- ~ ~ ~ "

f"TDV1'/l.u) >v
lStrl ~
.Jhy
t
Qv •
e,µ'
~ 96
~hb .M.D
to~ud..J ~
~ - £.<n,v.>t. ,nro \M() ,' ok<) 1;.Q~ Pir-o t~
~ ~w~~~-~
- ~~ No, 18.2.. ~ 1-8)
FOR CED AND COMPULSORY LABOUR
1The Force d Lab C . rn
.
mg Forced
the full title of which is the Conve t
n. ion Conce
l.'. our onven t1on,
.
or Compulso1y L bour, I 9J0 .. .
a (No.29), 1s one of eight I LO fundamental convent,ons[2] of the
lntem ation al Labour o rgan1z · Its obJect
· at1on. • and purpose ·,s to suppress the use off'.1orced
the sector of activity in which
labou r in all its forn~-s irrespective of the nature of the work or
work or service which is
it may be performed . The Convention defines forced labour as "all
for which the said person has
exact ed from any person under the menace of any penalty and
ulsory military se~ic e.[ 3]}
not offere d himse lf voluntarily", with few exceptions like comp
imposition of forced ·
The conve ntion excludes "adult able-bodied males", to whom legal
labou r is allowed .[4]

into force on 1 M? 1932.

( The Convention was adopted in Geneva 28 June 1930 and came
. Bulgaria. Spam .
Bv the end of 1932 ten countries had rntifi~d the con\'ention (.lapan
a. and lrelan dy Austr ia in
N-orn ay . Denm ark. Austrnlin, [Link] n, United Kingdom . Liberi
I 960, Luxem bourg in 1964 and Malta in 1965 \\•ere the lasl
Westt:m European count ries to

ratify the convention. Cmrnda ratified it in 20 I I and as or 2015 the United States has nnt
ratified it.[5]

f he Convention was supplemented by the Abolition of Forced Labou

r Conv ention , 195 7
Convention, such as
which canceled a number of exceptions to abolishment in the 1930
political viewv
punishment for strikes and as a punishment for holding certain

Exceptions to Convention

labour the following:

Article 2 ofthe Convention excepts from the term forced or compulsory

·
(a) any work or service exacted in virtue of compulsory military service 1aws for work of a
..
purely military character,
. . bl. .
(b) any work or service which forms part of the normal c1v1c o t oat1ons of th ..
~ e c1t12ens of a
fully self-governing country;
 (c) any work or service exacted from any person as a consequence of a conviction in a
nd
court of law, provided that the said work or service is carried out under the supervision a
control of a ~ublic 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,
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 well-l?eing of the whole or part of the
population;
(e) minor communal services of a kind which, bei11g 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.

