TABLE OF CONTENTS

Index Of Authorities
I. Introduction
Aims And Objectives
Research Methodology
Sources .
Scope and Limitation of study.
II. Meaning , Nature & Definition Of Child Labour Exploitation
III. Provisions Against The Exploitation Of Child Labour.
IV. An Overview Of The Child Labour ( Prohibition And Regulation ) Act , 1986.
V. The Judicial Response
M.C. Mehta V. State Of Tamil Nadu - Exploitation Of Child Labour In
Sivakasi.
VI. The Solution For The Child Labour
VII. Conclusion And Suggestion
References.
 Exploitation of Child Labour in Sivakasi - The Judicial Trends

INDEX OF AUTHORITIES
LIST OF ENACTMENTS

 Apprentices Act, 1961

 Beedi and Cigar Workers (Conditions of Employment Act, 1966
 Child Labour (Prohibition and Regulation) Act, 1986
 Factories Act, 1948
 Merchant Shipping Act, 1951
 Mines Act, 1952
 Motor Transport Workers Act, 1961
 Plantation Labour Act, 1951
 Shops and Commercial Establishment Acts
 The Constitution of India, 1950.

LIST OF DICTIONARIES/LEXICONS ACCREDITED

 P. R Aiyar, Advanced Law Lexicons,( 3rd Ed. Vol. 1,2,3,4 2005, Lexis Nexis
Butterworths Wadhwa Nagpur.)
 Webster’s New Encyclopedic Dictionary, Black Dog And Leventhal Publishers,
(1993).
LIST OF CASE LAWS ACREDITED
1. Anil Kumar Agarwal v. ass Labour commissioner 1999 1 Cur LR 687.
2. Bandhua Mukti Morcha v. The Union Of India AIR 1984 SC 802.
3. Francis Coralie v. Union Territory Of Delhi AIR 1981 SC 746.
4. M. C . Mehta v. State of Tamil Nadu AIR 1997 SC 699
5. Maneka Gandhi v. Union Of India AIR 1978 SC 597.

I. INTRODUCTION
The Topic entitled to the researcher '' Exploitation of Child Labour in Sivakasi -
The Judicial Trends '' have wide importance and focus on legislations against exploitation of
child labour in India. The Constitution makers of India had well known that India would not
attain its maximum growth if the children of the country are not nurtured and educated. The
children are heavily exploited by the profit makers (employers) for their personal gains and

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 Exploitation of Child Labour in Sivakasi - The Judicial Trends

motives. There are certain protection against exploitation which was guaranteed by the
Constitution under the Fundamental rights and Directive Principles of the State Policy. The
framers were aware of the prohibition under the Article 24, but it would not really serve its
purpose. The combine reading of Art 24 and Art 45 cast a paramount duty on the state to
endeavour to provide the free and compulsory education to children which was held in the
Unni Krishnan case.1 The Parliament of India legislated a specific legislation called ''The
Child Labour (Prohibition And Regulation) Act, 1986. [Act, No. 61 of 1986] against the
exploitation of the child labour in various industries. The first part of research work
specifically deals with the meaning and nature of child labour & their exploitation. Secondly
it deals with the constitutional protection of child labour against exploitation & explains other
social welfare legislation. Third part specifically deals with the provisions and Child Labour
(Prohibition and Regulation) Act,1986. Finally, it critically analyse the judgement of M. C.
Mehta v. State of Tamil Nadu and others 2 regarding the issue of the child labour exploitation
in Sivakasi. The court took the matter and dealt with the question relating to ''why child
labour is still privileged even though there were many statutory enactments and questioning
the importance of the Section 3 and 17 of child labour (prohibition and regulation) Act,1986.
Aims And Objectives :
The Primary objective of this research paper is
 To understand meaning & nature of terminologies such as Child Labour, Child
Labour Exploitation & Children Protection.
 To analysis the Constitutional protection of the children and Specific social welfare
legislations against exploitation.
Research Methodology :
The basic research methodology is adopted for the purpose of research is doctrinal in
nature of case analysis. Primarily, the research paper initially focusing the issues of the child
labours & concerns the frame work of child welfare legislation in India.
Sources :
It primarily includes Statutes, Regulations, Conventions and Orders issued by the
competent authorities from time to time. It secondly includes books, journals & periodicals,
speeches, legal encyclopaedias and Reports & Article given by the various Universities and
Other Organisation etc. Books, journals, legal encyclopaedias and other standard texts

