Ilo Notes Unit 4

UNIT- IV NOTES OF ILO AND LABOUR LAWS
ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY

LABOUR
INTRODUCTION
Forced labour occurs where work or service is exacted by the State or by
individuals who have the will and power to threaten workers with severe
deprivations, such as withholding food or land or wages, physical violence or
sexual abuse, restricting peoples’ movements or locking them up. For example, a
domestic worker is in a forced labour situation where the head of a household
takes away identity papers, forbids the worker to go outside and threatens him or
her with, for instance, beatings or nonpayment of salary in case of disobedience.
The domestic may also work for an unbearably low wage, but that is another
matter. If he or she were free to leave, this would not amount to forced labour but
to exploitation. Another example of forced labour arises where villagers, whether
they want to or not, have to provide substantial help in the construction of roads,
the digging of irrigation channels, etc., and where government administrators,
police officers or traditional chiefs brandish a credible menace if the requisitioned
men, women or children do not turn up. Bonding workers through debts is, in fact,
a widespread form of forced labour in a number of developing countries.
Sometimes it originates with a poor and illiterate peasant pledging labour services
to an intermediary or a landowner to work off a debt over a period of time.
Sometimes the obligation is passed on from one family member to another, even
down to children, and from one generation to another. The labour service is rarely
defined or limited in duration, and it tends to be manipulated in such a way that it
does not pay off the debt. The worker becomes dependent on the intermediary or
on the landowner and labours in slave-like conditions. The threat and, indeed, the
occurrence of violence or other penalties for failing to work turns an economic
relationship – one-sided as it is to start with – into a forced labour situation.
Labour trafficking can give rise to forced labour. One way in which traffickers
tend to put themselves into a threatening position is to confiscate the identity
papers of the person they move for employment purposes. Another is to trap
people through indebtedness by cash advances or loans. Traffickers may also
resort to kidnapping, notably of children. At any rate, traffickers, the persons
linked to them or the employers at the point of destination, give their victims no
choice as to what work to perform and under which conditions. Intimidation can
range from revealing the victim’s illegal status to the police, to physical assault
and sexual abuse.
Forced Labour Convention (No. 29)
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Adopted: 28 June 1930

Entered into force: 1 May 1932
The General Conference of the International Labour Organization, Having been
convened at Geneva by the Governing Body of the International Labour Office,
and having met in its Fourteenth Session on 10 June 1930, and Having decided
upon the adoption of certain proposals with regard to forced or compulsory
labour, which is included in the first item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention, adopts this twenty-eighth day of June of the year one thousand nine
hundred and thirty the following Convention, which may be cited as the Forced
Labour Convention, 1930, for ratification by the Members of the International
Labour Organization in accordance with the provisions of the Constitution of the
International Labour Organization:
Article 1
1. Each Member of the International Labour Organization which ratifies this
Convention undertakes to suppress the use of forced or compulsory labour in all
its forms within the shortest possible period.
2. With a view to this complete suppression, recourse to force or compulsory
labour may be had, during the transitional period, for public purposes only and as
an exceptional measure, subject to the conditions and guarantees hereinafter
provided.
3. At the expiration of a period of five years after the coming into force of this
Convention, and when the Governing Body of the International Labour Office
prepares the report provided for in Article 31 below, the said Governing Body
shall consider the possibility of the suppression of forced or compulsory labour in
all its forms without a further transitional period and the desirability of placing
this question on the agenda of the Conference.
Article 2
1. For the purposes of this Convention the term “forced or compulsory labour”
shall mean all work or service which is exacted from any person under the
menace of any penalty and for which the said person has not offered himself
voluntarily.
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2. Nevertheless, for the purposes of this Convention, the term “forced or

compulsory labour” shall not include:
(a) Any work or service exacted in virtue of compulsory military service laws for
work of a purely military character;
(b) Any work or service which forms part of the normal civic obligations of the
citizens of a fully self-governing country;
(c) any work or service exacted from any person as a consequence of a conviction
in a court of law, provided that the said work or service is carried out under the
supervision and control of a public authority and that the said person is not hired
to or placed at the disposal of private individuals, companies or associations;
(d) any work or service exacted in cases of emergency, that is to say, in the event
of war or of a calamity or threatened calamity, such as fire, flood, famine,
earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or
vegetable pests, and in general any circumstance that would endanger the
existence or the wellbeing of the whole or part of the population;
(e) minor communal services of a kind which, being performed by the members
of the community in the direct interest of the said community, can therefore be
considered as normal civic obligations incumbent upon the members of the
community, provided that the members of the community or their direct
representatives shall have the right to be consulted in regard to the need for such
services.
Article 3
For the purposes of this Convention the term “competent authority” shall mean
either an authority of the metropolitan country or the highest central authority in
the territory concerned.
Article 4
1. The competent authority shall not impose or permit the imposition of forced or
compulsory labour for the benefit of private individuals, companies or
associations.
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2. Where such forced or compulsory labour for the benefit of private individuals,
companies or associations exists at the date on which a Member’s ratification of
this Convention is registered by the Director-General of the International Labour
Office, the Member shall completely suppress such forced or compulsory labour
from the date on which this Convention comes into force for that Member.
Article 5
1. No concession granted to private individuals, companies or associations shall
involve any form of forced or compulsory labour for the production or the
collection of products which such private individuals, companies or associations
utilize or in which they trade.
2. Where concessions exist containing provisions involving such forced or
compulsory labour, such provisions shall be rescinded as soon as possible, in
order to comply with Article 1 of this Convention.
Article 6
Officials of the administration, even when they have the duty of encouraging the
populations under their charge to engage in some form of labour, shall not put
constraint upon the said populations or upon any individual members thereof to
work for private individuals, companies or associations.
Article 7
1. Chiefs who do not exercise administrative functions shall not have recourse to
forced or compulsory labour.
2. Chiefs who exercise administrative functions may, with the express permission
of the competent authority, have recourse to forced or compulsory labour, subject
to the provisions of Article 10 of this Convention.
3. Chiefs who are duly recognized and who do not receive adequate remuneration
in other forms may have the enjoyment of personal services, subject to due
regulation and provided that all necessary measures are taken to prevent abuses.
Article 8
1. The responsibility for every decision to have recourse to forced or compulsory
labour shall rest with the highest civil authority in the territory concerned.
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2. Nevertheless, that authority may delegate powers to the highest local

authorities to exact forced or compulsory labour which does not involve the
removal of the workers from their place of habitual residence. That authority may
also delegate, for such periods and subject to such conditions as may be laid down
in the regulations provided for in Article 23 of this Convention, powers to the
highest local authorities to exact forced or compulsory labour which involves the
removal of the workers from their place of habitual residence for the purpose of
facilitating the movement of officials of the administration, when on duty, and for
the transport of government stores.
Article 9
Except as otherwise provided for in Article 10 of this Convention, any authority
competent to exact forced or compulsory labour shall, before deciding to have
recourse to such labour, satisfy itself:
(a) That the work to be done or the service to be rendered is of important direct
interest for the community called upon to do the work or render the service;
(b) That the work or service is of present or imminent necessity;
(c) that it has been impossible to obtain voluntary labour for carrying out the work
or rendering the service by the offer of rates of wages and conditions of labour not
less favorable than those prevailing in the area concerned for similar work or
service; and
(d) That the work or service will not lay too heavy a burden upon the present
population, having regard to the labour available and its capacity to undertake the
work.
Article 10
1. Forced or compulsory labour exacted as a tax and forced or compulsory labour
to which recourse is hard for the execution of public works by chiefs who exercise
administrative functions shall be progressively abolished.
2. Meanwhile, where forced or compulsory labour is exacted as a tax, and where
recourse is had to forced or compulsory labour for the execution of public works
by chiefs who exercise administrative functions, the authority concerned shall
first satisfy itself:
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(a) That the work to be done or the service to be rendered is of important direct
interest for the community called upon to do the work or render the service;
(b) That the work or the service is of present or imminent necessity;
(c) that the work or service will not lay too heavy a burden upon the present
population, having regard to the labour available and its capacity to undertake the
work;
(d) That the work or service will not entail the removal of the workers from their
place of habitual residence;
(e) That the execution of the work or the rendering of the service will be directed
in accordance with the exigencies of religion, social life and agriculture.
Article 11
1. Only adult able-bodied males who are of an apparent age of not less than 18
and not more than 45 years may be called upon for forced or compulsory labour.
Except in respect of the kinds of labour provided for in Article 10 of this
Convention, the following limitations and conditions shall apply:
(a) whenever possible prior determination by a medical officer appointed by the
administration that the persons concerned are not suffering from any infectious or
contagious disease and that they are physically fit for the work required and for
the conditions under which it is to be carried out;
(b) Exemption of school teachers and pupils and of officials of the administration
in general;
(c) The maintenance in each community of the number of adult able-bodied men
indispensable for family and social life;
(d) Respect for conjugal and family ties.
2. For the purposes of subparagraph (c) of the preceding paragraph, the
regulations provided for in Article 23 of this Convention shall fix the proportion
of the resident adult able-bodied males who may be taken at any one time for
forced or compulsory labour, provided always that this proportion shall in no case
exceed 25 per cent. In fixing this proportion the competent authority shall take
account of the density of the population, of its social and physical development,
of the seasons, and of the work which must be done by the persons concerned on
their own behalf in their locality, and, generally, shall have regard to the
economic and social necessities of the normal life of the community concerned.
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Article 12
1. The maximum period for which any person may be taken for forced or
compulsory labour of all kinds in any one period of twelve months shall not
exceed sixty days, including the time spent in going to and from the place of
work.
2. Every person from whom forced or compulsory labour is exacted shall be
furnished with a certificate indicating the periods of such labour which he has
completed.
Article 13
1. The normal working hours of any person from whom forced or compulsory
labour is exacted shall be the same as those prevailing in the case of voluntary
labour, and the hours worked in excess of the normal working hours shall be
remunerated at the rates prevailing in the case of overtime for voluntary labour.
2. A weekly day of rest shall be granted to all persons from whom forced or
compulsory labour of any kind is exacted and this day shall coincide as far as
possible with the day fixed by tradition or custom in the territories or regions
concerned.
Article 14
1. With the exception of the forced or compulsory labour provided for in Article
10 of this Convention, forced or compulsory labour of all kinds shall be
remunerated in cash at rates not less than those prevailing for similar kinds of
work either in the district in which the labour is employed or in the district from
which the labour is recruited, whichever may be the higher.
2. In the case of labour to which recourse is had by chiefs in the exercise of their
administrative functions, payment of wages in accordance with the provisions of
the preceding paragraph shall be introduced as soon as possible.
3. The wages shall be paid to each worker individually and not to his tribal chief
or to any other authority.
4. For the purpose of payment of wages the days spent in travelling to and from
the place of work shall be counted as working days.
5. Nothing in this Article shall prevent ordinary rations being given as a part of
wages, such rations to be at least equivalent in value to the money payment they
are taken to represent, but deductions from wages shall not be made either for the
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payment of taxes or for special food, clothing or accommodation supplied to a

worker for the purpose of maintaining him in a fit condition to carry on his work
under the special conditions of any employment, or for the supply of tools.
Article 15
1. Any laws or regulations relating to workmen’s compensation for accidents or
sickness arising out of the employment of the worker and any laws or regulations
providing compensation for the dependents of deceased or incapacitated workers
which are or shall be in force in the territory concerned shall be equally applicable
to persons from whom forced or compulsory labour is exacted and to voluntary
workers.
2. In any case it shall be an obligation on any authority employing any worker on
forced or compulsory labour to ensure the subsistence of any such worker who, by
accident or sickness arising out of his employment, is rendered wholly or partially
incapable of providing for himself, and to take measures to ensure the
maintenance of any persons actually dependent upon such a worker in the event
of his incapacity or decease arising out of his employment.
Article 16
1. Except in cases of special necessity, persons from whom forced or compulsory
labour is exacted shall not be transferred to districts where the food and climate
differ so considerably from those to which they have been accustomed as to
endanger their health.
2. In no case shall the transfer of such workers be permitted unless all measures
relating to hygiene and accommodation which are necessary to adapt such
workers to the conditions and to safeguard their health can be strictly applied.
3. When such transfer cannot be avoided, measures of gradual habituation to the
new conditions of diet and of climate shall be adopted on competent medical
advice.
4. In cases where such workers are required to perform regular work to which
they are not accustomed, measures shall be taken to ensure their habituation to it,
especially as regards progressive training, the hours of work and the provision of
rest intervals, and any increase or amelioration of diet which may be necessary.
Article 17
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Before permitting recourse to forced or compulsory labour for works of

