Directions of Supreme Court

-
Main features of the directions of Supreme Court in their Judgment dated 10.12.96

-On 10th December 1996 in Writ Petition (Civil) No.465/1986 M.C.Mehta Vs State of Tamilnadu the Supreme Court of India, gave certain directions on the issue of elimination of child labour. The main features of judgment are as under:

*  Survey for identification of working children;

* Withdrawal of children working in hazardous industry and ensuring their education in appropriate institutions;

* Contribution @ Rs.20,000/- per child to be paid by the offending employers of children to a welfare fund to be established for this purpose;

* Employment to one adult member of the family of the child so withdrawn from work and it that is not possible a contribution of Rs.5,000/- to the welfare fund to be made by the State Government;

* Financial assistance to the families of the children so withdrawn to be paid -out of the interest earnings on the corpus of Rs.20,000/25,000 deposited in the welfare fund as long as the child is actually sent to the schools;

* Regulating hours of work for children working in non-hazardous occupations so that their working hours do not exceed six hours per day and education for at least two hours is ensured. The entire expenditure on education is to be borne by the concerned employer.

* The implementation of the direction of the Hon’ble Supreme Court is being monitored by the Ministry of Labour and compliance of the directions have been reported in the form of Affidavits on 05.12.97, 21.12.1999, 04.12.2000, 04.07.2001 and 04-12-2003 to the Hon’ble Court on the basis of the information received from the State/UT Governments.



Popular posts from this blog

POLICY

-
The National Policy on Child Labour, August 1987 contains the action plan for tackling the problem of child labour. It envisages: 1. A legislative action plan 2. Focussing and convergence of general development programmes for benefiting children wherever possible, and 3. Project-based action plan of action for launching of projects for the welfare of working children in areas of high concentration of child labour. In pursuance of National Child Labour Policy,the NCLP Scheme was started in 1988 to rehabilitate child labour. The Scheme seeks to adopt a sequential approach with focus on rehabilitation of children working in hazardous occupations & processes in the first instance. Under the Scheme, after a survey of child labour engaged in hazardous occupations & processes has been conducted, children are to be withdrawn from these occupations & processes and then put into special schools in order to enable them to be mainstreamed into formal schooling system.  
Read more

THE CHILD LABOUR PROHIBITION AND REGULATION) ACT, 1986

-
1. Short title, extent and commencement .—(1) This Act may be called the Child Labour (Prohibition and Regulation) Act, 1986. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall came into force at once, and Part III shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. 2. Definitions. —In this Act, unless the context otherwise requires,— (i) “appropriate Government” means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; (ii) “child” means a person who has not completed his fourteenth year of age; (iii) “day” means a period of twenty-four hours beginning at mid-night; (iv) “establishment” includes a shop, comm...
Read more

PART A - Occupations & PART B - Processes

-
THE SCHEDULE (See Sec.3) PART  A Occupations Any occupation concerned with: - (1)                 Transport of passengers, goods or mails by railways; (2)                 Cinder picking, clearing of an ash pit or building operation in the railway premises; (3)                 Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train; (4)                 Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; (5)      ...
Read more