1
(1993) 1 SCR 594.
2
(1996) 6 SCC 756

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 Exploitation of Child Labour in Sivakasi - The Judicial Trends

relating to interpretation have been widely referred. The Judgments and other periodicals
have also been referred to give a broader insight of this research study.
Scope and Limitation of Study :
Limited to the extent of M. C Mehta v. State of Tamil Nadu Judgment. and its analysis.

II. MEANING AND NATURE & DEFINITION OF CHILD LABOUR

EXPLOITATION
Child labourers have historically been a part of the fireworks industry in India,
especially Sivakasi. Since from its inception, the child labour is prevalent in the India and it
has its deeper roots from the ancient British colonial period. The other forms of child labour
such as bonded labour, domestic servants and workers in unorganized sectors like shops,
hotels, workshops, etc. A majority of these children employed in the unorganised sector only,
where the risk of employment is really very high. In 2002, the International Labour
Organisation (ILO) had brought out a report stating that the firecracker industry was the only
one where the children were present in significant numbers.. In fact, the extent of danger and
risk which the people faces from these industries were literally high in number. One of the
dreadful incident that five people including some children lost their lives in an explosion
which took place in Sivakasi. Child labour is a global phenomenon and in India it existed in
one form or the other such as slaves, domestic servants, etc. since time immemorial. In the
recent years it has received considerable attention from Government, social scientists,
voluntary organizations, etc. At present in India the working children are found in organized,
unorganized as well as hazardous sectors. It was disclosed by the UNESCO representative in
India in a seminar on “Elimination of Child Labour” on 22nd February 1997 that '' our of
375 billion labour in the world, India has 70.36 billion which continue to grow at the rate of
4% annually3. ILO has also pointed out that every fourth child in the age of 5-15 years in
India is employed4. Thus the factors like poverty, unemployment, population growth and
illiteracy lead to child labour and in effect child labour becomes the cause of the said factors
and it is a vicious circle. Child labour is a big problem and has remained intractable, even
after about 50 years of our having become independence, despite various legislative
enactments, to which we shall refer in detail subsequently, prohibiting employment of a child
in a number of occupations and avocations. The various legislation as well as judicial
decisions are still unable to prohibit child labour and the project intends to identify the gap

3
The Tribune. Chandigarh. July 28, 1997, p.8.
4
Ibid

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 Exploitation of Child Labour in Sivakasi - The Judicial Trends

between the law and judicial decisions on the one hand and the real situation of child labour
on the other. Since the researcher limiting its scope only to the context of Fire work industries
especially in Sivakasi and analysed the judgement of M.C Mehta Case given by the SC in an
detailed manner.

Definition

Child Labour is exploitation of underage children in any forms, forcing them to work
illegally and immorally which harms and abuses them totally. This kind of exploitation may
be by way of mental and Physical or sexual, totally deprived the children from the right to
basic education. The term literally connotes '' working child or employed child, as often
defined as work that deprives children of their childhood, their potential and their dignity,
and that is harmful to physical and mental development. It refers to work that:

 is mentally, physically, socially or morally dangerous and harmful to children;

 interferes with their schooling by depriving them of the opportunity to attend school;
 obliges them to leave school prematurely; or
 forces them to combine school attendance with excessively long and heavy work5.
According to the International Labour Organization(ILO),
"Child Labour is where children are deprived of their childhood because they are
forced to work long hours for little or no money, deprived of education and in
conditions harmful to their mental and physical development.” 6

III. PROVISIONS AGAINST EXPLOITATION OF CHILD LABOUR

Constitutional Protection:
 Article 24.states that the Prohibition of employment of children in factories, etc. -
No child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.