construction or maintenance which entail the workers remaining at the workplaces
for considerable periods, the competent authority shall satisfy itself:
(1) that all necessary measures are taken to safeguard the health of the workers
and to guarantee the necessary medical care, and, in particular
(a) That the workers are medically examined before commencing the work
and at fixed intervals during the period of service,
(b) That there is an adequate medical staff, provided with the dispensaries,
infirmaries, hospitals and equipment necessary to meet all requirements,
and
(c) That the sanitary conditions of the workplaces, the supply of drinking
water, food, fuel, and cooking utensils, and, where necessary, of housing
and clothing, are satisfactory;
(2) that definite arrangements are made to ensure the subsistence of the
families of the workers, in particular by facilitating the remittance, by a
safe method, of part of the wages to the family, at the request or with the
consent of the workers;
(3) that the journeys of the workers to and from the workplaces are made at
the expense and under the responsibility of the administration, which shall
facilitate such journeys by making the fullest use of all available means of
transport;
(4) that, in case of illness or accident causing incapacity to work of a
certain duration, the worker is repatriated at the expense of the
administration;
(5) that any worker who may wish to remain as a voluntary worker at the
end of his period of forced or compulsory labour is permitted to do so
without, for a period of two years, losing his right to repatriation free of
expense to himself.
Article 18
1. Forced or compulsory labour for the transport of persons or goods, such as the
labour of porters or boatmen, shall be abolished within the shortest possible
period. Meanwhile the competent authority shall promulgate regulations
determining, inter alia,
(a) that such labour shall only be employed for the purpose of facilitating the
movement of officials of the administration, when on duty, or for the transport of
government stores, or, in cases of very urgent necessity, the transport of persons
other than officials,
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(b) that the workers so employed shall be medically certified to be physically fit,
where medical examination is possible, and that where such medical examination
is not practicable the person employing such workers shall be held responsible for
ensuring that they are physically fit and not suffering from any infectious or
contagious disease,
(c) The maximum load which these workers may carry,
(d) The maximum distance from their homes to which they may be taken,
(e) the maximum number of days per month or other period for which they may
be taken, including the days spent in returning to their homes, and
(f) The persons entitled to demand this form of forced or compulsory labour and
the extent to which they are entitled to demand it.
2. In fixing the maxima referred to under (c), (d) and (e) in the foregoing
paragraph, the competent authority shall have regard to all relevant factors,
including the physical development of the population from which the workers are
recruited, the nature of the country through which they must travel and the
climatic conditions.
3. The competent authority shall further provide that the normal daily journey of
such workers shall not exceed a distance corresponding to an average working
day of eight hours, it being understood that account shall be taken not only of the
weight to be carried and the distance to be covered, but also of the nature of the
road, the season and all other relevant factors, and that, where hours of journey in
excess of the normal daily journey are exacted, they shall be remunerated at rates
higher than the normal rates.
Article 19
1. The competent authority shall only authorize recourse to compulsory
cultivation as a method of precaution against famine or a deficiency of food
supplies and always under the condition that the food or produce shall remain the
property of the individuals or the community producing it. 2. Nothing in this
Article shall be construed as abrogating the obligation on members of a
community, where production is organised on a communal basis by virtue of law
or custom and where the produce or any profit accruing from the sale thereof
remain the property of the community, to perform the work demanded by the
community by virtue of law or custom.
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Article 20
Collective punishment laws under which a community may be punished for
crimes committed by any of its members shall not contain provisions for forced or
compulsory labour by the community as one of the methods of punishment.
Article 21
Forced or compulsory labour shall not be used for work underground in mines.
Article 22
The annual reports that Members which ratify this Convention agree to make to
the International Labour Office, pursuant to the provisions of Article 22 of the
Constitution of the International Labour Organization, on the measures they have
taken to give effect to the provisions of this Convention,shall contain as full
information as possible, in respect of each territory concerned, regarding the
extent to which recourse has been had to forced or compulsory labour in that
territory, the purposes for which it has been employed, the sickness and death
rates, hours of work, methods of payment of wages and rates of wages, and any
other relevant information.
Article 23
1. To give effect to the provisions of this Convention the competent authority
shall issue complete and precise regulations governing the use of forced or
compulsory labour.
2. These regulations shall contain, inter alia, rules permitting any person from
who forced or compulsory labour is exacted to forward all complaints relative to
the conditions of labour to the authorities and ensuring that such complaints will
be examined and taken into consideration.
Article 24
Adequate measures shall in all cases be taken to ensure that the regulations
governing the employment of forced or compulsory labour are strictly applied,
either by extending the duties of any existing labour inspectorate which has been
established for the inspection of voluntary labour to cover the inspection of forced
or compulsory labour or in some other appropriate manner. Measures shall also be
taken to ensure that the regulations are brought to the knowledge of persons from
whom such labour is exacted.
Article 25
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The illegal exaction of forced or compulsory labour shall be punishable as a

penal offence, and it shall be an obligation on any Member ratifying this
Convention to ensure that the penalties imposed by law are really adequate and
are strictly enforced.
Article 26
1. Each Member of the International Labour Organization which ratifies this
Convention undertakes to apply it to the territories placed under its sovereignty,
jurisdiction, protection, suzerainty, tutelage or authority, so far as it has the right
to accept obligations affecting matters of internal jurisdiction; provided that, if
such Member may desire to take advantage of the provisions of Article 35 of the
Constitution of the International Labour Organization, it shall append to its
ratification a declaration stating:
(1) the territories to which it intends to apply the provisions of this Convention
without modification;
(2) the territories to which it intends to apply the provisions of this Convention
with modifications, together with details of the said modifications;
(3) the territories in respect of which it reserves its decision.
2. The aforesaid declaration shall be deemed to be an integral part of the
ratification and shall have the force of ratification. It shall be open to any
Member, by a subsequent declaration, to cancel in whole or in part the
reservations made, in pursuance of the provisions of subparagraphs (2) and (3) of
this Article, in the original declaration.
Article 27
The formal ratifications of this Convention under the conditions set forth in the
Constitution of the International Labour Organization shall be communicated to
the Director-General of the International Labour Office for registration.
Article 28
1. This Convention shall be binding only upon those Members whose ratifications
have been registered with the International Labour Office.
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2. It shall come into force twelve months after the date on which the ratifications
of two Members of the International Labour Organization have been registered
with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which the ratification has been registered.
Article 29
As soon as the ratifications of two Members of the International Labour
Organization have been registered with the International Labour Office, the
Director-General of the International Labour Office shall so notify all the
Members of the International Labour Organization. He shall likewise notify them
of the registration of ratifications which may be communicated subsequently by
other Members of the Organization.
Article 30
1. A Member which has ratified this Convention may denounce it after the
expiration of ten years from the date on which the Convention first comes into
force, by an act communicated to the Director General of the International Labour
Office for registration. Such denunciation shall not take effect until one year after
the date on which it is registered with the International Labour Office.
2. Each Member which has ratified this Convention and which does not, within
the year following the expiration of the period of ten years mentioned in the
preceding paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of five years and, thereafter, may
denounce this Convention at the expiration of each period of five years under the
terms provided for in this Article.
Article 31
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a report on
the working of this Convention and shall examine the desirability of placing on
the agenda of the Conference the question of its revision in whole or in part.
Article 32
1. Should the Conference adopt a new Convention revising this Convention in
whole or in part, the ratification by a Member of the new revising Convention
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shall ipso jure involve denunciation of this Convention without any requirement
of delay, notwithstanding the provisions of Article 30 above, if and when the new
revising Convention shall have come into force.
2. As from the date of the coming into force of the new revising Convention, the
present Convention shall cease to be open to ratification by the Members. 3.
Nevertheless, this Convention shall remain in force in its actual form and content
for those Members which have ratified it but have not ratified the revising
Convention.
Article 33
The French and English texts of this Convention shall both be authentic.
Abolition of Forced Labour Convention (No. 105)

Entered into force: 17 January 1959
and having met in its Fortieth Session on 5 June 1957, and Having considered the
question of forced labour, which is the fourth item on the agenda of the session,
and Having noted the provisions of the Forced Labour Convention, 1930, and
Having noted that the Slavery Convention, 1926, provides that all necessary
measures shall be taken to prevent compulsory or forced labour from developing
into conditions analogous to slavery and that the Supplementary Convention on
the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to
Slavery, 1956, provides for the complete abolition of debt bondage and serfdom,
and Having noted that the Protection of Wages Convention,1949,provides that
wages shall be paid regularly and prohibits methods of payment which deprive the
worker of a genuine possibility of terminating his employment, and Having
decided upon the adoption of further proposals with regard to the abolition of
certain forms of forced or compulsory labour constituting a violation of the rights
of man referred to in the Charter of the United Nations and enunciated by the
Universal Declaration of Human Rights, and Having determined that these
proposals shall take the form of an international Convention, adopts this twenty-
fifth day of June of the year one thousand nine hundred and fifty-seven the
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following Convention, which may be cited as the Abolition of Forced Labour

Convention, 1957:
Article 1
Each Member of the International Labour Organization which ratifies this
Convention undertakes to suppress and not to make use of any form of forced or
compulsory labour:
(a) As a means of political coercion or education or as a punishment for holding
or expressing political views or views ideologically opposed to the established
political, social or economic system;
(b) As a method of mobilizing and using labour for purposes of economic
development;
(c) As a means of labour discipline;
(d) As a punishment for having participated in strikes;
(e) As a means of racial, social, national or religious discrimination.
Article 2
Each Member of the International Labour Organization which ratifies this
Convention undertakes to take effective measures to secure the immediate and
complete abolition of forced or compulsory labour as specified in Article 1 of this
Convention.
Article 3
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article 4
1. This Convention shall be binding only upon those Members of the International
Labour Organization whose ratifications have been registered with the Director-
General.
of two Members have been registered with the Director General.
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months after the date on which its ratification has been registered.
Article 5
force, by an act communicated to the Director-general of the International Labour
the date on which it is registered.
Article, will be bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of ten years under the
Article 6
1. The Director-General of the International Labour Office shall notify all
Members of the International Labour Organization of the registration of all
ratifications and denunciations communicated to him by the Members of the
Organization.
2. When notifying the Members of the Organization of the registration of the
second ratification communicated to him,the DirectorGeneral shall draw the
attention of the Members of the Organization to the date upon which the
Convention will come into force.
Article 7
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all ratifications
and acts of denunciation registered by him in accordance with the provisions of
the preceding Articles.
Article 8
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Article 9
whole or in part, then, unless the new Convention otherwise provides:
(a) The ratification by a Member of the new revising Convention shall ipso jure
involve the immediate denunciation of this Convention, notwithstanding the
provisions of Article 5 above, if and when the new revising Convention shall have
come into force;
(b) As from the date when the new revising Convention comes into force this
Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content
for those Members which have ratified it but have not ratified the revising
Convention.
Article 10
The English and French versions of the text of this Convention are equally
authoritative.
CONSTITUTIONAL PROVISIONS FOR ELIMINATION OF ALL

FORMS OF FORCED AND COMPULSORY LABOUR
The Indian laws prohibit slavery and any act which harms the dignity and
freedom of a person. Yet there are people who still view themselves as superior to
others. As a result, many people are forced to do work against their will at cheap
rates and millions of women and children become victims of human trafficking.
In 2016, there were 18.3 million people in modern slavery in India according to
the Global Slavery Index. The 2018 Global slavery survey report stated that there
has been a further addition of forced sexual exploitation and child labour in the
country.
The Right against exploitation enshrined in Article 23 and 24 of the Indian

Constitution guarantees human dignity and protect people from any such
exploitation. Thus, upholding the principles of human dignity and liberty upon
which the Indian Constitution is based.
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Prohibition of Traffic in Human Beings and Forced Labour

Clause 1 of Article 23 prohibits the trafficking of human beings, begar any similar
form of forced labour. It also states that any contravention of this provision is
punishable by the law. It explicitly prohibits:
 Human Trafficking: This refers to the sale and purchase of human beings
mostly for the purpose of sexual slavery, forced prostitution or forced
labour.
 Begar: This is a form of forced labour which refers to forcing a person to
work for no remuneration.
 Other forms of forced labour: This includes other forms of forced labour
in which the person works for a wage less than the minimum wage. This
includes bonded labour wherein a person is forced to work to pay off his
debt for inadequate remuneration, prison labour wherein prisoners sent in
for rigorous imprisonment are forced to work without even minimum
remuneration etc.
Hence, Article 23 has a very wide scope by ensuring that a person is not forced to
do anything involuntarily. For instance, It forbids a land-owner to force a
landless, poor labourer to render free services. It also forbids forcing a woman or
child into prostitution
Peoples Union for Democratic Rights v. Union of India, AIR 1982 SC 1943.
In the case of People’s Union for Democratic Rights v. Union of India, the
petitioner was an organization formed for the protection of democratic rights. It
undertook efforts to investigate the conditions under which the workmen
employed in various Asiad projects were working. This investigation found out
that various labour laws were being violated and consequently public interest
litigation was initiated. In the case issues like labourers not given the minimum
remuneration as mentioned in the minimum wages act, 1948 and unequal income
distribution among men and women were highlighted.
The Supreme Court interpreted the scope of article 23 in the case. The Court held
that the word force within this article has a very wide meaning. It includes
physical force, legal force and other economic factors which force a person to
provide labour at a wage less than the minimum wage. Hence, if a person is
forced to provide labour for less than the minimum wage, just because of poverty,
want, destitution or hunger, it would be accounted for as forced labour.
18
The Court also clarified the meaning of “all similar forms of forced labour” as
mentioned in article 23 of the Constitution of India. It said that not only begar, but
all forms of forced labour are prohibited. This means that it would not matter if a
person is given remuneration or not as long as he is forced to supply labour
against his will.
Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328.
In the case of Sanjit Roy v. State of Rajasthan, the state employed a large number
of workers for the construction of a road to provide them relief from drought and
scarcity conditions prevailing in their area. Their employment fell under the
Rajasthan Famine Relief Works Employees (Exemption from Labour Laws) Act,
1964. The people employed for the work were paid less than the minimum wage,
which was allowed in the Exemption Act.
The Court held that the Rajasthan Famine Relief Works Employees (Exemption
from Labour Laws) Act, 1964 is Constitutionally invalid as to the exclusion of the
minimum wages act. This means that minimum wage must be paid to all the
people employed by the state for any famine relief work, regardless of whether
the person is affected by drought or scarcity or not. This is essential so that the
state does not take advantage of the helpless condition of the people affected by
famine, drought etc and upholds that they must be paid fairly for the work into
which they put in effort and sweat, and which provides benefits to the state.
Deena v. Union of India, AIR 1983 SC 1155.

