Professional Documents
Culture Documents
M.C Mehta vs. State of Tamil Nadu and Ors.1997 Airsc 699 (India) Neerajachaudhary V. State of Madhya Pradesh 1984 3 SCC 243 (India)
M.C Mehta vs. State of Tamil Nadu and Ors.1997 Airsc 699 (India) Neerajachaudhary V. State of Madhya Pradesh 1984 3 SCC 243 (India)
Rehabilitation
● The compensation that is given to the child by the employer in light of the order given in
M.C Mehta vs. State of Tamil Nadu and Ors. WP (C) No. 465 of 1986 1, should be increased
from Rs.20,000 to Rs. 2 lakhs keeping in mind the increase in cost of living in more than
three decades. Hon’ble High Court of Delhi in Save the Childhood vs. Union of India WP
(C) 2069 of 2005 said that the increase can be justified as a civil fine and land arrears.
Employers must be held liable and punished severely for employing children in hazardous
environments, without any bias or leniency. This will bring an apprehension among the
employer community which will destroy recruitment of child labourers, in turn declining the
graph of this social evil. Compensation must be extracted from these employers and given to
the victims of child labour.
● The Union and State government generally aim to sponsor the economic and physical
rehabilitation of the released workers. The central government adds to the budget of the state
sponsored schemes and measures. The compensation mandated by the Central Sector Scheme
for Rehabilitation of Bonded Labour, 2016; must be released after the issuance of the release
certificate by the District Magistrate and not only after the conviction. The State Government
must provide rehabilitation for victims of bonded labour as per the Supreme Court of India.2
There must be a sufficient amount of funds allocated for the purpose rehabilitation budget. In
2016, the Government of India initiated the Central Sector Scheme (CSS) replacing the
Central Sponsored Scheme (CSS) for the rehabilitation of bonded labourers. This scheme
aims to contribute into the fund of the rehabilitation of the released workers. The government
body RDO is established to allocate the fund from the Bonded Labour Rehabilitation Fund.
These distributions must be well monitored and meticulously audited.
● A Standard Operating Procedure for release and tracking of compensation to survivors of
child labour and time-bound (90 days) rehabilitation of the child. The implementation of the
Time-Bound Program Concept has to be introduced for effective rehabilitation. This has been
a successful method in nations like Nepal. Time-bound Programs (TBP) mean to eracdicate
1M.C Mehta vs. State of Tamil Nadu and Ors.1997 AIRSC 699 (India)
3Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, A
future without Child Labour, International Labour Organization(2002)
https://www.ilo.org/ipecinfo/product/download.do?type=document&id=2427
4VikramDeo Singh Tomar v State of Bihar 1988 AIR SC 1782 (India)