5
http://www.ilo.org/ipec/facts/lang--en/index.htm Accessed on 10.04.2016 at 4 PM IST.
6
Ibid

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 Article 39.(e) states 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.
 Article 39(f) states 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 41 states that Right to work, to education and to public assistance in
certain cases. - The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work, to education
and to public assistance in cases of unemployment, old age, sickness and disablement
and in other cases of undeserved want.
 Article 45 put forth that Provision for free and compulsory education for
children. - The State shall endeavour to provide, within a period often years from the
commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.
 Article 47. Duty of the State to raise the level of nutrition and the standard of
living and to improve public health. - The State shall regard the raising of the level
of nutrition and the standard of living of its people and the improvement of public
health as among its primary duties and, in particular, the State shall endeavour to
bring about prohibition of the consumption except for medical purposes of
intoxicating drinks and of drugs which are injurious to health.
Article 24 has. been. a fundamental. right. and it should. be combine read with
Article 45. Too. has. been raised. to high. pedestal. by.. Unni Krishnan.., which. Was. decided
on 4th February, 1993. Though.. other. Articles.. are. part of directive principles, they are
fundamental in the governance of our. country. and it is the. duty. of all the.. organs. of the
State. ( Article 37). to apply these. principles. Abolition of child labour, is definitely a matter
of great. public concern. and. Significance..

Other Statutory Enactment:

Starting from the inception of the ILO, the agenda was to make an international
guidelines by which the employment of children under a certain age could be regulated in
industrial undertakings. It was suggested that the minimum age of work be 12 years. The
same required ratification by the Government of British India.

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Even during the Legislative Assembly debates, the question of raising the minimum age
from 9 to 12 years had created a furore. The Hon'ble Sir Thomas Holland had said in the
Legislative Assembly in February 1921 that if the minimum age were raised, the same would
upset the organisational set-up of most textile mills which were the principal employees of
children. On the other hand, there were those who felt that the answer to the problem lay in
compulsory primary education. The House ultimately was divided with 32 members voting
for raising the minimum age to 12 and 40 voting against it. The Assembly, therefore,
recommended to the Governor General-in-Council that the Draft Convention should be
ratified with certain observations.
The International Labour Organisation has been playing an important role in the
process of gradual elimination of child labour and to protect child from industrial
exploitation. It has focused five main issues:
Prohibition of children labour.
Protecting child labour at work.
Attacking the basic causes of child labour.
Helping children to adopt to future work.
Protecting the children of working parents7.
Till now 18 Conventions and 16 recommendations have been adopted by the ILO in
the interest of working children all over the world. Royal commission of Labour 1939,
brought to light many inequities and shocking conditions under which children worked. The
Commission had examined the conditions of child labour in different industries and had
found that children had been obliged to work any number of hours per day as required by
their masters and were. subject. to. corporal punishment. The Commission. had. felt. great.
concern at the placing of children by parents to employers in return for small sums of money;
and as this system was found to be indefensible. it recommended. that any bond. placing a
child should be. regarded as void.
The recommendations of the Commission came to be discussed in the Legislative
Assembly and the Children (Pledging of Labour) Act, 19338 came to be passed, which may
be said to be the first statutory enactment dealing with child labour.
The. following. legislative. enactments. are. in. force. prohibiting. employment. of child.
labours. in. different. occupations:

7
Goswami V.G , Impact on UN Convection on the right of the child on child labour in India - A socio judicial
approach L.U Law Journal , Special Issue on rights of the child 1994 PP 55-776.
8
Act no : 2 of 1933.