In the case of Deena @ Deena Dayal Etc. v Union of India And Others, it was
held that if a prisoner is forced to do labour without giving him any remuneration,
it is deemed to be forced labour and is violative of Article 23 of the Indian
Constitution. This is because the prisoners are entitled to receive reasonable
wages for the labour they did.
Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.

The petitioner, Bandhua Mukti Morcha is an organization waging a battle against
the horrendous system of bonded labour. In the case of Bandhua Mukti Morcha v.
Union of India, the organization sent a letter to Justice Bhagwati and the Court
treated it as a Public Interest Litigation. The letter contained its observations
based on a survey it conducted of some stone quarries in the Faridabad district
19
where it was found that these contained a large number of workers working in
“inhuman and intolerable conditions”, and many of them were forced labourers.
The Court laid down guidelines for determination of bonded labourers and also
provided that it is the duty of the state government to identify, release and
rehabilitate the bonded labourers. It was held that any person who is employed as
a bonded labour is deprived of his liberty. Such a person becomes a slave and his
freedom in the matter of employment is completely taken away and forced labour
is thrust upon him. It was also held that whenever it is shown that a worker is
engaged in forced labour, the Court would presume he is doing so in
consideration of some economic consideration and is, therefore, a bonded labour.
This presumption can only be rebutted against by the employer and the state
government if satisfactory evidence is provided for the same.
Compulsory service for public purposes
Article 23, clause 2 of the Constitution states that this article does not prevent the
state to impose compulsory services for public purposes. It also states that while
doing this, the state must not make any discrimination on grounds of religion,
race, caste, class or any of them.
Hence, though article 23 disallow any form of forced labour, it permits the state to
engage in conscription (impose compulsory services upon people for public
purposes). However, while imposing services upon people for state services the
state must take care to not discriminate on grounds of religion, race, caste or class.
Dulal Samanta v. D.M., Howrah, AIR 1958 Cal. 365
In the case of Dulal Samanta v. D.M., Howrah, the petitioner was served with a
notice appointing him as a special police officer for a period of three months. He
complained that this violated his fundamental right as it results in “forced labour”
The Court disregarded his appeal and held that conscription for services of police
cannot be considered as either:
(i) beggar; or
(ii) Traffic in human beings; or
(iii) Any similar form of forced labour.
20
Hence, the notice given for the appointment of a person as a special police officer
is not in prohibition to Article 23.
Prohibition of employment of children in factories,

Child labour is an inhumane practice which takes away the opportunity of having
a normal childhood from the children. It hampers their growth and mental
wellbeing of children. It also disables them from having normal fun-filled
childhood.
Article 39 of the Constitution states that it is the duty of the state to ensure that the
tender age of children is not abused and that they are not forced by economic
necessity to enter into fields of work where they are forced to provide labour
which is unsuitable to their age and strength
Article 24 states that any child under the age of fourteen years can not be
employed as a worker in any factory or be engaged in any other hazardous
employment.
Hence it prohibits the employment of children under the age of 14 years in

dangerous or unhealthy conditions which could harm their mental and physical
strength.
People’s Union for Democratic Rights v. Union of India, AIR 1983 SC 1473
In the case of People’s Union for Democratic Rights v. Union of India, the
petitioner observed the conditions in which the workers employed in various
Asiad projects were working. It was observed that children under the age of
fourteen had been employed. It was however contended that such employment
was not against the Employment of Children Act, 1938 since the act did not list
the construction industry as a hazardous industry.
The Court held that the construction work falls in the field of hazardous
employment. Thus, children under the age of fourteen must not be employed in
the construction work even though it has not been mentioned explicitly under the
Employment of Children Act 1938. The Court also advised the state government
to amend the schedule and change the omission to include the construction
industry into the list of hazardous industries.
21
M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699
In the case of M.C. Mehta v. State of Tamil Nadu, Shri MC Mehta undertook to
invoke Article 32, enabling the Court to look into the violation of fundamental
rights of children guaranteed to them under Article 24. Sivakasi was considered as
a big offender who was employing many child labourers. It was engaged in the
manufacturing process of matches and fireworks. This, the Court observed,
qualified as a hazardous industry. Thus employing children under the age of 14
years in this industry is prohibited.
The Court reaffirmed that children below the age of fourteen must not be
employed in any hazardous industry and it must be seen that all children are given
education till the age of 14 years. The Court also considered Article 39(e) which
says that the tender age of children must not be abused and they must be given
opportunities to develop in a healthy manner. In light of this, the Court held that
the employer Sivakasi must pay a compensation of Rs. 20000 for employing
children in contravention to Child Labour (Prohibition and Regulation) Act,
1986.
Conclusion
The stronger have exploited the weak since ancient ages. In India as well the
practice of exploitation is largely present. There are many areas in the country
where “untouchables” were being exploited in several ways by the higher castes
and richer classes. For instance, in many industries in India like brick kilns,Carpet
weaving, embroidery etc, many Bangladeshi and Nepali migrants are being
subjected to forced labour. This is seen as employers recruit them through fraud
and debt bondage. Such exploitation must be eradicated.
Also, Child labour is a bane for the nation. It is a shameful practise which harms
the welfare and development of the children as well as the entire nation. India still
has approximately 30 million child labourers. This is horrifying and It is high time
to eradicate this horrible practice and punish the offenders.
CONTRACT LABOUR ACT, 1970

*SUGGESTED READING – S.N. MISHRA
CONTRACT LABOUR- CONCEPT, SCOPE AND DIMENSIONS
22
The term ‘contract labour’ is used to denote different kinds of employment

relationships, yet certainly other than the regular employments based on a direct,
definite and identifiable employer-employee relationship. The term has no
internationally accepted delineation and this lack of conceptual clarity generates
contradictory interpretations and inhibits the development of an appropriate
protection mechanism for the workers involved1.
The labour may be engaged by an employer either by direct recruitment or

through an intermediary. In first case i.e. direct recruitment, the employee may be
engaged on regular basis or for a fixed term or for a particular project purely on
contractual terms, nonetheless, he or she is the employee of the employer and
employment relationship is governed by the rules of the employer’s enterprise
enacted in line with the spirit of the labour legislations of the place in general, if it
is a regular appointment, and by the contract of service, in case of contractual
appointment, howsoever in all cases, subject to the provisions of the Constitution.
The second method of engagement of labour is through the intermediaries known
by different names such as contractors, jobbers, employment agencies, labour
brokers etc. In such cases, three parties are involved-a principal employer (user
enterprise) for whom the work is performed, the intermediary who engages labour
to produce a given result for principal employer and the labour who actually
performs such work. There is a triangular employment relationship. It is in this
context, the term ‘contract labour’ is widely used, though with many variants.
However, broadly they may be categorized under two heads-
1. Labour Contracts or Labour-Only-Contracting- In this type of

arrangements, the intermediary supplies labour to principal employer.
Generally such labour works at the site of and under the supervision and
control of principal employer. However, the workers have no direct
relationship with the principal employer. The workers are the workers of
the intermediary and remuneration is paid by such intermediary.
2. Service Contracts or Job Contracting- When the intermediary undertakes to

produce a given result to the principal employer in the form of a service rather
than mere supply of labour is known as service contract or job contracting.
Service contracts further may be of two types. First purely commercial contracts
where two business firms come together and one promises to supply goods or
service to the other independently created by his personal skill and tools. The
supplier of such goods or service is not solely dependent on the user enterprises
for its livelihood. The workers employed by such supplier are his workers and
they have nothing to do with the user enterprise. This kind of business
23
arrangements are governed by the commercial legislations. The second type of job
contracts includes the arrangements where work is performed by individual
contractors or sub-contractors whose relationship with the user enterprise differs
from that existing between truly independent businesses2. The work is actually
done by the labourers engaged by such contractor. Such individual workers may
normally carry out certain work or services for the same user enterprise on a
permanent or periodical basis and are, to a certain extent, economically dependent
on it3. The user companies may also exercise control over the performance of
services and in spite of their formal independence, the individual workers actually
have a status which is very close to that of a traditional employment24. It is this
kind of arrangements which are covered under the concept of contract labour and
need specific labour legislation.
Thus, the term ‘contract labour’ is used to denote both labour-only-contracting as

well as job-contracting and therefore, becomes ambiguous and difficult to define.
For example, sometimes, job contracting is carried out at the site of the principal
employer with the raw material and tools provided by him and sometimes work is
performed in the premises of the contractors but under the strict supervision and
control of the principal employer. This confusion still persists and the
interpretations of various courts may vary in individual circumstances. However,
on the whole, it can be said that there is no direct employer-employee relationship
between the labour and the user enterprise but mediated by one or more parties
who actually engage such labour and pay remuneration to them.
The International Labour Organization has defined contract labour as, “For the
purpose of the proposed convention the term ‘contract labour’ should mean work
performed for a natural or legal person (referred to as a ‘user enterprise’) by a
person (referred to as a ‘contract worker’), pursuant to a contractual agreement
other than a contract of employment with the user enterprise, under actual
conditions of dependency or subordination to the user enterprise, where those
conditions are similar to those that characterize an employment relationship under
natural law and practice”4.
The Contract Labour (Regulation and Abolition) Act, 1970 defines contract
labour as, “A workman shall be deemed to be employed as contract labour in or
in connection with the work of an establishment when he is hired in or in
connection with such work by or through a contractor, with or without the
knowledge of the principal employer”.5
24
Thus, it can be concluded that presence of an intermediary between the user

enterprise and the actual labour, a degree of the labour’s dependency on or
subordination to the user enterprise and yet, no direct employer-employee
relationship between them are the core characteristics of the contract labour
system. The scope of the present research work is confined to such kind of
employment relationships only.
REASONS FOR ENGAGEMENT OF CONTRACT LABOUR
The pro-reformists and employers’ associations demand rationalization of labour

laws in India. Among others, they insist on allowing free hand to the
entrepreneurs to hire and fire human resource as and when the business needs it.
Employment security measures should be done away with. Labour should be
available on contract basis, at lowest possible wages and without any commitment
to their social security. Following are the major reasons of the immense increase
in engagement of contract labour-
1. Contract labour system helps to absorb the ever increasing population pressure
on the labour market by creating new employment opportunities such as short
term or fixed term work assignments and allied services to the main business
activities.
2. It makes the availability of labour easy and flexible. It helps the employer to
terminate the services of the labour as per the requirements of the business to
sustain competitiveness.
3. It helps to keep the wage bills low.
4. It enables the employers to avoid their accountabilities under the different

labour legislations such as compensation for lay-offs and retrenchments and social
security schemes as contract workers are not practically accessible to these
benefits, the claim for which is generally based on long term employer employee
relationship.
5. It keeps the overhead costs low and relieves the employer from maintaining a
big centralized establishment. The employers can avail the benefits of
specialization.
6. Contract workers do not unite to fight for their causes. They are usually
standing in competition with each other. They are often afraid of losing jobs. It
weakens the labour solidarity in general. Employers justify it saying that it avoids
industrial unrest and consequential losses.
25
7. The unwillingness to perform less skilled jobs on the part of educated youth is
also said to be a reason for the increase in contract labour system.
8. Migration of people to developing regions is also one of the causes of increase

in contract labour. Migrants put extra pressure on the labour market in industrial
sector to the disadvantage of the local labour.
9. The efficiency of contract labourers is claimed to be higher than regular

workers who are usually ill motivated to show excellence at work. Insecurity of
employment is deemed to promote work culture.
10. The failure of public sector and less motivation of Government employees for
work has led to increased use of contract workers in Government departments and
public undertakings. It encourages the unrestricted use and abuse of contract
labour in private enterprises. It is also one of the major reasons why the
Government is reluctant to amend the labour laws to protect contract labour as it
itself employs contract labour at a very large scale
PROBLEMS OF CONTRACT LABOURERS
Problems of contract workers are quite peculiar ones because there is a triangular
employment relationship. The basis to establish labour rights is the employer-
employee relationship which is a quite complex phenomenon in case of contract
labour. Some of the problems which are categorically faced by contract workers
are as under-
1. Inadequate Remuneration: Various studies have revealed that contract

labourers are not paid even the minimum wages fixed under the Minimum Wages
Act, 1948. No Value added Dearness Allowance (VDA) is paid to contract
workers. VDA represents the rise in cost of living index numbers. Contract
workers are less educated and unaware about their rights to minimum wages and
contractors in connivance with principal employers, take benefit of this situation.
2. Discrimination at Workplace: The workers having permanent status receive

much higher wages, allowances and amenities than the contract workers doing the
very same work. Reports of various Standing Labour Committees, Tripartite
Committees and research works have expressed deep concern over this issue. A
difference of wages, working conditions and other amenities between regular and
contract workers weakens the labour solidarity at workplace.
26
3. Inadequate Social Security Provisions: Social security systems provide for

basic income in case of unemployment, illness and injury, old age and retirement,
invalidity, family responsibilities such as pregnancy and childcare, and loss of the
family breadwinner6. Art 41 of the Constitution of India directs the state to
provide public assistance to its citizens in case of unemployment, old age,
sickness and disablement within the limits of its economic capacity and
development. Social security benefits are important not only for individual
workers and their families but also for their communities as a whole providing
health care; income security and social welfare enhance productivity and
contributes to the development of the country. The provisions of the Employees
Provident Fund and Miscellaneous Provisions Act, 1952, The Employees State
Insurance Act, 1948 and The Employees Compensation Act, 2010 are applicable
to workers employed through contractors but in practice, no such contributions
are being paid by employers. Many a times, deductions are made from the wages
for contribution to social security schemes but they are not deposited into the
social security account of labourers. Poor and illiterate contract workers are not
provided with any account number in their names. They are unaware of their
rights under social security legislations.
4. Poor Working Conditions: The definition of "worker" under section 2 (1) of

the Factories Act, 1948 includes workers employed by or through an agency
(including a contractor) with or without the knowledge of the principal employer.
Therefore, contract workers are also entitled to all the benefits available to
workers under the Factories Act, 1948 including those relating to weekly
holidays, overtime wages, compensatory holidays, leave with wages etc. But in
practice, the working conditions of contract workers are poor. They are not given
any paid holidays. The working conditions at the site of contractor's premises are
quite unsatisfactory.
5. Lack of Judicial Access: Under the Contract Labour (Regulation and

