I.

Rehabilitation

● The compensation that is given to the child by the employer in light of the order given in
M.C Mehta vs. State of Tamil Nadu and Ors. WP (C) No. 465 of 1986 1, should be increased
from Rs.20,000 to Rs. 2 lakhs keeping in mind the increase in cost of living in more than
three decades. Hon’ble High Court of Delhi in Save the Childhood vs. Union of India WP
(C) 2069 of 2005 said that the increase can be justified as a civil fine and land arrears.
Employers must be held liable and punished severely for employing children in hazardous
environments, without any bias or leniency. This will bring an apprehension among the
employer community which will destroy recruitment of child labourers, in turn declining the
graph of this social evil. Compensation must be extracted from these employers and given to
the victims of child labour.
● The Union and State government generally aim to sponsor the economic and physical
rehabilitation of the released workers. The central government adds to the budget of the state
sponsored schemes and measures. The compensation mandated by the Central Sector Scheme
for Rehabilitation of Bonded Labour, 2016; must be released after the issuance of the release
certificate by the District Magistrate and not only after the conviction. The State Government
must provide rehabilitation for victims of bonded labour as per the Supreme Court of India.2
There must be a sufficient amount of funds allocated for the purpose rehabilitation budget. In
2016, the Government of India initiated the Central Sector Scheme (CSS) replacing the
Central Sponsored Scheme (CSS) for the rehabilitation of bonded labourers. This scheme
aims to contribute into the fund of the rehabilitation of the released workers. The government
body RDO is established to allocate the fund from the Bonded Labour Rehabilitation Fund.
These distributions must be well monitored and meticulously audited.
● A Standard Operating Procedure for release and tracking of compensation to survivors of
child labour and time-bound (90 days) rehabilitation of the child. The implementation of the
Time-Bound Program Concept has to be introduced for effective rehabilitation. This has been
a successful method in nations like Nepal. Time-bound Programs (TBP) mean to eracdicate
1M.C Mehta vs. State of Tamil Nadu and Ors.1997 AIRSC 699 (India)

2NeerajaChaudhary v. State of Madhya Pradesh 1984 3 SCC 243 (India)

 the worse from of child labour within a decided timeframe, and to show the positive effect
this can have on a nation's social and financial turn of events and, surely, on the dynamic
eradication of all types of child labour.
The TBP idea consolidates sectoral, topical and region based methodologies, connecting
brutalities against child labourers into national advancement schemes and procedures,
especially those tending to decrease poverty, education and employment advancement.
Withdrawal of children from the most exceedingly terrible types of child labour is a joined
arrangement of proper recovery and rehabilitation for the kids, and salary and business
options for their families, just as measures to keep other children from being drawn into this
malice to replace them. State ownership is critical to the TBP idea. Official commitment at
the most elevated level gets the program to evolve, makes the structures through which it will
be executed and allocates resources assets concerned to it.3
By implementing such timely initiatives, the government will be successful in achieving
effective rehabilitation of these children. The SC has rightly held in VikramDeo Singh Tomar
Vs State of Bihar that the government is mandated under the constitutional provision to
provide for the basic necessities and conditions ensuring the dignity of the child. The Court
has the role of a guardian while directing the Govt. to make the workmen to send their wards
to close school and arrange for the fee, provide free of charge books, mid-day meal schemes
and transportation. Rehabilitation is very crucial for such children.4

3Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, A
future without Child Labour, International Labour Organization(2002)
https://www.ilo.org/ipecinfo/product/download.do?type=document&id=2427
4VikramDeo Singh Tomar v State of Bihar 1988 AIR SC 1782 (India)