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 Exploitation of Child Labour in Sivakasi - The Judicial Trends

I. Section 67 of Factories Act, 1948 9

Prohibition of employment of young children
'' No child who has not completed his fourteenth year shall be required or
allowed to work in any factory. ''
II. Section 24 of Plantation Labour Act, 1951:10
'' No child who has not completed his twelfth year shall be required or
allowed to work in any plantation. ''
III. Section 109 of Merchant Shipping Act, 1951:11
'' No person under fifteen years of age shall be engaged or carried to sea to
work in any capacity in any ship, except -
a) in a school ship, or training ship, in accordance with the prescribed
conditions; or
b) in a ship in which all persons employed are members of one family; or
c) in a home-trade ship of less than two hundred tons gross; or
d) where such person is to be employed on nominal wages and will be in the
charge of his father of other adult near male relative''.
IV. Section 45 of Mines Act, 1952: 12
1) No child shall be employed in any mine, nor shall any child be allowed to
be present in any part of a mine which is below ground or in any (open
cast working) in which any mining operation is being carried on.
2) After such date as the Central Government may, by notification in the
Official Gazette, appoint in this behalf, no child shall be allowed to be
present in any part of a mine above ground where any operation
connected with or incidental to any mining operation is being carried on.

V. Section 21 of Motor Transport Workers Act, 1961: 13

'' No child shall be required or allowed to work in any capacity in any motor
transport undertaking. ''
VI. Section 3 of Apprentices Act, 1961: 14

9
Act no: 63 of 1948.
10
Act no : 61 of 1951
11
Act no : 57 of 1951.
12
Act No : 35 of 1952.
13
Act no : 4 of 1961.
14
Act No : 52 of 1961.

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Qualifications for being engaged as an apprentice:

'' A person shall not be qualified for being engaged as an apprentice to
undergo apprenticeship training in any designated trade, unless he
a) is not less than fourteen years of age, and
b) satisfies such standards of education and physical fitness as may be
prescribed: Provided that different standards may be prescribed in
relation to apprenticeship training in different designated trades and
for different categories of apprentices. ''
VII. Section 24 of Beedi and Cigar Workers (Conditions of Employment Act, 1966) 15:
''Prohibition of employment of children-No child shall be required or allowed
to work in any industrial premises''.
VIII. Child Labour (Prohibition and Regulation) Act, 1986. (Act 61 of 1986).
IX. Shops and Commercial Establishment Acts under different nomenclatures in various
States .

IV. AN OVERVIEW OF CHILD LABOUR (PROHIBITION AND REGULATION)

ACT, 1986
It is evident from the enactment of 1986, the legislature was totally intended &
desired to prohibit the child labour in an larger extent. The provisions of this Act, other than
Part III, came into force at once and for part III to come into force, a notification by the
Central Government is visualized by Section 1(3), which notification covering all classes of
establishments throughout the territory of India was issued on May 26, 1993.
The main objective of the Act are as follows:
The Act is in four parts and aims to prohibit the engagement of children in certain
employments and to regulate the conditions of work of children in other
employments.
“child” means a person who has not completed his fourteen years of age.
The Act provides for setting up “Child Labour Technical Advisory Committee” for
the purpose of addition of occupations and processes to regulate child labour.
Section 3 as Follows : Section 3 of this Act has prohibited employment of children in
certain occupations and processes. Part A of the Schedule to the Act contains the names of
the occupations in which no child can be employed or permitted to work; and in Para B

15
Act no : 32 of 1966

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 Exploitation of Child Labour in Sivakasi - The Judicial Trends