Abolition) Act, 1970, majority of the powers are vested with the executive organ
of the Government. Appropriate Government is empowered to fix minimum
wages, issue licenses to principal employers and contractors and abolition of
contract labour in certain circumstances, and to ensure implementation of the Act
through Labour Commissioners. The contract workers are left on the mercy of
executive action. Until and unless some fundamental questions are raised in the
dispute such as when the contract between the contractor and principal employer
is bogus one, contract workers cannot seek any judicial remedy in the ordinary
courts of law or labour courts under the Industrial Disputes Act, 1947.
27
In addition to the above stated problems, various other typical problems are faced
by migrant workers, women workers and their children due to poor
implementation of the Act. There is lack of sincerity on the part of the industrial
relations machinery and policy makers in ensuring compliance of the barest
minimum of the legislation.
LEGAL PROTECTION TO CONTRACT LABOUR IN INDIA
The legislature of India had a vigilant eye on the matter when it went on to enact
the first regulation on contract labour named as Contract Labour (Regulation and
Abolition) Act, 1970. This enactment is still the key legislation regulating
contract labour in India.
The Contract Labour (Regulation and Abolition) Act, 1970
The Contract Labour (Regulation and Abolition) Act 1970 (hereinafter named as
the Act) has been exclusively passed to protect and safeguard the interests of
contract labourers in India. A contract labourer is defined in the Act as one who is
hired in or in connection with the work of an establishment by or through a
contractor, with or without the knowledge of principal employer. (Section 2(1)
(b)). A principal employer is the person who has authorized control over the
establishment whereas a contractor is a person who procures labour for the user
enterprise and includes a sub-contractor. Contract labour system covered under
the Act includes both labour contracts as well as job contracts.
Objects of the Act
As per the object clause of the Act, this is an Act to regulate the employment of
contract labour in certain establishments and to provide for its abolition in certain
circumstances and for matters connected therewith. It is clear that the legislature
did not feel it expedient to completely do away with contract labour, since there
are several fields of employments where engagement of contract labour becomes
necessary in the interest of the industry. The Act seeks to fulfill the following
objectives-
1. Affording security to the labourers in consonance with the objectives of a

socialist economic model.
2. Affording equal treatment and security to all labourers, be it employees of an

industry or contract labourers.
3. Curbing of exploitation of contract labourers.

28
Salient Features of the Act
Following are some important features of the Act-
1. The Act has been enacted to regulate the employment of contract labour in
certain establishments and to provide for its abolition in certain circumstances.
Thus, the Act does not provide for absolute prohibition on contract labour system
rather it retains the system with some regulations.
2. The Act is applicable to every establishment in which twenty or more workmen

are employed or were employed on any day of preceding twelve months as
contract labour. Every contractor who employs or who employed on any day of
the preceding twelve months, twenty or more contract workers, is subject to the
provisions of this Act. This Act is not applicable if the work is of casual or
intermittent nature unless the work in case of intermittent nature is performed for
more than one hundred and twenty days in the preceding twelve months or if the
work is of seasonal character and is performed for more than sixty days in a year.
3. The Act provides for the setting up of Central Advisory Contract Labour Board
by the Central Government in Central sphere and State Advisory Contract Labour
Board by the State Governments to advice upon the matters arising out of the
administration of the Act.
4. The principal employer is required to be registered and the contractor is

required to have license in order to execute any work through contract workers, as
provided under the Act. The work undertaken to be done must be under and in
accordance with the conditions of license, for example, conditions relating to
fixation of wages, hours of work and other facilities and amenities prescribed by
the Rules made under the Act.
5. There are certain welfare provisions in the Act and the Central Rules made
there under regarding the provisions of canteens, restrooms, sufficient drinking
water supply, latrines and urinals, washing facilities and first aid facilities for the
contract workers. The primary duty is cast upon the contractor and in case of
default; the principal employer is liable to provide the same.
6. Wages are required to be disbursed by the contractor in the presence of the

authorized representative of the principal employer. If the contractor fails to pay
wages either in part or in full, the principal employer is liable to pay the same.
Same wages and service conditions will be applicable to contract worker as well
as regular worker in case same or similar kind of work is performed.
29
7. The penal provision for the employment of contract labour in contravention of

the provisions of the Act provides for punishment of imprisonment for a term
extendable up to 3 months or fine up to a maximum of one thousand rupees or
both.
8. Apart from the regulatory provisions, section 10 of the Act enables the
Appropriate Government to prohibit employment of contract labour, by
notification, in any establishment or in any process, operation or other work.
Before issuing such notification, consultation is to be done with the respective
Advisory Board. Sub-section (2) of section 10 provides necessary guidelines in
this regard. The appropriate Government should decide upon the matter after
taking following guidelines into account-
1. Whether the work is incidental or necessary for the work of an establishment?
2. Whether the work is sufficient to employ a considerable number of whole time

workmen?
3. Whether the work is being done ordinarily through regular workmen in that
establishment or in a similar establishment?
4. Conditions of work and benefits provided to the contract labour where the work
is of perennial nature.
There are Central Rules named as the Contract Labour (Regulation and Abolition)
Central Rules, 1971 and state level rules, for example, in Punjab, The Punjab
Contract Labour (Regulation and Abolition) Rules, 1973. These Rules further
clarify the provisions of the Act and thereby help in safeguarding interests of
contract workers. There are some other labour laws which are applicable to
contract labourers also, such as, Employees Provident Funds and Miscellaneous
Provisions Act, 1952, Employees State Insurance Act, 1948, Employees
Compensation Act, 1923, The Minimum Wages Act, 1948, the Factories Act,
1948 and to some extent the Industrial Disputes Act, 1947 also.
In the case of Standard Vacuum Refining Company v. Its Workmen AIR

1961 SC 895, the guidelines issued by the honorable Supreme Court emphasized
on special attention to the problems of contract labourers. The issue in the case
was with regard to an award of the Industrial Tribunal which was in favour of
workmen considering demand made by the union for abolition of contractual
system of work, cleaning and maintenance of machinery. Employer challenged
the award raising issues whether such dispute constitutes an Industrial Dispute
30
under section 2 (k) of The Industrial Disputes Act, 1947 and justifiability of the
tribunal in interfering with the management's rights. The Supreme Court, negating
the contentions of the employer, observed that contract labour system is primitive
and baneful. The Court directed the company to discontinue the practice of
contract labour and to have the work done through workmen engaged by it.
After the enactment of Contract Labour (Regulation and Abolition) Act, 1970,
the courts used to make orders for the abolition of contract labour but not any
specific relief was granted in favour of the contract labourers. In Gujrat
Electricity Board v. Hind Mazdoor Sabha and Others AIR 1995 SC 1893,
Supreme Court held that it is only the Appropriate Government to decide whether
the system of contract labour should be abolished or not. The Act is silent on the
issue of status of workman after the abolition of contract labour system in an
establishment i.e. whether it will amount to automatic absorption of the already
working contract labourers or it will have the effect of throwing them away from
the workplace.
In the case of Air India Statutory Corporation v. United Labour Union, 1997
(9) SCC 377 Supreme Court clearly ordered in favour of automatic absorption of
contract labour on abolition of contract labour system under section 10 and held
that contract workers can avail of the remedy under Art.226 of the Constitution
also. Thus, a writ or an order may be passed by a High Court or the Supreme
Court to direct the employer to absorb or re-employ the already working contract
labourers in preference to the new applicants.
The doors of judiciary which were opened in Air India Case were shut down in
The Steel Authority of India Ltd. v. National Union for Waterfront Workers.
(2001) 7 SCC 1. Supreme Court overruled the judgment of Air India Case and
prospectively held that there cannot be any automatic absorption of the workmen
of the contractor if the contract labour system is abolished. Afterwards in Cipla
Ltd v. Maharashtra General Kamgar 2001 CLR 1754 SC , Court denied relief
on the ground that employer-employee relationship could not be established.
Employer-employee relationship is quite difficult to prove in contractual
employments entered by or through contractors.
The Contract Labour (Regulation and Abolition) Act, 1970 and the Central Rules
made there under have been in force for more than four decades but the conditions
of contract labourers are becoming worse to worst in the changed economic
realities. The Act has failed to achieve its desired objectives. Even the
interpretation of its provisions by the Supreme Court and various High Courts are
31
now being used for purposes contrary to the objectives of the Act. Its
implementation has not been satisfactory
EFFECTIVE ABOLITION OF CHILD LABOUR
INTRODUCTION
Children enjoy the same human rights accorded to all people. But, lacking the
knowledge, experience or physical development of adults and the power to defend
their own interests in an adult world, children also have distinct rights to
protection by virtue of their age. One of these is protection from economic
exploitation and from work that is dangerous to the health and morals of children
or hampers the child’s development. The principle of the effective abolition of
child labour means ensuring that every girl and boy has the opportunity to
develop physically and mentally to her or his full potential. Its aim is to stop all
work by children that jeopardizes their education and development. This does not
mean stopping all work performed by children. International labour standards
allow the distinction to be made between what constitutes acceptable and
unacceptable forms of work for children at different ages and stages of
development. The principle extends from formal employment to the informal
economy where the bulk of the unacceptable forms of child labour are found. It
covers family-based enterprises, agricultural activities, domestic service and
unpaid work carried out under various customary arrangements such as children
working in return for their keep. To achieve the effective abolition of child labour,
governments should fix and enforce a minimum age or ages at which children can
enter into different types of work. Within limits, these ages may vary according to
32
national social and economic circumstances. However, the general minimum age
for admission to employment should not be less than the age of completion of
compulsory schooling and never be less than 15 years. In some instances,
developing countries may make exceptions to this, and a minimum age of 14
years may be applied where the economy and educational facilities are
insufficiently developed. Certain types of work categorized as “the worst forms of
child labour” are totally unacceptable for all children under the age of 18 years,
and their abolition is a matter for urgent and immediate action. These forms
include such inhumane practices as slavery, trafficking, debt bondage and other
forms of forced labour; prostitution and pornography; forced recruitment of
children for military purposes; and the use of children for illicit activities such as
the trafficking of drugs. Dangerous work that can harm the health, safety or
morals of children are subject to assessment by governments in consultation with
workers’ and employers’ organizations. A key characteristic of any effective
strategy to abolish child labour is the provision of relevant and accessible basic
education. However, education must be an integral part of a wide range of
measures that combat many factors, such as poverty, lack of awareness of
children’s rights and inadequate systems of social protection that give rise to child
labour and allow it to persist.
Minimum Age Convention (No. 138)

and having met in its Fifty-eighth Session on 6 June 1973, and Having decided
upon the adoption of certain proposals with regard to minimum age for admission
to employment, which is the fourth item on the agenda of the session, and Noting
the terms of the Minimum Age (Industry) Convention, 1919, the Minimum Age
(Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, the
Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age
(Nonindustrial Employment) Convention, 1932, the Minimum Age (Sea)
Convention (Revised),1936,the Minimum Age (Industry) Convention (Revised),
1937, the Minimum Age (Non-Industrial Employment) Convention (Revised),
1937, the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age
(Underground Work) Convention, 1965, and Considering that the time has come
to establish a general instrument on the subject, which would gradually replace
the existing ones applicable to limited economic sectors, with a view to achieving
the total abolition of child labour, and Having determined that these proposals
33
shall take the form of an international Convention, adopts this twenty-sixth day of
June of the year one thousand nine hundred and seventy-three the following
Convention, which may be cited as the Minimum Age Convention, 1973:
Article 1
Each Member for which this Convention is in force undertakes to pursue a

national policy designed to ensure the effective abolition of child labour and to
raise progressively the minimum age for admission to employment or work to a
level consistent with the fullest physical and mental development of young
persons.
Article 2
1. Each Member which ratifies this Convention shall specify, in a declaration

appended to its ratification, a minimum age for admission to employment or work
within its territory and on means of transport registered in its territory; subject to
Articles 4 to 8 of this Convention, no one under that age shall be admitted to
employment or work in any occupation.
2. Each Member which has ratified this Convention may subsequently notify the
Director-General of the International Labour Office, by further declarations, that
it specifies a minimum age higher than that previously specified.
3. The minimum age specified in pursuance of paragraph 1 of this Article shall

not be less than the age of completion of compulsory schooling and, in any case,
shall not be less than 15 years.
4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose

