the
Secretariesof all the State Governmentsand
employer.
Union Territories;so also to the Secretary,Min32. The task is big, but not as to prove either istry of Labour, Governmentof India for their
unwieldy or burdensome.The financial implica- informationand doins the needful.
tion would be suchas to prove a damper,because
the money after all would be used to build up a
Order accordingly.

voL.r6 Nos.2&3

M.C. MEHTA V. STATE OF TAMIL NADU

POSITION ON THE IMPLEMENTATION OF THE

DIRECTIONS OF THE SUPREMECOURT OF INDIA
WRIT PETITION (CIVIL) NO. 465/1986$
In brief, the position regardingcomplianceof
the directionsof the SupremeCourt of India as
containedin thejudgementofDecember10,1996
is as under:
x
The first phaseof surveyhasbeencompleted
in all the State Governmentsand Union
Territoriesexceptin the Stateof Nagaland.
*
Most of the State Governments had
appointedInspectorsunderSectionl7 of the
Child Labour (Prohibition and Regulation)
Act 1986 and wherever it was considered
necessary,officers from other Departments
were also mobilised,pooled and notified as
such so that the directionsof the Hon'ble
Court could be fully compliedwith.
*
On the basisof the informationreceivedso
far, it is seenthat in the StateGovernments
and Union Territory Administrations of
AndhraPradesh,Goa,Harayana,Karnataka,
Kerala, Madhya Pradesh, Maharashtra,
Orissa,Punjab,Tamil Nadu, Tripura, Uttar
Pradeshand West Bengal recovery notices
have already been issuedto the offending
employers for collection of compensation
amounting@Rs20,000per child employed
in contraventionof the provisionsof the Act.
The StateGovernmentsand Union Territories Administrations of Andaman and
Nicobar Island, Dadra and Nagar Haveli,
Chandigarh,DamanandDiu, Lakshadweep,
Mizoram, Pondicherry and Sikkim have
reportedthat it is not necessaryto issuesuch
noticesas no child labour hasbeenfound to
have been employed in hazardousoccupations. Recovery notices in the State of
Meghalaya are in the process of being
served.

The StateGovernments,whereemployment
of child labourin hazardousoccupationshas
beenfound,havealreadyinitiatednecessary
action for the constitution of the Child
Labour Rehabilitation-cum-Welfare
Funds
at the district level in accordancewith the
guidelines circulated by the Ministry of
Labour.While in somedistricts,funds have
alreadybeenconstituted,in othersthe processis underway.
Accordingto informationreceivedsofar, the
amountof compensationreceivedfrom the
offendingemployershas beenas under:
(i) Andhra PradeshRs 40,000
(ii) HaryanaRs 80,000
(iii) KarnatakaRs 60,000
(iv) Madhya PradeshRs 20,000
(v) MaharashtraRs 2,00,000
(vi) OrissaRs 1,00,000
(vii) PunjabRs I,20,000
(viii) West BengalRs 80,000
State Governments and Union Territory
Administrationsof Andhra Pradesh,Chandigarh, Dadra & Nagar Haveli, Daman &
Diu, Goa, Haryana, Karnataka, Kerala,
Madhya Pradesh, Maharashtra, Mizoram,
Orissa, Pondicherry,Punjab, Tamil Nadu,
Uttar Pradesh and West Bengal have
reported that separateLabour Cells have
been constitutedin the State Governments
for ensuring enforcement of the various
provisionsof the Act and/ormonitoring the
activitiestaken up in compliancewith the
directionsof the Hon'ble Court.
Most of the StateGovernmentsand Union
Territorieswhich have replied to the questionnaireandwhereemploymentof children
in hazardousoccupationshas been found,
have reportedthat besidestaking action for
collectionof compensation@ Rs 20,000per

$ Extracts from the Affidavit of the Secretaryto the Ministry of Labour, Government of India in the SupremeCourt of
India on December4, 1997 on the action taken by the Governmentto implement the directionsgiven by the SupremeCourt
o n D e c e m b e r1 0 , 1 9 9 6 .

