INTERNAL ASSESSMENT

SUBJECT: LABOUR LAW

TOPIC: NEWS ARTICLE REVIEW ON INDUSTRIAL DISPUT

NAME: AKASH G MATTUR

COURSE: LLB -1 “A”
SRN NO: 03FL23BLL002
NEWS PAPER ARTICLE
Facts:

Anti child labour laws and their strict implementation have not been able to contain the
problem of child trafficking in the city. Children are still being trafficked from states like
West Bengal, Jharkhand, Andhra Pradesh and Assam to work in factories and households in
inhuman conditions. Industrial estates like Ok- hla, Wazirpur and Jhilmil Colony see a
number of such children steadily working when they are guaranteed free education under the
Right to Education Act. While Delhi Police's anti- human trafficking cell is over a year old
now, and has helped rescue child labourers, there are several areas that need to be worked
upon. Ravi Kant, Supreme Court advocate who is conducting a study on several such cells in
Delhi and across the country said, "There is no convergence between the ministry of women
and child welfare and these cells and both agencies are working in isolation. The ministry to
support the work of the police Kant's study will form the India Country Assessment Report
ministry of home affairs.

"While district level sensitization is going on, the justice delivery system needs to be
strengthened. The legal aid system does not properly support the victims right now as the
victims have to travel between states and testify in a court. While the travel expenditure is
taken care of by the court, the state does nothing to ensure their accommodation," he said.
Many times, the victims and their families do not show up in court due to social stigma.
"There is need to conduct these cases over video conferencing to encourage victims to testify.
Right now, employers are not getting convicted in a lot of cases because of this," he added.

child labourers. Till April end this year, 34 cases of child la-bour have been reported and 149
such children rescued. In 2011, 135 cases were reported and 1,144 children rescued.

Activists say that responsive nodal officers have helped them crack down on employ. ers
faster: Increase in registration of cases of missing children is a positive step in this regard.
"Each of these state cells are given Rs 35 lakhs per year and a jeep to help them in raids.
Video cameras have been provided by MHA for de tailed recording of these rescue
operations." said Rishi Kant of NGO Shakti Vahini.

Currently, the cell in each district is headed by one inspector with sufficient number of upper
subordinates and supporting staff. "In case of anv organized trafficking racket that comes to
notice, instructions are that the probe of that case shall be transferred to Anti-Kidnapping
section of the Crime Branch for further necessary action,"explained a senior police officer

While 33 persons - including 22 women - have been arrested under the immoral trafficking
(prevention)act already this year ,121 such persons were arrested last year

Issue:

1] Why are existing anti-child labor laws failing to prevent child trafficking in Delhi?

2] What steps could be taken to improve coordination between the Ministry of Women and
Child Welfare and the Anti-Trafficking Cell?

3] Besides rescues, what preventative measures could be taken to reduce child trafficking in
Delhi?

4] Could the rise in reported child labour cases be a sign of increased trafficking, and if so,
how can this be investigated further?

Analysis:

 Existing laws might not be properly enforced. There could be a lack of inspections in
industrial areas, or corruption within the enforcement system.
 Raising awareness about child labour laws among both employers and potential
victims could be a first step.
 Strengthening the Anti-Trafficking Cell with more resources and manpower for
effective raids and investigations could deter traffickers.
 Video conferencing for testimonies could be effective, but ensuring access to
technology in remote areas and witness tampering are potential challenges

 Preventative measures could involve working with source states like West Bengal or
Jharkhand to address poverty and lack of opportunities that make children vulnerable.

 Community outreach programs could educate families about trafficking risks The rise
in reported cases could indeed indicate increased trafficking. More proactive efforts
like sting operations targeting traffickers might be needed to investigate this further.

additional points to consider

 The role of NGOs and civil society organizations in supporting victims and raising
awareness about child trafficking.
 The importance of international cooperation in addressing child trafficking, as it is
often a transnational crime.
 The need for long-term solutions that address the root causes of child trafficking, such
as poverty and lack of education
Legal Aspects:

Prohibition of Child Labour: The Child Labour (Prohibition and Regulation) Act, 1986,
prohibits the employment of children in certain occupations and processes, aiming to protect
their rights and ensure their well-being.

Regulation of Conditions: The Act also regulates the conditions of work for children in
permissible occupations, setting forth provisions to safeguard their health, safety, and
educational opportunities.

Right to Education: Children are entitled to free education under the Right to Education Act,
reinforcing the government's commitment to ensuring access to education for all children.