economy and educational facilities are insufficiently developed may, after
consultation with the organizations of employers and workers concerned, where
such exist, initially specify a minimum age of 14 years.
5. Each Member which has specified a minimum age of 14 years in pursuance of

the provisions of the preceding paragraph shall include in its reports on the
application of this Convention submitted under Article 22 of the Constitution of
the International Labour Organization a statement:
(a) That its reason for doing so subsists; or,
(b) That it renounces its right to avail itself of the provisions in question as from
a stated date.
34
Article 3
1. The minimum age for admission to any type of employment or work which by
its nature or the circumstances in which it is carried out is likely to jeopardize the
health, safety or morals of young persons shall not be less than 18 years.
2. The types of employment or work to which paragraph 1 of this Article applies

shall be determined by national laws or regulations or by the competent authority,
after consultation with the organizations of employers and workers concerned,
where such exist.
3. Notwithstanding the provisions of paragraph 1 of this Article, national laws or

regulations or the competent authority may, after consultation with the
organizations of employers and workers concerned, where such exist, authorize
employment or work as from the age of 16 years on condition that the health,
safety and morals of the young persons concerned are fully protected and that the
young persons have received adequate specific instruction or vocational training
in the relevant branch of activity.
Article 4
1. In so far as necessary, the competent authority, after consultation with the

organizations of employers and workers concerned, where such exist, may
exclude from the application of this Convention limited categories of employment
or work in respect of which special and substantial problems of application arise.
2. Each Member which ratifies this Convention shall list in its first report on the
application of the Convention submitted under Article 22 of the Constitution of
the International Labour Organization any categories which may have been
excluded in pursuance of paragraph 1 of this Article, giving the reasons for such
exclusion, and shall state in subsequent reports the position of its law and practice
in respect of the categories excluded and the extent to which effect has been given
or is proposed to be given to the Convention in respect of such categories.
3. Employment or work covered by Article 3 of this Convention shall not be

excluded from the application of the Convention in pursuance of this Article.
Article 5
1. A Member whose economy and administrative facilities are insufficiently

developed may, after consultation with the organizations of employers and
35
workers concerned, where such exist, initially limit the scope of application of
this Convention.
2. Each Member which avails itself of the provisions of paragraph 1 of this

Article shall specify, in a declaration appended to its ratification, the branches of
economic activity or types of undertakings to which it will apply the provisions of
the Convention.
3. The provisions of the Convention shall be applicable as a minimum to the

following: mining and quarrying; manufacturing; construction; electricity, gas and
water; sanitary services; transport, storage and communication; and plantations
and other agricultural undertakings mainly producing for commercial purposes,
but excluding family and small-scale holdings producing for local consumption
and not regularly employing hired workers.
4. Any Member which has limited the scope of application of this Convention in
pursuance of this Article:
(a) shall indicate in its reports under Article 22 of the Constitution of the
International Labour Organization the general position as regards the employment
or work of young persons and children in the branches of activity which are
excluded from the scope of application of this Convention and any progress which
may have been made towards wider application of the provisions of the
Convention;
(B) May at any time formally extend the scope of application by a declaration
addressed to the Director-General of the International Labour Office.
Article 6
This Convention does not apply to work done by children and young persons in
schools for general, vocational or technical education or in other training
institutions, or to work done by persons at least 14 years of age in undertakings,
where such work is carried out in accordance with conditions prescribed by the
competent authority, after consultation with the organizations of employers and
workers concerned, where such exist, and is an integral part of:
(a) A course of education or training for which a school or training institution is

primarily responsible;
(b) A programme of training mainly or entirely in an undertaking, which

programme has been approved by the competent authority; or,
36
(c) A programme of guidance or orientation designed to facilitate the choice of an

occupation or of a line of training.
Article 7
1. National laws or regulations may permit the employment or work of persons 13

to 15 years of age on light work which is:
(a) not likely to be harmful to their health or development; and,
(b) not such as to prejudice their attendance at school, their participation in

vocational orientation or training programmes approved by the competent
authority or their capacity to benefit from the instruction received.
2. National laws or regulations may also permit the employment or work of

persons who are at least 15 years of age but have not yet completed their
compulsory schooling on work which meets the requirements set forth in
subparagraphs (a) and (b) of paragraph 1 of this Article.
3. The competent authority shall determine the activities in which employment or

work may be permitted under paragraphs 1 and 2 of this Article and shall
prescribe the number of hours during which and the conditions in which such
employment or work may be undertaken.
4. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, a Member

which has availed itself of the provisions of paragraph 4 of Article 2 may, for as
long as it continues to do so, substitute the ages 12 and 14 for the ages 13 and 15
in paragraph 1 and the age 14 for the age 15 in paragraph 2 of this Article.
Article 8
1. After consultation with the organizations of employers and workers concerned,

where such exist, the competent authority may, by permits granted in individual
cases, allow exceptions to the prohibition of employment or work provided for in
Article 2 of this Convention, for such purposes as participation in artistic
performances.
2. Permits so granted shall limit the number of hours during which and prescribe
the conditions in which employment or work is allowed.
Article 9
37
1. All necessary measures, including the provision of appropriate penalties, shall

be taken by the competent authority to ensure the effective enforcement of the
provisions of this Convention.
2. National laws or regulations or the competent authority shall define the persons
responsible for compliance with the provisions giving effect to the Convention.
3. National laws or regulations or the competent authority shall prescribe the

registers or other documents which shall be kept and made available by the
employer; such registers or documents shall contain the names and ages or dates
of birth, duly certified wherever possible, of persons whom he employs or who
work for him and who are less than 18 years of age.
Article 10
1. This Convention revises, on the terms set forth in this Article, the Minimum
Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920, the
Minimum Age (Agriculture) Convention, 1921, the Minimum Age (Trimmers and
Stokers) Convention, 1921, the Minimum Age (Non-Industrial Employment)
Convention, 1932, the Minimum Age (Sea) Convention (Revised), 1936, the
Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age
(Nonindustrial Employment) Convention (Revised), 1937, the Minimum Age
(Fishermen) Convention, 1959, and the Minimum Age (Underground Work)
Convention, 1965.
2. The coming into force of this Convention shall not close the Minimum Age
(Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention
(Revised), 1937, the Minimum Age (nonindustrial Employment) Convention
(Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, or the
Minimum Age (Underground Work) Convention, 1965, to further ratification.
3. The Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea)
Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, and the
Minimum Age (Trimmers and Stokers) Convention,1921,shall be closed to
further ratification when all the parties thereto have consented to such closing by
ratification of this Convention or by a declaration communicated to the Director-
General of the International Labour Office.
4. When the obligations of this Convention are accepted:
38
(a) by a Member which is a party to the Minimum Age (Industry) Convention

(Revised), 1937, and a minimum age of not less than 15 years is specified in
pursuance of Article 2 of this Convention, this shall ipso jure involve the
immediate denunciation of that Convention;
(b) In respect of non-industrial employment as defined in the Minimum Age

(Non-Industrial Employment) Convention, 1932, by a Member which is a party to
that Convention, this shall ipso jure involve the immediate denunciation of that
Convention;
(c) in respect of non-industrial employment as defined in the Minimum Age

(Non-Industrial Employment) Convention (Revised), 1937, by a Member which is
a party to that Convention, and a minimum age of not less than 15 years is
specified in pursuance of Article 2 of this Convention, this shall ipso jure involve
the immediate denunciation of that Convention;
(d) in respect of maritime employment, by a Member which is a party to the

Minimum Age (Sea) Convention (Revised), 1936, and a minimum age of not less
than 15 years is specified in pursuance of Article 2 of this Convention or the
Member specifies that Article 3 of this Convention applies to maritime
employment, this shall ipso jure involve the immediate denunciation of that
Convention;
(e) in respect of employment in maritime fishing, by a Member which is a party to

the Minimum Age (Fishermen) Convention, 1959, and a minimum age of not less
than 15 years is specified in pursuance of Article 2 of this Convention or the
Member specifies that Article 3 of this Convention applies to employment in
maritime fishing, this shall ipso jure involve the immediate denunciation of that
Convention;
(f) by a Member which is a party to the Minimum Age (Underground Work)

Convention, 1965, and a minimum age of not less than the age specified in
pursuance of that Convention is specified in pursuance of Article 2 of this
Convention or the Member specifies that such an age applies to employment
underground in mines in virtue of Article 3 of this Convention, this shall ipso jure
involve the immediate denunciation of that Convention, if and when this
Convention shall have come into force.
5. Acceptance of the obligations of this Convention:
39
(a) Shall involve the denunciation of the Minimum Age (Industry) Convention,
1919, in accordance with Article 12 thereof;
(b) In respect of agriculture shall involve the denunciation of the Minimum Age
(Agriculture) Convention, 1921, in accordance with Article 9 thereof;
(c) In respect of maritime employment shall involve the denunciation of the

Minimum Age (Sea) Convention, 1920, in accordance with Article 10 thereof,
and of the Minimum Age (Trimmers and Stokers) Convention, 1921, in
accordance with Article 12 thereof, if and when this Convention shall have come
into force.
Article 11

Article 12
General.
of two Members have been registered with the Director-General.
months after the date on which its ratification has been registered.
Article 13
40
Article 14

ratifications and denunciations communicated to him by the Members of the
Organization.

second ratification communicated to him, the Director General shall draw the
attention of the Members of the Organization to the date upon which the
Convention will come into force.
Article 15
The Director-General of the International Labour Office shall communicate to the

Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all ratifications
and acts of denunciation registered by him in accordance with the provisions of
the preceding Articles.
Article 16

Article 17

(a) The ratification by a Member of the new revising Convention shall ipso jure
provisions of Article 13 above, if and when the new revising Convention shall
have come into force;
41
(b) As from the date when the new revising Convention comes into force this
Convention shall cease to be open to ratification by the Members. 2. This
Convention shall in any case remain in force in its actual form and content for
those Members which have ratified it but have not ratified the revising
Convention.
Article 18
authoritative.
Worst Forms of Child Labour Convention (No. 182)
Entered into force: 19 Nov. 2000

and having met in its 87th Session on 1 June 1999, and Considering the need to
adopt new instruments for the prohibition and elimination of the worst forms of
child labour, as the main priority for national and international action, including
international cooperation and assistance, to complement the Convention and the
Recommendation concerning Minimum Age for Admission to Employment,
1973, which remain fundamental instruments on child labour, and Considering
that the effective elimination of the worst forms of child labour requires
immediate and comprehensive action, taking into account the importance of free
basic education and the need to remove the children concerned from all such work
and to provide for their rehabilitation and social integration while addressing the
needs of their families, and Recalling the resolution concerning the elimination of
child labour adopted by the International Labour Conference at its 83rd Session in
1996, and Recognizing that child labour is to a great extent caused by poverty and
that the long-term solution lies in sustained economic growth leading to social
progress, in particular poverty alleviation and universal education, and Recalling
the Convention on the Rights of the Child adopted by the United Nations General
Assembly on 20 November 1989, and Recalling the ILO Declaration on
Fundamental Principles and Rights at Work and its Follow-up, adopted by the
International Labour Conference at its 86th Session in 1998, and Recalling that
some of the worst forms of child labour are covered by other international
42
instruments, in particular the Forced Labour Convention, 1930, and the United
Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery, 1956, and Having decided upon
the adoption of certain proposals with regard to child labour, which is the fourth
item on the agenda of the session, and Having determined that these proposals
shall take the form of an international Convention; adopts this seventeenth day of
June of the year one thousand nine hundred and ninety-nine the following
Convention, which may be cited as the Worst Forms of Child Labour Convention,
1999.
Article 1
Each Member which ratifies this Convention shall take immediate and effective
measures to secure the prohibition and elimination of the worst forms of child
labour as a matter of urgency.
Article 2
For the purposes of this Convention, the term “child” shall apply to all persons
under the age of 18.
Article 3
For the purposes of this Convention, the term “the worst forms of child labour”
comprises:
(a) all forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondage and serfdom and forced or compulsory
labour, including forced or compulsory recruitment of children for use in armed
conflict;
(b) The use, procuring or offering of a child for prostitution, for the production of
pornography or for pornographic performances;
(c) The use, procuring or offering of a child for illicit activities, in particular for
the production and trafficking of drugs as defined in the relevant international
treaties;
(d) Work which, by its nature or the circumstances in which it is carried out, is
likely to harm the health, safety or morals of children.
Article 4
43
1. The types of work referred to under Article 3(d) shall be determined by

national laws or regulations or by the competent authority, after consultation with
the organizations of employers and workers concerned, taking into consideration
relevant international standards, in particular Paragraphs 3 and 4 of the Worst
Forms of Child Labour Recommendation, 1999.
2. The competent authority, after consultation with the organizations of

employers and workers concerned, shall identify where the types of work so
determined exist.
3. The list of the types of work determined under paragraph 1 of this Article shall
be periodically examined and revised as necessary, in consultation with the
organizations of employers and workers concerned.
Article 5
Each Member shall, after consultation with employers’ and workers