JOURNALOF INDIANSCHOOLOF POLITICALECONOMY

child employedby the offendingemployer,

penal action has also been initiated against
the employer. In the State of Orissa such
actionis underprocess,while in the Stateof
Meghalayaand Tamil Nadu, no suchaction
is reportedto have beeninitiated.

APRIL-SEPT
2OO1

for conductingthe surveyhasbeensent

assistance
to the International Labour Organization in
Geneva.In the eventof financial assistance
from
ILO not beingavailable,fundsfor conductingthe
surveywould be obtainedfrom overallbudgetary
allocation,subjectto the approvalof Ministry of
Finance.

The informationaskedfor in the questionnaire

That the Hon'ble Court would very kindly
is still awaitedfrom the StateGovernmentsand
Union TerritoriesAdministrationsof Arunachal appreciatethat the task relatingto withdrawal of
Pradesh,Assam,Bihar, Delhi, Gujarat,Himachal children from hazardousoccupationsand their
Pradesh,Jammu and Kashmir, Nagaland and rehabilitation,which is difficult and sensitive,
Rajasthanand would be furnished before the cannot be the work of one single Ministry or
SupremeCourt in theform of additionalaffidavit, Departmentor Agency.Insteadit is the taskof all
when received.They have been demi-officially concernedMinistries/Departments
in the Central
reminded on November 7, 1997 and again on and StateGovernments,CentralEmployers'and
without TradeUnion Organizations,
December3,1997to sendtheirresponses
NGOs, etc.That this
Hon'ble Court would alsokindly appreciatethat
delay.
this age-oldsocial evil cannot be eradicatedby
That besidestaking action to comply with the one single stroke.For grappling with and overdirectionsof the SupremeCourt, as containedin comingtheproblemof child labourin thecountry,
theaforesaidjudgement,the CentralGovernment which is of a formidable dimension,sustained
has also initiated action to amend the Child effortson the part of eachone and everyonewho
Labour(ProhibitionandRegulation)Act of 1986 is directly or indirectly concernedin the matter
to make it more stringentand effective, on the would needto be taken.During the lasttwo years,
basis of suggestionsreceived from the State the CentralGovernmenthas startedthe National
Governments.Necessaryamendmentproposals Child Labour Projects in 64 additional child
arebeingactivelyconsideredby the Government labourendemicdistricts(taking the total number
of India.
of projectsto76) and at present1,05,000children
areenrolledin thespecialschoolswhich arebeing
That besidesinitiating action to amend the run undertheseprojects.This respondenthumbly
Child Labour (Prohibition and Regulation)Act submitsthat effortswould continueto be madeat
1986,Governmentof India has alsoidentifieda the Central and Statelevel to give effect to the
number of new occupationsand processessuch directionsof this Hon'ble Court in letterandspirit
asgemcuttingandpolishrng,zarrmaking,leather with the ultimate objective of eliminating child
goods manufacturing,agarbattimanufacturing, labour in all its forms even though it may be
lock making, sportsgoodsmanufacturingetc to somewhatdifficult to preciselyindicatea specific
mention a few, for inclusion in the Scheduleto time frameby which child labourin all industries,
the Act so that employmentin theseadditional occupationsandprocesses
canbeeliminatedlock,
occupationsand process could be prohibited stock and barrel.
under Section 3 of the Act instead of beine
regulated.
That,on thebasisof the informationcontained
in thisaffidavit,it is mosthumbly andrespectfully
That during the courseof discussionswith the prayedthat this Hon'ble Court may be pleasedto
representatives
of ILO, it was revealedthat the passsuchordersand/orfurther directionsasmay
ILO could considerfunding a secondsurvey. be deemedfit and appropriatein the facts and
Accordingly, u proposal for seeking financial circumstances
of the case.