names of some processes have been mentioned in which no child can be employed or
permitted to work.
The Schedule
Part – A – Occupations : (Sec-3)
Transport of passengers, goods or mails by railway.
Cinder picking, clearing of an ash-pit or building operation in the railway premises.
Work in catering establishment at a railway station involving the movement of a
vendor or any other employee of the establishment from one platform to another or in
or out of a moving train.
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 and.
A port authority within the limits of port.
Diving
The Schedule: Part – B
Bidi making ,carpet weaving ,cement manufacture including bagging of cement, cloth
printing, dyeing and weaving-manufacture of matches, explosives and fireworks-mica cutting
and splitting-shellac, manufacture-soap, manufacture-tanning-wool, cleaning-building and
construction industry.
The Act lays down that no child will be allowed to work for more than six hours per
day with a rest period of one hour after three hours of work. Once a week he will be given a
holiday. No child will be allowed to work between 7 pm to 8 a.m. and no overtime will be
permitted.
Section 14 : The Act makes provision that Govt. can make rules for the health and safety of
working children. Section 14 of the Act has provided for punishment up to 1 year (minimum
being 3 months) or with fine up to Rs. 20,000 (minimum being ten thousand) or with both, to
one who employs or permits any child to work in contravention of provisions in Section 3.
Any person, police officer or an inspector can file a complaint of an offence under this Act in
any court of competent jurisdiction.
Various discussion and analysis came to picture that the occupations and processes
dealt by the Act are same about which the repealed statute (Employment of Children Act,
1938) had mentioned, except that in Part B, one process has been added the same being
"building and construction industry"16 There are a number of loopholes in the Act which has
made it "completely ineffective instrument for the removal of children working in industry".
16
Neera Burra, Born to Work: Child Labour in India. Delhi: Oxford University Press, 1995 p 246- 250.

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One of the clear loopholes mentioned is that children can continue to work if they are a part
of family of labour. It is not necessary for our purpose to go into other infirmities pointed out.
Nonetheless, it deserves to be pointed out that the Act does not use the word "hazardous"
anywhere, the implication of which is the children may continue to work in those processes
not involving chemicals. It can be impracticable and unrealistic it is to draw a distinction
between hazardous and non-hazardous processes in a particular industry. The suggestion
given is that what is required is to list the whole industry as banned for child labour, which
would make the task of enforcement simpler and strategies of evasion more difficult.

V. JUDICAL RESPONSE :
The Indian Judiciary plays an important role, particularly the Supreme court
is very much poised against the forced labour and employment of children.
1. Francis Coralie v. Union Territory of Delhi17
The Supreme Court in the case of has emphasized that the right to life
mentioned in Article 21 of Indian Constitution includes the right to live with human
dignity. The ambit of this article can be expanded to include variety of rights which
are necessary for the full development of life. This Article can thus be made
applicable for the overall development of a child as well.
2. People’s Union for Democratic Rights v. Union of India18
It was observed that it is a clear breach of Article 24 of the Constitution to
employ the children, below the age of 14 in the construction work. The court has
prohibited any kind of violation of Art. 23 and 24 and has further laid emphasis on
observance of fundamental rights by private individuals and spoke strongly against
any form of forced labour.

3. Bandhua Mukti Morcha v. The Union of India 19

The Supreme Court took into cognizance the employment of children in carpet
manufacturing in Mirzapur in Uttar Pradesh. The District magistrate conducted the
raids and got released 144 children who were under the forced custody of the owners.

17
AIR, 1981, SC, 748.
18
AIR, 1982, SC, 1473.
19
Bandhua Mukti Morcha v. The Union Of India AIR 1984 SC 802

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4. Sheela Barse v. The Union of India 20

Under the direction of the SC, the children who were working near furnaces in
glass industry under chemical fumes & coal dust were released.
5. Salal Hydro Project v. Jammu & Kashmir 21
The court observed that total prohibition of child labour in any form may not
be socially feasible in prevailing socio economic environment. Article 24 therefore
puts only a partial restriction on child labour. The court observed that so long as there
is poverty and destitution in this country it will be difficult to eradicate child labour.

M.C. METHA v. STATE OF TAMILNADU - EXPLOITATION OF CHLID LABOUR

IN SIVAKASI.