A11icle l I of the Convention states that forced or compulsory labour may be imposed only
upon "adult able-bodied males who are of an apparent age of not less thari 18 and not more
than 45 years".
~ : 0bolition of Forced Labour Convention , 1957, the full title of which is Convention
' concerning the Abolition of Forced Labour, 1957 (No. I 05), is one of the eight ILO
fundamental conventions of the Jnternational Labour Organization, which cancels certain
forms of forced labour still allowed under the Forced Labour Convention of 1930, such as
punishment for strikes and as a punishment for holding certain political views.
In order to jmplement the 1930 Forced Labour Convention and the 1957 Abolition of Forced
Labour Convention, the S ecial Action Programme to Combat Forced Labour was set up
------:---,
A~~ l li.
Constit~ti~oal provision for Elimination of all Forms of Forced or C~mpulsory Labour.
--...
(_rhe pripcipl~ of the eli~ination of all forms of forced or co?1pulsory labour is recognized in
India. The Constitution of lndja, Utlde1article 23 Jprohibits forced labo Art· l 2
· . · • · ur. , tc e 3(1) states
that "traffic in human . beings . and begarand_other similar fo~s of ~ d ·
. , ,orce 1abour are
proh1b1ted and ~1y contravention of this provision sha]l be a: .
, . . . an ouence punishable in
h
accordance with
. ,
law»
.
.. Vanous
,
·udicial
J
article 23(1). of the Constitution of I d.
. .
pro
. d" Yb
nouncements ave. upheld the dcfin ..
n ia as m icated further. "Traffic .
lttons und.e.r
m human beings"'
 U 01 ~ ~ iA t, ~
. .
· ~:-:---=- ~ : PVDR. y .
~~~ ~~m ,
~~
, ~Lf~
()JJ
{_~ ctiAfri~
~1 ru rt ,tb A 0--ct,
.i,~~ s~ fl
t ~ .~ · ·0 h " . Jc. fi, .. _ ± ,~
~- r l(.v1..o ludes~
I
M-, . Ov u • (z3 .
"""'- 41U ,
State of ~ ~
lraffit. in \ or other purposes (ShCJ111a 1•.
~ ) inc and children, for
· vomen imm ora l
· ~ J..Jon;(_
,_ ,,
by government or a person 111 ' • ..;{ A

MP . [Link] 5-~·~
.......;.:.._;,
i-1) ,rnB· ..
Jl~ eg ar means "labou r of serv ice exa cte d
67); Sur oJ
·
v. a..;
1°'"C .~
!~t,,
power w 1th out giv · · remunerntion for it" (Vas11de11011 v. Mi110I, Bombay 53(
d" ~
• ing ~.
dhy a Pra des h J01 tFo /ce d Labour": Labour may be "force
Srate 0/ Madhya Pradesh, Ma as a.,t i h ~
forc e but also on acc oun t of a legal provision such
al
not only owint to physic
. also .owing.· 10 r -{;~ ?~ .fi 'IiJ.~_
vide the service, but
. risonmeoi -Or' .&r:ie in
imp cas e the em plo yee fail s to pro
yment for remuneration which
IS less r0~
hunger and p ~ which com
m
pel
wag e
s him
(Pe
to
opl es
acc ept
Un ion
em
,,.
plo
Union o[l nd ia, Su pm ne Coun
147 0 ~G
th• n .the statutOQ' minimu t,..., ~ to
·
· ivU v'~ 1frQ
fl,- Ov i~ ~
, Sup r~m e Cou rt 328 ). e..t tA .W ~
Sanpt v. Stare q/R_ajasthtm -~ '1-ftX JNM J.v,._ Ji- 4.v
r- ~ ~ ,
~ :~ v .• uo
~ ~ l O J.... W 'fotWI.. ~ .
pulsory la~our as deQned
111 ~ h)~
-=:- w-{_,~
and reg ula tion s ;
in') ~e c?u nlry do suppress forc~d or com
lLa ws 23(2 ) 0 ~ the ~'
~en tion No . 105 _- ~e o~ly excepli?n made is ~rticle
Article I of ILO Gon ll prevent it from
wh ich . stat es :[Link] J "no thin g in .this A11icle [(23) (I) ] sha
Constitution ,
ng such .service~ the stare
ng com pul sor y ser vic es for public purposes. and in im·posi .
imposi ,
any of
gion. race. caste or class or
.

1 [Link] n on gr'o und s of only reli

slralf nor [Link] any disti1- is the National
leg isla tion ena cte d und er the constitutional provisions
rhem ... The only tors. engineers or
wh ich env isa! !t'S req uis itioning of the services of doc
Service Act . l 9Tl .
this legi slation ,,a s
or a spe cifi c per iod in nariorrnl emergencies . Though
technologists
arisen I() inv0kc the .ibo ve
in l 972 to me et an em erg ency no such occasion has so far
[Link]
legislatio1~
with the ~rinciples as
legal rem edi es exi st in India to ensure compliance
ftPpropriare
are dealt with by the
Art icle I ofl LO Co nve ntion No. I 05. Violations, if any,
specified under
loitation wh ich is a
