Professional Documents
Culture Documents
SUBMITTED BY SUBMITTED TO
SESSION – 2021-22
As a result of a public interest litigation filed in the Apex Court, the State of
Uttar Pradesh was directed by the Supreme Court to abolish the use of child
labor in the carpet industry and to make certain policies or directives for benefit
of children so that they can have access to education and get certain health
facilities.
Brief facts–
(1) that there were a large number of workers from various parts of the nation
who were working in some of the stone quarries arrange in area Faridabad, the
State of Haryana under “brutal and insufferable conditions;
(3) that the arrangements of the Constitution and different social welfare laws
went to help the said laborers were definitely not being actualized with respect
to these laborers.
The candidate also referenced in the letter the names of the stone quarries and
points of interest of workers who were functioning as fortified workers and
implored that a writ is given for legitimate usage of the different provisions of
the social welfare enactment, for example, Mines Act, 1952 Inter-State Migrant
Workmen (Regulation of Employment and Conditions of Service) Act, 1979,
Contract Labor (Regulation and Abolition) Act, 1970, Bonded Labor System
(Abolition) Act, 1976, Minimum Wages Act, Workmen’s Compensation Act,
Payment of Wages Act, Employees State Protection Act, Maternity Benefits
Act and so forth material to these laborers working in the said stone quarries to
finish the wretchedness, suffering and defenselessness of these casualties of the
cruelest abuse. The Court treated the letter as a writ petition and designated a
commission to ask into the charges made by the petitioner.
Issues Involved–
Arguments Advanced:
Petitioner’s contention –
The entire environment in the supposed stone quarries was loaded with
residue and it was difficult for anyone to inhale;
A portion of the laborers was not permitted to leave the stone quarries
and was giving constrained work;
There was no facility of giving unadulterated water to drink and the
workers were constrained to drink messy water from a nullah;
The workers were not having a legitimate safe house in any case, they
were living in jhuggies with stones heaped one upon the different as
dividers and straw covering the top which was excessively low to
stand and which didn’t manage the cost of any assurance against the
sun
Also, downpour; a portion of the workers were suffering from constant
illnesses; (vi) no pay was being paid to workers who were harmed
because of mishaps emerging in the course of work;
There were no offices for medicinal treatment or tutoring.
Respondent’s contention –
The respondents contended:
Judgment–
In its judgment, the Court talked about the significance of securing children’s
privileges or rights to education, security, health and improvement of India as a
democratic country. While perceiving that child’s work couldn’t be nullified
quickly because of monetary need, the Court found that down to earth steps
could be taken to secure and advance the rights of youth in the destitution
stricken and powerless populaces of Indian culture. On the side of its decision,
the Court alluded to different basic rights and order standards of the Indian
Constitution including, Article 21 (the right to life and individual
freedom), Article 24 (denies work of children younger than 14 in plants, mines,
or different dangerous ventures), Article 39 (e) (disallows constraining residents
into employments unsuited for their age or quality), Article 39(f) (depicts the
State’s obligations to shield youngsters from abuse and to guarantee kids the
chances and offices to create in a sound way), and Article 45 (commands the
State to give free obligatory training to all children beneath 14 years). The Court
additionally noticed India’s commitments under the Universal Declaration of
Human Rights (UDHR) and the Convention on the Rights of the Child to give
free essential education to all kids in the nation, and to secure children against
financial abuse. The measures requested to nullify child labor work set out in a
prior case, M.C. Mehta v. Province of Tamil Nadu and Ors.[ii] was referenced
by the Court and fused in requests to the States of Uttar Pradesh and Bihar. The
requests included guiding the States to find a way to outline arrangements to
logically dispose of the labor of children beneath the age of 14; give obligatory
instruction to all youngsters utilized in processing plants, mining, and different
enterprises; guarantee that the children get supplement rich nourishments; and
regulate occasional health registration.
Obiter dicta–
Not necessarily the aggrieved party always files a petition but also any person
with a bonafide intention file a case in order to protect the rights of others and
when it comes to the public interest or for the welfare of the common people a
mere letter can also be treated as a writ petition.
Conclusion–
This case alongside other PIL cases on the issue of child labor and scope of
child labor destruction battles, has been fruitful in bringing issues to light about
the issue of child labor and putting the issue conspicuously on the
administration’s plan. Policymaking and law are moving toward formal
annulment of child labor and various activities, particularly in the region of
education, are being attempted towards annihilating gruesome child labor. One
impact has been that the involvement of child laborers in the carpet industry has
been diminished. Be that as it may, a huge number of children despite
everything keep on being abused in India and there is a dire requirement for
more grounded and increasingly compelling insurances for child rights.