In this PIL Petition, the SC gave certain directions in the matter of employment of
child labour and discontinuation of the same. These direction includes payment of
compensation of Rs.20,000 per child if employment is illegal, the providing of the education
to be responsibility of the employer, obligation of the state in the matter, working hours of the
child labour non-hazardous jobs , the creation of Welfare fund and so on. In case, the
prosecutor itself could not prove the age of the child as required by the Act, the applicant
cannot be compelled to fill up the lacuna of the prosecution under the Section 14. 22

Once offence under 67 of the Factories Act stands established the minimum penalty
prescribed under the section 14(1) of the child labour (prohibition and regulation) Act, 1986
had to be imposed.23 Punishment under s. 14 of Act, would not bar civil action for realisation
of the child labour compensation.24

The Supreme Court held that employing children in hazardous work is gross violation
of sections 3 and 4 of the Minimum Wages Act 1948; Sections 67, 71 and 75 of the Factories
Act, 1948 and Articles 24(1) and 45 of the Constitution of India. It was further held that the
minimum wage for child labour should be fixed and children can be employed in the process
of packing only and not at the place of manufacturing. The SC held made above said
directions:
20
Sheela Barse v. The Union Of India AIR 1986 SC 1773

21
Salal Hydro Project v. Jammu & Kashmir AIR 1984 SC 177
22
Rama Chander v State of U. P 20002 1 LLJ 907 (AII)
23
State of Gujarat v. Upendra Kumar 2001 Lab IC 2352
24
Anil Kumar Agarwal v. Assistant Labour commissioner 1999 1 Cur LR 687.

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1. There should be an alternative employment have to be made to the parent or guardian

of the concerned child, sum of Rs.25,000 have to be paid for each child, every month.

2. It may be pointed out that Article 45 mandates compulsory education for all children
until they complete the age of 14 years; it is also required to be free. It would be the
duty of the Inspector to see that this call of the Constitution is carried out.

3. A district could be the unit of collection so that the executive head of the district
keeps a watchful eye on the work of the Inspectors. Further, in view of the magnitude
of the task, a separate cell in the Labour Department of the appropriate Government
would be created. Monitoring of the scheme would also be necessary and the
Secretary of the Department could perhaps do this work. Overall monitoring by the
Ministry of Labour. Government of India, would be beneficial and worthwhile.

4. The non-hazardous jobs are concerned, the Inspector shall have to see that the
working hours of the child are not more than four to six hours a day and it receives
education at least for two hours each day. It would also be seen that the entire cost of
education is borne by the employer.

VI. A SOLUTION FOR CHILD LABOUR

RIGHT TO EDUCATION
The abolition of child labour requires introduction of compulsory education. There is
a saying that any child out of school is a child labour. Compulsory education and child labour
laws are inter-linked. Thus Article 45 of the Constitution supplements Article 24. This right
cannot be denied to a citizen by charging higher fee known as capitation fee. The right to
education flows directly from right to life under Article 21 of the Constitution and dignity of
individual cannot be assured unless it is accompanied by Right to Education. In this
connection it is important to mention here that '' The Right of Children to Free and
Compulsory Education Act, 2009''25 came into existence on 26th Aug. 2009. According to
Article 45 of the Constitution, the State shall endeavour to provide within a period of ten
years from the commencement of the Constitution free and compulsory education for all
children till they complete the age of 14 years. In the case of Mohini Jain v. State of
Karnataka,26 the Supreme Court declared that right to education at all levels is a fundamental

25
Act No : 39 of 2009
26
Mohini Jain v. State Of Karnataka, AIR 1992 SC 1858.

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right, covered under Article 21 of the Constitution. In a later case of Unni Krishnan v. State
of Andhra Pradesh,27 the Supreme Court held that primary education means the education up
to the age of 14 years is a fundamental right, professional education is not.
RIGHT TO PHYSICAL HEALTH AND RIGHT TO MENTAL, MORAL, SPIRITUAL
AND SOCIAL DEVELOPMENT
The Concept of Child labour and the right to physical health; right to mental, moral,
spiritual and social development are quite inter-connected. The former always interferes with
the later. Article 39 of the Constitution entails to protect the health of the children. According
to the Supreme Court in the case of Maneka Gandhi v. Union of India,28 the right to live is
not merely confined to physical existence but includes within its ambit the “right to live with
dignity”. This implies that not only physical health but also the mental, moral, spiritual and
social development of the child should be protected. According to the Act of 1986 the Govt.
can make rules for the health and safety of working children.