’organizations, establish or designate appropriate mechanisms to monitor the
implementation of the provisions giving effect to this Convention.
Article 6
1. Each Member shall design and implement programmes of action to eliminate as

a priority the worst forms of child labour.
2. Such programmes of action shall be designed and implemented in consultation

with relevant government institutions and employers’ and workers’ organizations,
taking into consideration the views of other concerned groups as appropriate.
Article 7
1. Each Member shall take all necessary measures to ensure the effective
implementation and enforcement of the provisions giving effect to this
Convention including the provision and application of penal sanctions or, as
appropriate, other sanctions.
2. Each Member shall, taking into account the importance of education in

eliminating child labour, take effective and time-bound measures to:
(a) Prevent the engagement of children in the worst forms of child labour;
44
(b) Provide the necessary and appropriate direct assistance for the removal of
children from the worst forms of child labour and for their rehabilitation and
social integration;
(c) Ensure access to free basic education, and, wherever possible and appropriate,
vocational training, for all children removed from the worst forms of child labour;
(d) Identify and reach out to children at special risk; and,
(e) Take account of the special situation of girls.
3. Each Member shall designate the competent authority responsible for the
implementation of the provisions giving effect to this Convention.
Article 8
Members shall take appropriate steps to assist one another in giving effect to the
provisions of this Convention through enhanced international cooperation and/or
assistance including support for social and economic development, poverty
eradication programmes and universal education.
Article 9

Article 10
General of the International Labour Office.
2. It shall come into force 12 months after the date on which the ratifications of
two Members have been registered with the Director General.
3. Thereafter, this Convention shall come into force for any Member 12 months
after the date on which its ratification has been registered.
Article 11
45
Article 12

ratifications and acts of denunciation communicated by the Members of the
Organization.

second ratification, the Director-General shall draw the attention of the Members
of the Organization to the date upon which the Convention shall come into force.
Article 13
The Director-General of the International Labour Office shall communicate to the

Secretary-General of the United Nations, for registration in accordance with
Article 102 of the Charter of the United Nations, full particulars of all ratifications
and acts of denunciation registered by the Director-General in accordance with
the provisions of the preceding Articles.
Article 14
At such times as it may consider necessary, the Governing Body of the

Article 15
46

(a) the ratification by a Member of the new revising Convention shall ipso jure
provisions of Article 11 above, if and when the new revising Convention shall
have come into force;
(b) as from the date when the new revising Convention comes into force, this
Convention shall cease to be open to ratification by the Members. 2. This
Convention shall in any case remain in force in its actual form and content for
those Members which have ratified it but have not ratified the revising
Convention.
Article 16
authoritative.
Convention No. 189 Decent work for domestic workers
Domestic work is work. Domestic workers are, like other workers, entitled to
decent work.
On 16 June 2011, the International Labour Conference of the International Labour

Organization adopted the Convention concerning decent work for domestic
workers, which is also referred to as the Domestic Workers Convention, 2011
(No. 189).
What is a Convention of the ILO?

A treaty adopted by the International Labour Conference, which is made up of
government, worker and employer delegates from the 183 member States of the
ILO.
What is Convention No. 189 about?
47
Convention No. 189 offers specific protection to domestic workers. It lays down
basic rights and principles, and requires States to take a series of measures with a
view to making decent work a reality for domestic workers.
What does it mean to ratify a Convention?

When a country ratifies a Convention, its government formally makes a
commitment to implement all the obligations provided in the Convention, and to
report periodically to the ILO on the measures taken in this regard.
Recommendation No. 201 – how is it related to the Convention?

Domestic Workers Recommendation No. 201, also adopted by the International
Labour Conference of 2011, supplements Convention No. 189. Unlike the
Convention, Recommendation No. 201 is not open for ratification. The
Recommendation provides practical guidance concerning possible legal and other
measures to implement the rights and principles stated in the Convention.
How is the Convention to be implemented?

The Convention may be implemented by extending or adapting existing laws and
regulations or other measures or by developing new and specifi c measures for
domestic workers. Some of the measures required under the Convention may be
taken progressively.
Who is covered by Convention No. 189?
What is domestic work?
Convention No. 189 defines domestic work as “work performed in or for a

household or households”.
This work may include tasks such as cleaning the house, cooking, washing and
ironing clothes, taking care of children, or elderly or sick members of a family,
gardening, guarding the house, driving for the family, even taking care of
household pets.
Who is a domestic worker?
Under the Convention, a domestic worker is “any person engaged in domestic

work within an employment relationship”.
48
A domestic worker may work on full-time or part-time basis; may be employed

by a single household or by multiple employers; may be residing in the household
of the employer (live-in worker) or may be living in his or her own residence
(live-out). A domestic worker may be working in a country of which she/he is not
a national.
All domestic workers are covered by Convention No. 189, although countries
may decide to exclude some categories, under very strict conditions.
Who is the employer of a domestic worker?
The employer of a domestic worker may be a member of the household for which
the work is performed, or an agency or enterprise that employs domestic workers
and makes them available to households
In implementing the Convention, will workers and employers be consulted?
The provisions of the Convention are to be implemented in consultation with the

most representative workers’ and employers’ organizations (Article 18).
In addition, the Convention requires Governments to consult with the most

representative organizations of employers and workers and, where they exist, with
organizations that represent domestic workers and organizations that represent
employers of domestic workers on four particular matters: (i) identifying
categories of workers who would be excluded from the scope of the Convention;
(ii) measures on occupational safety and health; (iii) measures on social security;
and (iv) measures to protect workers from abusive practices by private
employment agencies (Articles 2, 13 & 15).
What can domestic workers do to enjoy the protections offered by

Convention No. 189?
Convention No. 189 affirms the fundamental rights of domestic workers. It sets
minimum labour standards for domestic workers. Domestic workers can:
• organize & mobilize support for the ratification and implementation of the
Convention by their Governments;
• use the provisions of the Convention and the Recommendation to influence
changes in laws and improve the working and living conditions of domestic
workers, regardless of whether or not the country in which they work has ratified
Convention No. 189.
49
What are the minimum standards set by Convention No. 189 for domestic
workers?
Basic rights of domestic workers
• Promotion and protection of the human rights of all domestic workers

(Preamble; Article 3).
• Respect and protection of fundamental principles and rights at work:
(a) Freedom of association and the effective recognition of the right to

collective bargaining;
(b) Elimination of all forms of forced or compulsory labour;
(c) Abolition of child labour; and
(d) Elimination of discrimination in respect of employment and occupation
(Articles 3, 4, 11).
• Effective protection against all forms of abuse, harassment and violence (Article
5).
• Fair terms of employment and decent living conditions (Article 6).
Information on terms and conditions of employment
• Domestic workers must be informed of their terms and conditions of

employment in an easily understandable manner, preferably through a written
contract (Article 7).
Hours of work
• Measures aimed at ensuring equal treatment between domestic workers and

workers generally with respect to normal hours of work, overtime compensation,
periods of daily and weekly rest, and annual paid leave (Article 10).
• Weekly rest period of at least 24 consecutive hours (Article 10).
• Regulation of stand-by hours (periods during which domestic workers are not
free to dispose of their time as they please and are required to remain at the
disposal of the household in order to respond to possible calls) (Article 10).
Remuneration
• Minimum wage if a minimum wage exists for other workers (Article 11).
50
• Payment of wages must be paid in cash, directly to the worker, and at regular
interval of no longer than one month. Payment by cheque or bank transfer – when
allowed by law or collective agreements, or with worker’s consent (Article 12)
• In-kind payment is allowed fewer than 3 conditions: only a limited proportion of

total remuneration; monetary value is fair and reasonable; the items or services
given as in-kind payment are of personal use by and benefit to the workers. This
means that uniforms or protective equipment’s are not to be regarded as payment
in kind, but as tools that the employer must provide to the workers at no cost to
them for the performance of their duties (Article 12)
. • Fees charged by private employment agencies are not to be deducted from the
remuneration (Article 15).
Occupational safety and health
• Right to safe and healthy working environment (Article 13).
• Measures are put in place to ensure workers’ occupational safety and health
(Article 13).
Social security
• Social security protection, including maternity benefits (Article 14).
• Conditions that are not less favorable than those applicable to workers generally
(Article 14).
Standards concerning child domestic workers
• Requirement to set a minimum age for entry into domestic work (Article 4).
• Domestic workers aged 15 years old but less than 18 years old – their work
should not deprive them of compulsory education, or interfere with their
opportunities for further education or vocational training (Article 4).
Standards concerning live-in workers
Decent living conditions that respect the workers’ privacy (Article 6).
• Freedom to reach agreement with their employers or potential employers on

whether or not to reside in the household (Article 9).
51
• No obligation to remain in the household or with its members during their

periods of rest or leave (Article 9).
• Right to keep their identity and travel documents in their possession (Article 9).
• Regulation of stand-by hours (Article 10).
Standards concerning migrant domestic workers
• A written contract that is enforceable in the country of employment, or a written

job offer, prior to traveling to the country of employment (Article 8).
• Clear conditions under which domestic workers are entitled to repatriation at

the end of their employment (Article 8).
• Protection of domestic workers from abusive practices by private employment

agencies (Article 15).
 Cooperation among sending and receiving countries to ensure the effective

application of the provisions of the Convention to migrant domestic
workers (Article 8).
Private employment agencies
Measures to be put in place (Article 15):
• regulate of the operation of private employment agencies;
• ensure adequate machinery for the investigation of complaints by domestic

workers;
• provide adequate protection of domestic workers and prevention of abuses, in

collaboration with other Members where appropriate;
• consider concluding bilateral, regional or multilateral agreements to prevent

abuses and fraudulent practices.
Dispute settlement, complaints, enforcement
• Effective access to the court, tribunals or other dispute settlement mechanisms,

including accessible complaint mechanisms (Article 17).
• Measures to be put in place to ensure compliance with national laws for the
protection of domestic workers, including labour inspection measures. In in
52
regard, the Convention recognizes the need to balance domestic workers’ right to
protection and the right to privacy of the households’ members (Article 17).
RIGHTS OF THE CHILD: INDIAN PERSPECTIVE
The discussion on the international attempts for the protection of the rights of the
child brings about the question of application of the principles in the municipal
sphere, especially when India is a party to the international resolve to protect the
rights of the child. An analysis on the legal protection of rights of the child in
India in the light of the international move requires a four-fold exposition of the
concept, viz:
I. the constitutional protection
ii. The national policy for children
iii. The legislative frame work
iv. The enforceability of international conventions through Indian courts
(i)Constitutional Protection
53
Prior to the international conventions and resolutions, the Independent India has
formulated in its Constitution, provisions for the welfare of the children. Before
the adoption of the Indian Constitution itself, the Constitution of India Bill
1895(Home Rule Bill), Commonwealth of India Bill 1925 and the ‘objective
resolution’ adopted by the Constituent Assembly on 22 January 1947 contained
provisions meant for the protection of weaker sections 1. Starting from the
preamble itself of the Constitution, the unequivocal intention of the State to assure
protection to children can be seen, in either explicit or implied terms. The
preamble declares the resolve that the state will secure to the entire citizenry,
which comprises of children also social, economic and political justice, liberty of
thought, expression, belief, faith and worship along with equality of status and
opportunity. The concept of ‘social justice’ enshrined in the preamble can be
interpreted as a compendium of diverse principles essential for the orderly growth
and overall development of personality, which is the foundation of the human
rights jurisprudence for children.
Fundamental Rights
The judicial interpretation of part III of the Constitution paved way to the
assurance of protection of rights of children.
 Article 14 guarantees equality before law and equal protection of law to all
persons within the territory of India. Thus nobody including the children
should be denied of equality of status, opportunity and protection.
 Article 15 prohibits discrimination on the grounds of religion, race, caste,
sex, class, and place of birth or any of them. Article 15(3) which provides
for protective discrimination in favour of children, says:
 “Nothing in this Article shall prevent state from making any special
provisions for women and children.”
 Thus in explicit terms, Article 15(3) empowers the State to make special
provisions for children as and when it is necessary for the well-being of
children.2
The right to life in Article 21 encompasses all sections of the society including
women and children. And this right to live with human dignity is available to a
child also. In Vikram Deo Singh Tomar v. State of Bihar, 3 the Supreme Court
has taken note of the pitiable conditions prevailing in care homes maintained by
the State of Bihar for women and children and has directed the State to improve
matters in these homes and provide at least the minimum living conditions
ensuring human dignity. The court emphasized that India is a welfare state and the
54
protection in the Constitution of India lays special emphasis on the protection of

the weaker sections of the society including women and children.
 Article 21A makes the State duty bound to provide free and compulsory
education to all children below the age of fourteen years, 4 incorporating the
dictum delivered by the apex judiciary in Unnikrishnan v. State of A.P.5
 Article 23 speaks of the prohibition of all forms of traffic in human beings
and beggar and other forms of forced labour.
 Article 24 specifically prohibits employment of children below the age of
14 years in any factory, mine or in any other hazardous employment. This
provision is incorporated in the Constitution for the safety of the life of
children. In Labourers Working on Salal Hydro Project v. State of J. &
K. the court held that construction work is hazardous employment and
children below 14 years cannot be employed in such type of work. Article
24 makes it obligatory for the state to protect the economic, social and
humanitarian rights of millions of children working in factories and such
other work places.7 but this article does not prohibit the employment of
children in harmless job. It is quite interesting to note that the National
Commission to Review the Working of the Constitution had suggested to
add8 a new fundamental right in Article 24 A as follows: “Every child
shall have the right to care and assistance in basic needs and protection
from all forms of neglect, harm and exploitation.”
In People’s Union for Democratic Rights v. Union of India, 9 it was contented

