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Karnataka High Court
A.SRIRAM BABU - Appellant
Versus
CHIEF SECRETARY TO THE GOVERNMENT OF karnataka, BANGALORE - Respondent
Decided On : 06-06-97
W.P. : 1351 of 1997
CHILD LABOUR - FACTORIES ACT, 1948 - SECTION 67 - PLANTATION LABOUR ACT, 1951 - SECTION 24 - MERCHANT SHIPPING ACT, 1951 - SECTION 109 - MINES ACT, 1952 - SECTION 45 - MOTOR TRANSPORT WORKERS ACT, 1961 - SECTION 21 - APPRENTICES ACT, 1961 - SECTION 3 - BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966 - SECTION 24 - CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 - SHOPS AND COMMERCIAL ESTABLISHMENTS ACTS - ARTICLE 24 OF THE CONSTITUTION - ARTICLE 39 (F) OF THE CONSTITUTION - ARTICLE 45 OF THE CONSTITUTION - ARTICLE 21 OF THE CONSTITUTION - FACTORIES ACT, 1948 - SECTION 6 - KARNATAKA RULES - RULE 4 - ELECTRICITY SUPPLY REGULATIONS, 1988 - CLAUSE 7.01 - CLAUSE 8.02 - MUNICIPALITIES ACT - SECTION 256 - PANCHAYAT ACT - CHILD LABOUR - HAZARDOUS INDUSTRY - MINIMUM WAGES ACT - RULES - CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 - SECTION 3 - SECTION 14 - SECTION 15 - SECTION 9 - FACTORIES ACT, 1948 - SECTION 92 - CHILD LABOUR - POVERTY - CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 - SECTION 18 - CHILD LABOUR - REMEDIAL MEASURES - CHILD LABOUR - WAGES - CHILD LABOUR - HEALTH CARE - CHILD LABOUR - EDUCATION - CHILD LABOUR - CHILD LABOURERS - SOCIAL SECURITY - CHILD LABOUR - VAGNANCY - CHILD LABOUR - IMPLEMENTATION OF DIRECTIONS - CHILD LABOUR - NEGLECT - CHILD LABOUR - CONGENIAL ATMOSPHERE - CHILD LABOUR - DIRECTIONS - CHILD LABOUR - MONITORING - CHILD LABOUR - ELECTRICITY BOARD - CHILD LABOUR - BRAIN DEVELOPMENT - CHILD LABOUR - GOVERNMENT ACTION.
Fact of the Case:
Public spirited young lawyer A. Srirama Babu filed a writ petition to espouse the cause of unorganized, less and underprivileged children commonly described as "children of lesser god" and who, according to him, have been left to fend for themselves uncared for, resulting in exploitation and deprivation of basic amenities of life and other constitutional and statutory safeguards guaranteed to a citizen of India which they are also entitled to enjoy like any other. The writ petition impleaded the state, the secretary of labor department and the labor commissioner as party respondents. Shri K. H. Jagadish, learned government advocate, took notice on behalf of the respondents. Sri Ravi Varma Kumar, expressed their desire to participate in the proceedings. This court requested Ms. Neela Arun, advocate, to appear along with the petitioner and assist the court in these proceedings.
Finding of the Court:
The court found that child labor is a big problem and has remained intractable, even after about 50 years of our having become independent, despite various legislative enactments, to prevent child labor in a number of occupations and avocations. The court also found that the progress achieved in eradicating child labor is tardy and would make even the snail's pace an enviable proposition.
Issues: 1. Whether the various legislative enactments to prevent child labor have been effective in eradicating child labor? 2. Whether the state has taken adequate steps to implement the directions issued by the Supreme Court in M. C. Mehta v. State of Tamil Nadu and others? 3. Whether the state has taken adequate steps to prevent child labor in hazardous industries? 4. Whether the state has taken adequate steps to provide social security to child laborers? 5. Whether the state has taken adequate steps to prevent vagrancy of children?