VII. .CONCLUSIONS & SUGGESTIONS

Taking into consideration the causes of child labour and exploitation vis-à-vis the rights of
the children the following gaps are identified between the laws and real situation of child
labour in India for the total prohibition of the later.
 The primary education should be imparted freely and compulsorily up to the age of 18
years and include vocational education to accommodate artisan’s skills and Article
21(A) and Article 45 of the Constitution should be amended and the Supreme Court
may review its early decisions accordingly. This will arouse interest and develop the
skill of the children who will be involved in the artisan’s skill process in the home-
front and will be interested to go to the school imparting vocational education.
 The definition of the “child” should be changed in the Act of 1986 to eighteen years
to conform to the international standard and national requirement.
 The emphasis should be shifted from regulation of child labour to prohibition of the
same. Accordingly Article 24 of the Constitution may be amended and Supreme
Court may take firm decisions and the Act of 1986 may be totally overhauled. The
Act of 1986 in a spirit of prohibiting the child labour may expand the ambit of the rule
regarding health to include moral, mental, spiritual and social development of the

27
Unni Krishnan v. State Of Andhra Pradesh, AIR 1993 SC 2178.

28
Maneka Gandhi v. Union Of India AIR 1978 SC 597.

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children. All other laws relating to population growth, poverty, illiteracy,

unemployment and Rights of the children must be integrated with the child labour
prohibition law.
 The scope of the Act of 1986 should be extended to include many unorganized sectors
including domestic sector.
 The Act should be designed as Child Labour Prohibition Act and the tit-bit laws
relating to child labour should be organized into a Child Labour Code.
 There should be separate Ministry, separate Commission & separate Courts to deal
with child labour.
 The political as well as social conscience and consciousness must be aroused to reach
the target of prohibiting totally the child labour from Indian soil.
 The PIL can be used as a viable instrument to curb the child labour. Unless and until
the aforesaid gaps between the law and real situation of child labour are bridged up
the child labour will continue in this country and children will continue to suffer
physically, mentally, morally & spiritually which will adversely affect the country’s
development in the ultimate.
In this context, it is worth pointing out that poverty as such has not stood in the way of other
developing countries from taking care of child labour. It has been pointed out by Myron
Weiner (at page 4 of 1991 Edition) of his book "The Child and the State in India" that India
is a significant exception to the global trend toward the removal of children from the labour
force and the establishment of compulsory, universal primary school education, as many
countries of Africa like Zambia, Ghana Ivory Coast, Libya, Zambia, Zimbabwe, with income
levels lower than India, have done better in these matter. This shows that has caused the
problem of child labour to persist here is really not dearth of resources, but lack of real zeal.
Let this not continue. Let us all put our head and efforts together and assist the child for its
good and greater good of the country.

References
1. Dr. V.G. Goswami, Labour & Industrial Laws,10th Edition,2015, Allahabad Law
Agency, Haryana.

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 Exploitation of Child Labour in Sivakasi - The Judicial Trends

2. H.L Kumar, Labour and Industrial Law: 8 th Ed.Vol.1 Universal Publishing agency,
New Delhi. 2014.
3. Neera Burra, Born to Work: Child Labour in India. Delhi: Oxford University Press,
1995.

4. P.L. Malik : Industrial Law, 24th Ed. Vol 1, Eastern Book Company, Lucknow,2013.
5. Prof. K.M. Pillai, Labour & Industrial Laws, 15th Edition, Allahabad Law Agency,
Haryana.
6. Prof. S.N.Misra, Labour and Industrial Laws, 27th Edition, Reprint 2014, New Delhi.

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