23 of the · Const itution gua rantees the right against exp
judiciary. ~rtic/e I

legislature .
t it cannot be taken away by the
fundamen1al right implying tha
able in acc ord an ce
Co nvention No. I05, is punish
.Cr
orced labour, as defined in Article l of
st t dd res s such
icia l mechanisms-and procedures ex·
, 1 oa
.ifa,
Jaw. Appro priate leg al and jud
with the
violation~

constitution
7 ,_c~ildren rights un~er the
1Ch,Jdren on account of their tender age and immature mi nd need specia. l care and r .
~ entitle ts th p otection.
s eciaf [Link] and le al at are b .
The have cer tain men
stitutio n of d. . emg acknowledged
ally . The con In ,a recoon12cd the . h
~ationally and internation
l art icles d r . b - ng ts of chi ldren for
lud ed sev era .
the firs t time and inc ea rng With their Jibe
rty, liveli hood, and
 ls0 ry nnd frt' t:
development of childhood, non-discrimination in educationnl spheres, compu
ous ind ust ri cs.
education a nd prohibition of their employment in factories, mines and hamrd
. They ore 1101
Socially a nd physically children are the weakest element of the society
no sny in any of th e
responsible for many of the cases and do not deserve to suffer . They have
1924 dec'.umtion of
•~atters of evils like war or external deb~ It has been rightly slnted in the
nll child cnuses
rights of the child (declaration of Ge/eva) that has now been used for
.~ _Y investing in
"mankind owes to the chills the best it has to give". Children nre the futurc
societies will have a bright future:)
them

\\ l Right to educ~tion ~ - · . . . . .
slulc shull provide free uml
) ( Articl e 21-A of the constitution slates lhal "right lo .[Link]:alio11-lhe ,.
\: ( 6-14 l <>ii . a manner ns
compulsory education to a11 children of the age of "'(six to fourteen years m such
the state may, by law detennine."The Supreme Court in its liberal
interpretation 0f life nnci
s libeny bur nlso
liberty as under A,ticle 21 held that the term libe,ty not only include
includes livelihood but also the right of human beings to live with
dignity and rhm also
fundamenllll right under
includes the right to education, and therefore, right to educarion is a
hy the suprem e ccn11:1s
the constitution. The case of Mohini Jain case came to be fo1tifiecl
right to educa tion cnn
subseque~t constitution bench of Unnikrishnan !s case, which held that
prirna,y educational level and not to higher . seconq my levc9
be restricted to

en below the ngc of,

Article 45 Provis ion for early childh' ood care· and educa tion to childr \
-

ix years-
all children until
Th~ State shall endeavor to provide~ arly childhood care and education lfor
they complete the age of six [Link] article. has been substituted by
the Const itutio n
S6-tt- ·
on nee. 12 2002.
(eighty-sixth [Link]!nl) ad, 2002 which received assent of thr. Prcsirlcnt
nlso been
By this all'.!endment a new(brticle 2~ providing for right to education has
inser tj~_; s [Link] keeping with th~ hope expressed in the ~up~me Court in Ullnil
[Link] I]
and ohm1 Jam[2] that conversion of the State's obhgatJon under
Article 45 into n
fundamental right would help achieve the goal at a faster speed ITo · ·
\.: as 1s now also a
.
fundamental duty of parents and guardians to educate such children as provided
· I
ofArticle 51-A) c nusc (k) . "'
(! 1R 7l'\ll"("," '·•.dli '•::;:..n',i '<ii ' · ~ ' , ., , _- · "" , , .... , -
""::.z'U-!)i~·~.-'ffr~"S·~,~·u '.~ ')'/'',·!'l"
:._1•'socy-
,.lf 1~

'1tlU~ ~:~4B~state~-f,tne/~~tif &vJsrnWf l t." ~ · :'1'"''ll'' _.,.. ·

ed'~yy'[Link] n' : ,. .,,; h'l'd ,·~
ren~ th--
c·
. - ~ -.\J, .<;I . . ,

; -~ist 1-".1"-!l~~~:-~~·tt\~,n ;.,.-_,

L .. . ,_,. - .
. . ... , .....~ ..:., , .,.._,

-·
-~ "'"·'.:>,--,, ••m- ,,
.'' . •; - "' · . .
- . • .. - -- - ..... ·s-. .,..... -lx,, .. 1
sua_ ·t t? . -e~V0tt! ~f0'r p''fov,·a~~~\, ~-,~ni '.t?l' ~:-~'Q. d""l\.\ ,:=i~'.~l.'<-t"."'~:i.,:\ ,'>' :\:d"-""··•:-,nt.,,..... •
': Qt' ·ten-··years'· 1 to'-.-,,;· t:t•\ i_:1>:t .~ l . . ·,._