Key Sections of the Child Labour Act, 1986:

Section 3: Prohibits the employment of children in certain hazardous occupations and

processes, recognizing the need to protect them from exposure to harmful work
environments.

Section 6: Mandates that no child shall be employed or permitted to work in any occupation
or process, except where they help their family after school hours or during vacations.

Section 14: Empowers the appropriate government to make rules specifying hazardous
occupations and processes from which children are to be prohibited, ensuring clear
identification and regulation of hazardous work environments.

Part III of the Child Labour Act: Hazardous Occupations and Processes:

Prohibition of Hazardous Work: Part III of the Act specifically addresses hazardous
occupations and processes deemed detrimental to the health and safety of children,
prohibiting their engagement in such activities.

Identification of Hazardous Work: The Act empowers the government to specify hazardous
work through rules, ensuring that children are protected from exposure to dangerous and
harmful work environments.
Protection of Children's Rights: Part III aims to safeguard children's rights and well-being by
prohibiting their involvement in hazardous occupations and processes, thus mitigating risks to
their health and safety.

THE CHILD LABOUR PROHIBITION AND REGULATION

ACT, 1986
Almost one third of the world population comprises children. Therefore, they deserve to be
cared and protected to keep up and improve posterity. They are an important component of
the social structure and the potential future careers of culture. Social justice, therefore,
demands justice to children.

Constitutional Provisions on Child Labour in India

1. Compulsory Education (Article 21(A))

2. Prohibition of Traffic in Human Beings and Forced Labour (Article 23)

3. Prohibition of Employment of Children in Factories (Article 24)

4. Prevention from Coercive Factors (Article 39(e))

5. Protection from Exploitation (Article 39(f))

6. Child Care (Article 243G, Schedule 11)

Domestic Acts Related to Child Labour

1. Minimum Wages Act, 1948

2. Merchant Shipping Act, 1958

3. Beedi and Cigar Workers Act, 1966

Related case laws:

 Bandhua Mukti Morcha v. Union of India (1984)1:

In this landmark case, the Supreme Court addressed the issue of bonded labour in various
industries, including the carpet industry in Uttar Pradesh. The Court declared bonded labour
as unconstitutional and directed the release and rehabilitation of bonded labourers. This case
highlights the judiciary's role in combating forced labour and upholding the rights of
marginalized and vulnerable groups, including children exploited through child labour and
trafficking.

 Gaurav Jain v. Union of India (1997)2:

In this case, the Supreme Court of India addressed the issue of child labour in the glass
bangle industry in Firozabad, Uttar Pradesh. The Court acknowledged the rampant
exploitation of children in hazardous occupations and processes, emphasizing the need for
immediate intervention to protect their rights and well-being. It directed the state government
to enforce strict regulations to prevent the employment of children in hazardous industries
and ensure their access to education and rehabilitation. This case served as a precedent for
judicial activism in addressing child labour issues and underscored the state's obligation to
protect children from exploitation and abuse.

2
Conclusion : The scourge of child labour and trafficking persists in New Delhi despite
legislative measures and enforcement efforts. The existence of anti-child labour laws
demonstrates the government's commitment to combatting these practices, yet their
implementation falls short in addressing the complex socio-economic factors driving
exploitation. Poverty-stricken regions like West Bengal, Jharkhand, Andhra Pradesh, and
Assam continue to serve as breeding grounds for traffickers, perpetuating the cycle of
exploitation. Industrial estates in New Delhi, such as Okhla and Wazirpur, bear witness to the
grim reality of children toiling away in hazardous conditions, denied their right to education
and a childhood.

While initiatives like the anti-human trafficking cell have yielded some successes in rescuing
child labourers, systemic challenges persist. Coordination gaps between government agencies
hinder effective action, while deficiencies in the legal aid system leave victims without
adequate support. Strengthening collaboration between stakeholders, including government
agencies and civil society organizations, is essential to address these issues comprehensively.

Moving forward, concerted efforts are needed to address the root causes of child labour and
trafficking, including poverty and lack of access to education. Enhancing enforcement
mechanisms, improving victim support services, and fostering international cooperation are
crucial steps towards achieving lasting change. By working together, we can create a future
where every child in New Delhi is protected from exploitation and afforded the opportunity
to thrive in a safe and nurturing environment.

Reference:

1. S.C Srivastava, Industrial relations and Labour Laws (6th ed. 2015)

2. V.N. Shukla, Constitution of India (13th ed. 2021)