After the ratification of the notification of 10th October, 2006 by the Ministry of Labour in respect of the Child Labour (Prohibition and Regulation) Act, 1986, the Government has turned a blind eye to the basic reality. The notification talks of outlawing children of the ages between 6- 14 years from working in domestic and other premises such as road side food shops, dhabas, motels, spas etc. The notification was undoubtedly a welcome step in the wake of increasing exploitation and misuse of the children of the poor and the needy, but its implementation remains far fetched.
As a matter of observation, even the implementation of the Child Labour (Prohibition and Regulation) Act, 1986 is long due given the present scenario, the enactment of which was a supposed respite with regard to persistent exploitation of children often employed in factories and as domestic help at a very tender age. After the coming into force of the said Act, the children were protected from employment in ‘hazardous industries’ but only on paper and not in spirit. Today one in every six children aged 5 to 17 - or 246 million children - are involved in child labour with the highest rate in the African countries, at an age where each one of us reading this article was at school or a playground or perhaps an amusement park.
In case of non- hazardous jobs, as laid down by the Supreme Court in M.C.Mehta V. Sate of Tamil Nadu and Ors. (AIR 1997 SC 699) that it was tobe seen that the child works fir not more than 6 hrs a day and receive 2 hrs of daily education at the cost of the employer. But, this provision also seems to restrict itself to paper only. Further, in this case a ‘Rehabilitation Fund’ for child (victim) labourer was schemed but, it is still to be effected till now.
In the cases of Bandhua Mukti Morcha V. Union Of India ( AIR 1984 SC 802) AND Unnikrishanan V. State of A.P. {(1993) (1) SCC 645}, the Supreme Court of India held that Right to Life under Article 21 of the Constitution of India includes, in case of a child below 14 years of age, a right to ‘compulsory primary education’.
The provisions in our Constitution that recognize the rights of a child are contained in Article 21: right to life and personal liberty.
Article 39(e) and (f): that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
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.
Article 24: prohibition of employment of children in factories etc. (below 14 yrs of age on any mine or hazardous employment).
Article 45: provision of early childhood care and education to children below the age of 6 yrs.
The enactment of Child Labour (Prohibition and Regulation) Act, 1986 was more or less done for proper enforcement of the abovementioned Articles of the Constitution of India. Many judgments on punishing the violators on the basis of the provisions of the Act were delivered but their inactive implementation has let everybody down. The judiciary needs to shed its conventional approach of sticking to evidences and show compassion towards such matters. The October, 2006 has been one among many notifications under the Act, again unlikely to create any impact on the minds of the judiciary and the employers. The government lacks to provide for the avenues for these children to explore after they are out of their ‘domestic help’ jobs. one still happens to see young and poor children working in the near by chai wala's and often acting as a fast food vans delivery boy. some are working at the photocopy machines and the others are speding there precious childhood years by cleaning our utensils.The Government, after full one year of passing this notification, has taken no steps to revamp its efforts on the cause for the upliftment and improvement of the exploited. I don’t want to sound as just another person who likes to sit and blame the Government for every mishappening, but at least it should take care of the minimum basic needs of such children or else provide us the avenues to help them.
The notification wages against the use of children in domestic areas, shops and dhabas but does not lay for the provisions of their needs of studies, family help and additional income. There are lots of things that could be done apart from celebrating the world Child Labour Day on 12th June every year like providing for scholarships, welfare funds, planning societies etc. (whole lot of suggestions).
At the end, I would like to request all the peaople who come in contact with such children to encourage them to study by providing some kind of help and taking them away from the world of exploitation. To the Government of India I would like to request to open their eyes to the rampant and still prevailing exploitation of children, that after full one year of the said notification, please do take necessary steps to implement it and hence reversing the greatest hit of Pink Floyd; whereby I’d say to them ‘DON’T leave those kinds alone’!!