that ‘Employment of Children Act, 1938’ is not applicable in cases of
employment of children in the construction work of Asiad Projects in Delhi. The
apex judiciary, rejecting the contention, held that the construction work is
hazardous employment and therefore no child below the age of 14 years can be
employed in construction work.
Directive Principles of State Policy
This part of the Constitution, viz., part IV, also clearly provides for policies
directed towards the welfare of the children, as this part has been designed to
“strive to promote the welfare of the people by securing and protecting as
effectively…10.
 Article 39(a), (e) and (f) specifically provide certain policies to be
followed by the State for the welfare of the children. Article 39(f) provides
that children are given opportunities and facilities to develop in a healthy
manner and in condition of freedom and dignity and that childhood and
55
youth are protected against exploitation and against moral and material
abandonment.
 Article 41 asserts the responsibility of the State to make effective
provisions for securing the right to… education and to public assistance in
cases of. …sickness and disablement and in other cases of undeserved
want, within the limits of its economic capacity and development.11
 Article 45 in explicit terms directs the State to endeavor to provide free and
compulsory education for all children until they complete the age of 14
years, within a period of 10 years from the commencement of the
constitution. This direction reflects the interest of the framers of the
constitution as regards the education of the children as education is the
foundation for a healthy and proper development of a child. 12 The State
responsibility to provide for just and humane conditions of work and
maternity relief, also ultimately aims at the well-being of children.
 Article 46 stands for the promotion of the educational and economic
interests of the weaker sections of the people, and in particular, of the
Scheduled Castes and the Scheduled Tribes and for their protection from
social injustice and all forms of exploitation.
 Article 47 castes upon the State the duty to raise the level of nutrition and
the standard of living and to improve public health.
The object of Directive Principles of State Policy explicit in all these provisions is
‘to embody the concept of welfare state’.13
Though Article 37 emphatically says in its first part that the rights contained in
Part IV are not enforceable in any court nor their alleged breach by any law can
be held to invalidate the law, the judicial wisdom has given more weight to the
second portion of article 37, viz., “..The principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the duty
of the State to apply these principles in making laws.”14
In yet another case, M.C.Mehta v. State of Tamilnadu 17the petition filed in the
interest of child labourers sought the attention of the apex court towards gross
violations of the fundamental rights of children employed in the Sivakasi area of
Tamil Nadu and the judiciary has analyzed the provisions contained in Articles
39(f) and 45 of the Constitution. The court thus, by extending the scope of
fundamental rights, brought the directives also amenable to writ jurisdiction.
Although the petition concerns only the child labour prevailing in the State of
Tamilnadu, particularly in the Sivakasi area, the Hon’ble Court, taking into
56
account, several factors, reports of the Government and reports of National

Sample Survey Organization, Planning Commission and other international
bodies like UNICEF, was convinced that the problem of child labour has become
an all India evil and is on the rise.
The court held:
“…Child labour by now is an all-India evil though its acuteness differs from area
to area. So without a concerted effort, both of the Central Government and
various State Governments, this ignobility would not get wiped out. …So we
would address ourselves as to how we can, and are required to, tackle the problem
of child labour, solution of which is necessary to build a better India…. Poverty is
the basic reason which compels parents of a child, despite their unwillingness, to
get it employed…Feeling that the problem would be taken care of to some extent
by insisting on compulsory education, the court is of the view that if employment
of a child below that age of 14 is a constitutional indication in so far as work in
any factory or mine or engagement in other hazardous work and if it has to be
seen that all children are given education till the age of 14 years in view of this
being a fundamental right now, and if the wish embodied in Article 39(e) that the
tender age of children is not abused and citizens are not forced by economic
necessity to enter a vocation unsuited to their age, and if children are to be given
opportunities and facilities to develop in a healthy manner and childhood is to be
protected against exploitation as visualized by Article 39(f), it seems to us that the
least we ought to do is see to the fulfillment of legislative intendment behind the
enactment of Child Labour(Prohibition and Regulation) Act, 1986.”
57
CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
*SUGGESTED READING – BOOK OF PROF. MEENU PAUL
Introduction
Children need to grow in an environment that enables them to lead a life of

freedom and dignity. Opportunities for education and training are to be provided
for them to enable them to grow into responsible and responsive citizens.
Unfortunately a large proportion of children are deprived of their basic rights.
They are found working in various sectors of the economy particularly in the
unorganized sector. Some of them are confined and beaten, reduced to slavery or
denied the guaranteed fundamental right of access to free and compulsory
education thus making child labour a human rights issue and a developmental
issue.1
The problem of child labour is a universal phenomenon. It existed in one form or

another since historic times. The problem is significantly more acute in the
developing than in the developed nations where stringent laws governing the
employment of children exist and are implemented effectively. 2 Child labour is a
harsh reality in India. Despite the provisions of restrictive labour laws the practice
continues unabated because employment of child labour is advantageous to
employers and an economic compulsion to parents of child workers. 3 Child
labourers are exploited, exposed to hazardous work conditions and paid a pittance
for their long hours of work. Forced to forego education, shouldering
responsibilities far beyond their years, becoming worldly-wise when their peers
have yet to leave the cocoons of parental protection, these children never know
what childhood is.4
The Child Labour (Prohibition and Regulation) Act, 1986 is in place to fight
against the problem of child labour in our country. As the law was found to be
lacking, the Government decided to amend the Act. The amendments were first
introduced in 2012, thereupon in 2015 and finally it is in on the 29th July 2016
that the Child Labour (Prohibition and Regulation) Amendment Bill, 2016 has
received the assent of the President.
58
Definition of Child Labour
Child labour is conventionally defined to include all ‘economically active’

children in the age group 5-14 years. A person is treated as economically active or
gainfully employed if she/he does work on a regular basis and receives
remuneration for it. The ILO defines ‘child labour’ as “work that deprives
children of their childhood and their dignity, which hampers their access to
education and the acquisition of skills, and which is performed under deplorable
conditions harmful to their health and their development.”
Child work, on the other hand, includes all paid and unpaid work for the
household or for the market, whether it is full-time or part-time. Participation in
household activities on a regular basis and for several hours in a day to relieve
adults for wage employment is also included in this definition. The ILO, however,
argues that it is not concerned with children helping in family farms or doing
household chores.5
Causes of Child Labour
Child labour is a socio-economic problem. Parents for the reason of poverty have
to send their children in order to supplement their income derived from child
labour, however meager, are essential to sustain the family. The major reason that
creates the circumstances for a child to work as a child labour includes the
following.
 Socio-economic backwardness
 Poverty
 Illiteracy
 Unemployment
 Over-population
 Lack of education facilities
 Ignorance of parents about the importance of education.
 Ignorance of impact on children of labour. Government apathy
 Customs and traditional attitude

59
 The provisions of the protective labour legislations are lopsided
 The enforcing machinery, which are provided by the state governments, are
inadequate almost everywhere and fail to check up on child labour.
 The children are mostly silent listeners or non-listeners of the policies and
programmes meant for them and hence, their problems are not properly realized
and the safeguards extended for the prevention of child labour are not
implemented effectively.
 Economic Globalization is equally responsible for the growth of child

labour.6]
Salient Features of The Child Labour (Prohibition and Regulation) Act, 1986
The Child Labour (Prohibition and Regulation) Act, 1986 was the culmination of
effort and ideas that emerged from the deliberations and recommendations of
various committees on child labour. Significant among them are the National
Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour
(1979), Sanat Mehta Committee (1984) and others.
Aims and Objects, Extent and Commencement
The legislature strongly desired prohibition of child labour and the Child Labour
(Prohibition and Regulation) Act, 1986 is in itself, ex facie, a bold step towards
that goal. As its preamble indicates that it has twin objective: it intended to
prohibit the engagement of children in certain employments and to regulate the
conditions of work of children in certain other employments where children are
allowed to work.7
There are a number of Acts that prohibit the employment of children below 14
years and 15 years in certain specified employments, for example, Section 67 of
the Factories Act, 1948, Section 45 of the Mines Act, 1952, etc. However, there
existed no procedure in any of the law for deciding in which employments or
processes the employment of children should be banned. Also there was no law to
regulate the working conditions of children in the employments where they were
not prohibited to work and consequently were exploited. Thus, the Act was passed
with the following aims and objects:
 Ban the employment of children, that is, those who have not completed
their fourteenth year of age, in specified occupations and processes
60
 Lay down a procedure to decide modifications to the Schedule of banned

occupations and processes
 Regulate the conditions of work of children in employments where they are

not prohibited from working
 Lay down enhanced penalties for employment of children in violation of

the provisions of the Act, and other Acts which forbid the employment of children
 To obtain uniformity in the definition of ‘child’ in all the related laws08
 To empower the Central Government to constitute Child Labour Technical

Advisory Committee to advise the Central Government for the purpose of
addition of occupation and processes to the Schedule appended to the Act.9
The Act makes it clear that the rights of the child are inalienable and
indivisible.10Further any person who engages into the child labour practice shall
be criminally liable under the Act of 1986 as well as his civil liability to pay
compensation arises out of violation of the fundamental rights.11
The Act received the President’s assent on December 23, 1986. Section 1 (2) of
the Act provides that it extends to the whole of India. It has been provided under
Section 1(3) that the provisions of this Act, other than Part III, shall come into
force at once and Part III shall come into force on such dates as the Central
Government may, by notification in the Official Gazette appoint, and different
dates may be appointed for different states and different class of establishments.
Definition Clause (Section 2)
The Act also provides the definitions of the various concepts in Section 2. They
are:
 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
 Child means a person who has not completed his fourteenth year of age
 Day means a period of twenty-four hours beginning at midnight
61
 Establishment includes a shop, commercial establishment, workshop, farm,

residential hotel, restaurant, eating house, theatre, or other place of public
amusement or entertainment
 Family in relation to an occupier, the individual, wife or husband, as the

case may be, of such individual, and their children, brother or sister of such
individual
 Occupier in relation to an establishment or a workshop, means the person

who has the ultimate control over the affairs of the establishment or the workshop
 Port authority means any authority administering a port
 Prescribed means prescribed under the rules made under Section 18
 Week means a period of seven days beginning at midnight on Saturday

night or such other night as may be approved in writing for a particular area by
the Inspector
 Workshop means any premises (including the precincts thereof) wherein

any industrial process is carried on, but does not include any premises to which
the provisions of Section 67 of the Factories Act, 1948, for the time being apply
Prohibition of children in certain occupations and processes (Section 3)
Section 3 of the Act provides for certain employments in which there is a

prohibition on employment of children. It states that, “No child shall be employed
or permitted to work in any of the occupations set forth in Part A of the Schedule
or in any workshop wherein any of the processes set forth in Part B of the
Schedule is carried on.”
 Occupation set forth in Part A (18 entries) (transport, construction,

Railways, Ports, Crackers and firework industries, slaughter houses, automobile
workshops & garages explosives, handloom, mines, plastic units. Diving was
added in 2008 Amendment and circus and caring for elephants in the 2010
Amendment.
 Processes set forth in part B (65 entries) Bidi making, Carpet weaving,
mica cutting, lead factory, oil expelling, Brick kilns, manufacturing of glass, zari,
62
electroplating etc. In 2008 Amendment a further eight processes were added to

the list, example, processes involving exposure to excessive heat (like
workingnear furnaces) and cold, food processing and beverage industry, etc.
 Exemption clause: The Second Para of Sec. 3 provides exemption of
occupation & workshop engaging the child if on two grounds namely:-
 To workshop where in any of the processes set forth in Part B is carried out
by the occupier with the aid of his family.
 To any school established by or receiving assistance or recognition from
the government
In the landmark case of M. C. Mehta v. State of Tamil Nadu,12 the Supreme

Court observed that despite the constitutional mandates, the stark reality in our
country children are an exploited lot, especially as labour. Sivakasi was one of the
worst offenders in terms of employing children in contradiction to the Child
Labour (Prohibition and Regulation) Act. Mr. M. C. Mehta invoked the power of
the Supreme Court under Art. 32, against the violation of the fundamental rights
of children as provided under Art. 24 of the Constitution. It was noted that as on
31st December 1985, there were 221 registered match factories employing 27,338
workmen of whom 2941 were children. The Court also noted that the manufacture
of matches and fireworks is a hazardous industry, giving rise to fatal accidents.
So, keeping in view, the provisions of Art. 39 (f) and 45 of the Constitution, it
gave certain directions as to how the quality of life of children employed in the
factories could be improved. The court also constituted a committee to oversee
the directions given.
The Apex Court examined the magnitude of the problem, considered

constitutional mandates, international commitments and statutory provisions. The
Court also considered the working of the provisions of the Child Labour
(Prohibition and Regulation) Act, 1986. It held that there are a number of
loopholes in the Act, one of them is that children can continue to work if they are
a part of a family of labourers. Also, the Act does not use the word ‘hazardous’
anywhere, the implication of which is that children may continue to work in those
processes not involving chemicals. It is impractical and unrealistic to draw a
distinction between hazardous and non-hazardous processes in a particular
industry. 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.13
63
The Supreme Court has taken certain pragmatic steps towards effective
implementation of the policy. They are:
1. Survey for identification of working children.

