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1996 Supreme(SC) 2121

B.L.HANSARIA, KULDIP SINGH, S.B.MAJMUDAR
M. C. Mehta – Appellant
Versus
State Of T. N. – Respondent


Judgement Key Points

Your argument that employing minors for electrical work, which is classified as hazardous, constitutes a violation of Article 24 of the Constitution is well-founded. As established in the legal document, the constitutional mandate prohibits the employment of children below the age of 14 in hazardous occupations, including work involving electricity, due to the inherent risks and the fundamental rights to protection, education, and development of children (!) (!) (!) .

Furthermore, the legislation explicitly bans employment in hazardous processes and occupations, with specific provisions designed to prevent child exploitation in dangerous industries such as electrical work (!) (!) . The employment of minors in such hazardous roles not only contravenes statutory provisions but also breaches constitutional protections aimed at safeguarding childhood and ensuring their healthy development (!) (!) .

Regarding the experience gained as a minor in such illegal employment, the petitioners can argue that any such experience is "void ab initio," meaning it is legally invalid from the outset, because it was obtained through an act that is constitutionally and legally impermissible. The illegality of the employment directly impacts the validity of any rights or benefits derived from it, rendering such experience as having no legal standing or enforceable value (!) (!) .

In summary, employing minors in hazardous electrical work is a clear violation of constitutional rights and statutory prohibitions. The experience gained under such employment would be considered null and void from inception due to the illegality of the act.


JUDGMENT

Hansaria. J.-"I am the child.

All the world waits for my coming.

All the earth watches with interest to see what I shall become.

Civilization hangs in the balance,

For what I am, the world of tomorrow will be.

I am the child.

You hold in your hand my destiny.

You determine, largely, whether I shall succeed or fail,

Give me, I pray you, these things that make for happiness.

Train me, I beg you, that I may be a blessing to the world".

Mamie Gene Cole

It may be that the aforesaid appeal lies at the back of the saying that "child is the father of man". To enable fathering of a valiant and vibrant man, the child must be groomed well in the formative years of his life. He must receive education, acquire knowledge of man and materials and blossom in such an atmosphere that on reaching age, he is found to be a man with a mission, a man who matters so for as the society is concerned.

2. Our Constitution makers, wise and sagacious as they were, had known that India of their vision would not be a reality if the children of the country are not nurtured and educated. For this, their exploitation by different profit makers for their personal gain had to be first indicted. It is this need, which ha



































































































































































































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