Ratio Decidendi: 1. The court held that the various legislative enactments to prevent child labor have not been effective in eradicating child labor. 2. The court held that the state has not taken adequate steps to implement the directions issued by the Supreme Court in M. C. Mehta v. State of Tamil Nadu and others. 3. The court held that the state has not taken adequate steps to prevent child labor in hazardous industries. 4. The court held that the state has not taken adequate steps to provide social security to child laborers. 5. The court held that the state has not taken adequate steps to prevent vagrancy of children.
Final Decision: The court issued a number of directions to the state to take effective steps to eradicate child labor, including: 1. Conducting a survey to identify child laborers and taking appropriate steps to rehabilitate them. 2. Amending the Child Labour (Prohibition and Regulation) Act, 1986 to make the punishment for employing child labor more stringent. 3. Establishing after-care homes for vagrant children. 4. Taking steps to prevent the vagrancy of children. 5. Creating a fund to provide social security to child laborers. 6. Ensuring that all child laborers are provided with the same benefits as other industrial workers.
( 1 ) THIS writ petition is filed by a public spirited young lawyer Shri A. Srirama Babu to espouse the cause of unorganised, less and underprivileged children commonly described as "children of lesser god" and who, according to him, have been left to fend for themselves uncared for, resulting in exploitation and deprivation of basic amenities of life and other constitutional and statutory safeguards guaranteed to a citizen of India which they are also entitled to enjoy like any other.
( 2 ) THE writ petition has been filed mainly moved by the report appearing in the kannada daily "prajavani" dated 1-1-1997. The report contains a succinct account of the plight of the working and neglected children. The writ petition impleaded the state, the secretary of labour department and the labour commissioner as party respondents. As these proceedings cannot be termed as an adversary litigation as such, on 17-1-1997, the court directed Shri k. h. jagadish, learned government advocate, to take notice on behalf of the respondents. Thereafter, la. No. I was filed by a society described as campaign against child labour (hereinafter referred to as 'cacl') to get themselves impleaded in these proceedings. Earlier, notice had been issued by this court to them on 11-2-1997, on a representation made on their behalf by Sri ravivarma kumar, expressing their desire to participate in the proceedings. This court had also requested ms. Neela arun, advocate, to appear alongwith the petitioner and assist the court in these proceedings. Mr. Ravivarma kumar appeared on behalf of cacl. This court desires to place on record the generous assistance derived by the exhaustive research and study undertaken by these counsels to conduct this case.
( 3 ) "child labour" is not a phenomenon or feature peculiar to this country. This has been there all over the world. A publication by the human right watch described as "the small hands of slavery" catalogues the following articles relating to several other countries,"asia watch and human rights watch women's rights project, a modern form of slavery : trafficking of women and girls into brothels in thailand (new york : human rights watch, 1993), americas watch, "forced labour in brazil revisited" vol. 5, No. 12, november, 1993; middle east watch and human rights watch women's rights project, "rape and mistreatment of asian maids in kuwait", vol. 4, No. 8, July 1992; americas watch, the struggle for land in brazil : rural violence continues (new york : human rights watch, 1992); americas watch, "forced labour in brazil", vol. Sc 2, No. 8, december 1990; and national coalition for haitian refugees, americas watch, and caribbean rights, harvesting oppression : forced haitian labour in the dominican sugar industry (new york : human rights watch, 1990)". the following is the graphic description of the pathetic conditions of a child forced to labour for his employer described by charles dickens in his well known novel "nicholas nickleby". "at this early hour many sickly girls whose business like that of the poor worm is to produce with patient toil, the finery that bedecks the thoughtless and luxurious, traverse our streets, making towards the scene of their daily labour and catching as if by stealth in their hurried walk, the only gasp of wholesome Air and glimpse of sunlight which cheers this monotonous existence during the long train of hours that makes a working day. As she drew nigh to the more fashionable quarter of the town, kate marked many of this class as they passed by hurrying like herself to their painful occupation and saw in their unhealthy looks and feeble gait but to clear an evidence that her misgivings were not groundless". the reference contained in bailey and loves' "short practice of surgery" 12th edition, indicates that there existed a practice employed by the chimney sweeper to make his child apprentice to climb up and down the chimney to sweep it. Such apprentice contracted the di
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