2. Withdrawal of children working in hazardous industries and ensuring their
education in appropriate institutions.
3. The offending employer must be asked to pay compensation of Rs. 20,000/-
for every child employed in contravention of the provisions of the Act. The
liability of the employer would not cease even if he would disengage the child
employed.
4. The sum so collected should be deposited in a fund to be known as Child
Labour Rehabilitation-cum-Welfare Fund. The Fund shall form a corpus whose
income shall be used only for the education, health, safety and welfare of the
concerned child. To generate greater income, the fund can be deposited in a high
yielding scheme of any nationalized bank or other public body.
5. As the aforesaid income would not be enough to dissuade the parent/guardian
to seek employment of the child, the State owes a duty to discharge its obligation.
It should provide a job to an adult member of the family, whose child was
employed in a hazardous industry.
6. In cases where it would not be possible to provide a job, the Government
would, as its contribution grant, deposit in the Child Labour Rehabilitation-cum-
Welfare Fund a sum of Rs. 5000/- for each child employed in a factory or mine or
in any other hazardous employment.
7.In either of the cases whether a job is provided to an adult member of the child’s
family in lieu of the child or not, the child shall not be required to work.
8.In cases where alternative employment could not be made available as
aforesaid, the parent/guardian of the concerned child would be paid the income,
which would be earned on the corpus of Rs. 25,000/- for each child, every month.
The employment given or payment made would cease to be operative if the child
would not be sent by the parent/guardian for education.
9. The National Child Labour Policy announced by the Government of India has
already identified some industries for priority action.
10. 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.
64
11. With regard to non-hazardous jobs, the Inspectors shall have to see that
the working hours of the children are not more than four to six hours a day and
that they receive education at least for two hours each day. It would also be seen
that the entire cost of education is borne by the employer.14
Appointment of the Child Labour Technical Advisory Committee (Section 5)
 The Central Government may by notification in the Official Gazette,
constitute an advisory committee called the Child Labour Technical Advisory
Committee to advise the Central Government for the purpose of addition of
occupations and processes to the Schedule.
 The Committee shall consist of a Chairman and such other members not
exceeding 10, as may be appointed by the Central Government
 The Committee shall meet as often as it may consider necessary and shall
have power to regulate its own procedure
 This committee also has the power to constitute a sub-committee.15
In addition, a Central Advisory Board on Child Labour has also been
constituted to review the implementation of the existing legislations and suggest
measures for welfare of working children. Current Composition of the Board may
be seen by clicking here.
Also, in order to monitor the functioning of the National Child Labour Projects
(NCLPs), a Central Monitoring Committee has been formed. The Committee
sees the overall supervision, monitoring and evaluation of the National Child
Labour Projects. It is set up under the Chairmanship of Secretary, Ministry of
Labour & Employment with representative of State Governments and concerned
Ministries/Departments.16
Application of Part III of the Act (Section 6)

Sections 6-13 consist of provisions regarding the regulation of conditions of work
of children. Section 6 provides that a child can be employed in any of the
establishment other than those specified in Part A & B of the schedule. But it
further defines the application within the ambit of some regulations provided
under further sections.
65
Regulation of conditions of work (Sections 7, 8, 13)

To regulate the conditions of work there are three grounds of consideration
namely.
 Hours and Period of Work (Section 7)

Section 7 provides for six grounds for regulating the hours and period of work of
the children employed:
 No child is permitted to work in any establishment in excess of such

number of hours as may be prescribed for such establishment or class of
establishments
 The period of work on each day shall be so fixed that in one stretch no
period shall exceed three hours and that no child shall work for more than three
hours before he has had an interval for rest for atleast one hour.
 The period of work of a child shall be so arranged that inclusive of his
interval of rest, it shall not be spread over for more than six hours, including the
time spent in waiting for work
 No child shall be made to work between 7 p.m. and 8 a.m.
 No child shall be permitted to work overtime
 No child is to work on any day on which he has already been working in
another establishment, that is, dual engagement in two establishments is not
allowed17
 Weekly Holidays (Section 8)
Section 8 makes it mandatory to allow one whole day in a week as holiday to a
child. Such declared holiday shall be specified in a notice permanently exhibited
on a conspicuous place in the establishment. No occupier is allowed to alter this
holiday more than once in three months.
 Health and Safety (Section 13)

Section 13 empowers the appropriate Government to make rules for the health
and safety of the children employed through notification. These matters shall
relate to theheads provided under clause (2) of Section 13 under 24 different
66
heads, such as, cleanliness in the place of work and its freedom from nuisance,
disposal of wastes and effluents, ventilation and temperature, lighting, drinking
water, latrines and urinals, spittoons, fencing of machinery, employment of
children on dangerous machines, excessive weights, protection of eyes, explosive
or inflammable gases, etc.
Duties of Occupier (Sections 9, 10, 11, 12)

Part III of the Act imposes certain duties upon the occupier of the establishment.
These are:
 Notice to Inspector (Section 9)

 Every occupier shall send a written notice to the inspector with respect to
the employment of children in his establishment. This notice shall contain the
following particulars: The name and situation of the establishment
 The name of the person in actual management of the establishment
 The address to which communications relating to the establishment should
be sent
 The nature of the occupation or process carried on in the establishment
Inspector is the person appointed under Section 17 of the Act by appropriate
government. It shall be the duty of the Inspector to verify that the occupier has
complied with all the provisions of the Act. The Inspector is a public servant
under Section 21 of IPC.
 Verification of Age of Child (Section 10)

In case of any dispute with respect to the age of the child, the dispute shall be
referred to Medical Practitioner by the Inspector (in the absence of certificate of
age).
 Maintenance of register (Section 11)

The occupier shall maintain the register in respect of children employed. The
register shall be open for inspection at all times during working hours. The
register must show;
67
 The name of date of birth of every child employed.

 Working hours and period of work and intervals of rest.
 Nature of work of any such child.
 Other particular as may be prescribed.
Display of notice (Section 12)
Every railway administration port authority and every occupier shall display a
notice containing abstract of Section 3 and Section 14 (penalties) at some
conspicuous and accessible place. The notice shall be displayed in both English
and local language.
Penalties under the Act (Section 14 and 15)

The Act provides for penalties in Section 14 and 15. Section 14 gives the
penalties for contravention with the provisions of this Act whereas, Section 15
gives the penalties for the contraventions given in other Acts.
 If any person contravenes the provisions of Section 3, he shall be punished

with imprisonment for a term not less than three months and may extend to one
year or with fine not less than ten thousand rupees but may extend to twenty
thousand rupees or with both.18
 In cases of subsequent contravention of Section 3, the offender shall be
punished with a term which shall not be less than six months, but may extend to
two years.
 Whoever, fails to comply with or contravenes with Section 9, 11, 12 or any
other provision of the Act, shall be punishable with Simple Imprisonment
which may extend to one month or with fine which may extend to ten
thousand rupees or with both.19
 Whoever, is found guilty and convicted of contravention of would be
punished as per the provisions of Section 14 (1) and 14 (2).20
In Ram Chander v. State of U.P.,23the petitioner was prosecuted under the Child
Labour (Prohibition and Regulation) Act, 1986 for having employed a person
below the age of 12 years in his carpet loom. The Trial Court had put the burden
of proving the age of the child on the accused. The High Court allowed the
68
revision and held that the trial court had erred in its judgment because to justify a
conviction under Section 14(1), the burden of proving the age of the child is upon
the prosecution, and not the accused.
In Raj Homes Pvt. Ltd. v. State of M.P., the petitioner was involved in selling of
houses and the labourers were employed by the contractors. The Assistant Labour
Commissioner, Bhopal issued a show cause notice to the petitioner for violation
of Section 3 of the Child Labour (Prohibition and Regulation) Act. The petitioner
challenged the order of the said authority to pay Rs. 20,000 per labour and also to
release the child labourer in his employment. In case the petitioner does not
deposit the amount it shall be considered as disobedience of the order of the
Supreme Court and the amount shall be recovered as arrears of land revenue. The
petitioner contended that proper inquiry had not been conducted before passing
the order and he was not given an opportunity of being heard. The High Court
however, dismissed the order on account that an opportunity of being heard had
been given.25
The Karnataka High Court held that it is no doubt true that Section 14 provides
for a penalty of Rs. 20,000/- by way of fine. A procedure is also prescribed in
terms of Section 16. But what cannot be forgotten by this Court is the law
declared by the Supreme Court in the case of M.C. Mehta v. State of Tamil Nadu
27
wherein it was ruled in Para 27 that the offending employer must pay
compensation of Rs. 20,000 for every child employed in contravention of the
provisions of the Act and the Inspectors, whose appointment is visualized by
Section 17 have to secure compliance with this provision. The said sum could be
deposited in a fund to be known as Child Labour Rehabilitation-cum-Welfare
Fund.
It was held that an order for paying compensation is in terms of the direction of
the Supreme Court and that cannot be confused with levy of fine by way of
penalty under Section 14 of the Act. Penal fine is different from compensation.
In State of Gujarat v. Bhupendra Kumar Jagjivandas Patel,28 it was held that

section 15(2)(a) deals with a situation wherein there is contravention of Section
67 of the Factories Act, 1948, once the offence under the said section stands
established, the penalty has to follow as a natural corollary as provided under
Section 14 (1) of the Child Labour (Prohibition and Regulation) Act.
69
Procedure relating to Offences (Section 16)

 Any person, police officer or inspector may file a complaint of the
commission of the offence under this Act in any court of competent jurisdiction
 Every certificate as to the age of the child which has been granted by a
prescribed medical authority shall, for the purposes of this Act, be conclusive
evidence as to the age of the child
 Offences under this Act can be tried by a Metropolitan Magistrate or
a Magistrate of the first class, and not below this rank.
The word ‘complaint’ as used in this section has a wide meaning since it includes
even an oral allegation. No particular form of complaint is prescribed. But a
complaint must be an allegation prima facie disclosing the necessary facts that are
necessary to constitute the offence alleged. It is on the basis of these facts that a
Magistrate takes action.29
Certain other provisions of law are not barred (Section 20)

Rules made under this Act shall be in addition to and not in derogation of the
provision of Factories Act, 1948, Mines Act, 1952 and Plantation Act, 1951.
Power to make Rules (Section 18 and 19)

The Appropriate Government has power to make rules through notification with
respect to:
 Appointment, allowances, conditions, restrictions upon child labour

technical Advisory Committee & Sub Committees.
 Fixation of working hours of the child.
 Medical authority which shall grant the certificate of age of child seeking
employment.
 Particulars of Register to be maintained.30
Every rule made under this Act by the Central Government and every notification
issued under Section 4, shall be laid, as soon as may be after it is made or issued,
before each House of Parliament for its approval. However, such approval shall
be without prejudice to the validity of anything previously done under the rule or
notification.
70
Every rule made by a State Government under this Act shall be laid as soon as
may be after it is made, before the legislature of the State.31
71

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY

Adopted: 28 June 1930

2. Nevertheless, for the purposes of this Convention, the term “forced or

2. Nevertheless, that authority may delegate powers to the highest local

payment of taxes or for special food, clothing or accommodation supplied to a

Before permitting recourse to forced or compulsory labour for works of

The illegal exaction of forced or compulsory labour shall be punishable as a

Abolition of Forced Labour Convention (No. 105)

following Convention, which may be cited as the Abolition of Forced Labour

CONSTITUTIONAL PROVISIONS FOR ELIMINATION OF ALL

The Right against exploitation enshrined in Article 23 and 24 of the Indian

Prohibition of Traffic in Human Beings and Forced Labour

Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328.

Deena v. Union of India, AIR 1983 SC 1155.

Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.

Compulsory service for public purposes

Dulal Samanta v. D.M., Howrah, AIR 1958 Cal. 365

Prohibition of employment of children in factories,

Hence it prohibits the employment of children under the age of 14 years in

M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699

CONTRACT LABOUR ACT, 1970

CONTRACT LABOUR- CONCEPT, SCOPE AND DIMENSIONS

The term ‘contract labour’ is used to denote different kinds of employment

The labour may be engaged by an employer either by direct recruitment or

1. Labour Contracts or Labour-Only-Contracting- In this type of

2. Service Contracts or Job Contracting- When the intermediary undertakes to

Thus, the term ‘contract labour’ is used to denote both labour-only-contracting as

Thus, it can be concluded that presence of an intermediary between the user

REASONS FOR ENGAGEMENT OF CONTRACT LABOUR

The pro-reformists and employers’ associations demand rationalization of labour

3. It helps to keep the wage bills low.

4. It enables the employers to avoid their accountabilities under the different

8. Migration of people to developing regions is also one of the causes of increase

9. The efficiency of contract labourers is claimed to be higher than regular

PROBLEMS OF CONTRACT LABOURERS

1. Inadequate Remuneration: Various studies have revealed that contract

2. Discrimination at Workplace: The workers having permanent status receive

3. Inadequate Social Security Provisions: Social security systems provide for

4. Poor Working Conditions: The definition of "worker" under section 2 (1) of

5. Lack of Judicial Access: Under the Contract Labour (Regulation and

LEGAL PROTECTION TO CONTRACT LABOUR IN INDIA

The Contract Labour (Regulation and Abolition) Act, 1970

Objects of the Act

1. Affording security to the labourers in consonance with the objectives of a

2. Affording equal treatment and security to all labourers, be it employees of an

3. Curbing of exploitation of contract labourers.

Salient Features of the Act

Following are some important features of the Act-

2. The Act is applicable to every establishment in which twenty or more workmen

4. The principal employer is required to be registered and the contractor is

6. Wages are required to be disbursed by the contractor in the presence of the

7. The penal provision for the employment of contract labour in contravention of

1. Whether the work is incidental or necessary for the work of an establishment?

2. Whether the work is sufficient to employ a considerable number of whole time

In the case of Standard Vacuum Refining Company v. Its Workmen AIR

EFFECTIVE ABOLITION OF CHILD LABOUR

Minimum Age Convention (No. 138)

Adopted: 26 June 1973

The General Conference of the International Labour Organization, Having been

Each Member for which this Convention is in force undertakes to pursue a

1. Each Member which ratifies this Convention shall specify, in a declaration

3. The minimum age specified in pursuance of paragraph 1 of this Article shall