ORDER:— This petition under Art. 32 of the Constitution has been brought before this Court by way of a Public Interest Litigation and is connected with the problem of employment of children in Match factories of Sivakasi in Kamaraj District of Tamil Nadu State. On notice the State has filed its return.

2. Sivakasi has been the traditional centre for manufacture of match boxes and fire works for almost the whole country and a part of its output is even exported. From the affidavit of the State it appears that as on December 31, 1985, there were 221 registered match factories in the area employing 27338 workmen of whom 2941 were children. We would have been happy to have updated particulars but for disposal of this case total figure and the proportion between adult workmen and children perhaps may be taken as the foundation.

3. The manufacturing process of matches and fireworks is hazardous one. Judicial notice can be taken of the fact that almost every year, notwithstanding improved techniques and special care taken, accidents including fatal cases occur. Working conditions in the match factories are such that they involve health hazards in normal course and apart from the special risk involved in the process of manufacturing, the adverse effect on health is a serious problem. Exposure of tender aged to these hazards requires special attention.

4. It is a fact that the problem has been in existence for over half a century, if not earlier, and no appropriate attention has been focussed on it either by the Government or the public. We are, therefore, thankful to Mr. Mehta for having brought this matter before the Court for receiving judicial consideration.

5. We are of the view that employment of children within the match factories directly connected with the manufacturing process upto final production of match sticks or fireworks should not at all be permitted. Art. 39(f) of the Constitution provides that the State should direct its policy towards securing 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.

6. The spirit of the Constitution perhaps is that children should not be employed in factories as childhood is the formative period and in terms of Art. 45 they are meant to be subjected to free and compulsory education until they complete the age of 14 years. The provision of Art. 45 in the Directive Principles of State Policy has still remained a far cry and though according to this provision all children up to the age of 14 years are supposed to be in school, economic necessity forces grown up children to seek employment.

7. Children can, therefore, be employed in the process of packing but packing should be done in an area away from the place of manufacture to avoid exposure to accident. We are also of the view and learned counsel on both sides have agreed that minimum wage for child labour should be fixed. We take note of the fact that the tender hands of the young workers are more suited to sorting out the manufactured product and process it for the purposes of packing. We are, therefore, of the opinion that in consideration of their special adaptability at least 60% of the prescribed minimum wage for an adult employee in the factories doing the same job should be given to them. Our indicating the minimum wage does not stand in the way of prescription of a higher rate if the State is satisfied that a higher rate is viable.

8. It is necessary that special facilities for providing the quality of life of children should be provided. This would require facility for education, scope for recreation as also providing opportunity for socialisation. Facility for general education as also job oriented education should be available and the school time should be so adjusted that employment is not affected.

9. We are happy to notice that the learned counsel for t