, . . ' · "'t.
..., ~ , ~......... · .• . <- }•',Ji ,,,.v. •l ::: q -. - • -
l ,(IC <:QtJ)nl'e'n "'·
· - • -.-, , - ·
•
t,...., , , ..... .
C4{~,~t_itl!!iff•f ;~f fieK'irrffit~
.. , .,
:M11l~ re-.i~tfflctTf
· · • -• ···
b ':: t.~.~: , 1-1.....li,...1lgce1. 'i-!_j ~ - •• · ~- "'~ cemc . · _ :· .. ~tit
n mtil't e
~
· ·- ·· • ··- _,_.__ · . ,: :£ >-- . ·-- • ~ _1 _ ~ ¼ qr.~ c
- ··-· . -··~·./ _ Y~~~m.,1
·« -
1,. -.-{ _·1..
~~ tll~
- •
age· or
 •

fo1111ecn ye . ,, .
n1 s . lmvcvcr I his . I I .
comn,e ----- · gon ins not hcc11 r1cl11cvcd even after fifty years of the
nccmcm of the Co . . . .
fro d' llSlltut,on . It was held lhat there was nothing to prevent the State
rn ischarging thAt s0 Iemn obl'1gat1on. ~
. . through the government and aided the schools and
Article 45 docs 1 • ·
lot require the obHgation to be discharged at the expense of minority
commonities.[3]

(1t was held in the case of ohini Jain v. stale of Kamatnka nd others, Al R 1992 SC 1858
· are fundamental in the governance of the country cannot be .
· · Ies which
The dircctiv e prmc1p

isolated from the fundamental rights guorantced under part Ill. These principles, have to be
read into the fundamental rights. Both are supplementary to each other. Th~ state is under the ·
constitu_tional mandate to create conditions in which the fundamental rights guaranteed to the
individuals under part Ill could be enjoyed by a'9Without making "right to education'' und~r
Art AI of the constitution a reality the fundamental righls under Chapter JII shall remain
beyond the reach of large majority which is illiterate."Right to life'· is the compendious
~xp1·ession for all those rights which the courts must enforce because they are basic to the
dignified enjoyment of life. It extends to the full rnnge or condu<.:t "hich the individual is free
to pursue.~he ri2ht to education nows directly from ri!!ht to [Link] . .1.P and other
v. State of Andhra Pradesh and others 1\ IR 1993 S.C. ~ I 7S··Tl11.: firs\ question is whether the
right to life guaranteed by A11icle 21 docs nol tnkc in 1hc ,:ight to or not. It is then that the
se<.:ond question nrises whether the Slate is taking away 1hc right as at present does not mean
that right to education is not included in right to life. The content of right of life is not to be
determined on the basis of existence or absence of threat of deprivation .
•
The right to education fu11her means that a citizen has_a right to call upon the State to provide .
educational facilities to him within the limits of its economic capacity and development. By
saying so it does not mean the transferring Article 41 from Part IV to Part Ill. The judges
stated that they were merely relying upon Article 41 to illustrate the· content of the right to
education with the right to life. The judges further stated that it is improper to believe that the
State woul~ not provide education to its people even within the limits of its· economic
capacity and development. Thus t~; court in the case of Unnikrishnan overruled the judgmen t
of Mohini Jain on the basis that right to education covers only the primary level education
and n~t the secondary level.
Rights against exploitation
j Article 23 states that "prohibition of traffic m human beings
a nd forced labour.-

(] )Traffic in human beings and beggar and other similar forms

of forced labour are
 nce puni shab le in
ibited and any con trav enti on of this prov isio n shall be an offe
proh . law
with
~cc<>rdance
· for pub ·1ic
- th·
~)N ' · h. · · ent the state from imp osin g com puls ory serv ice
~ 0 mg m t 1s Art1de shall prev
make any discrimination on
~lpo~--es, and in imposing such service the State shall not
any of them .
::frounds only of religion, race, caste or class or
or let
and women like goods, such as or to sell
. ~raffic
or
in human bein gs means to deal in men

otherwise dispose them of. It would inclu

de traffic in women and children for imm
oral or -
The immoral traffic (prevention) Act,
1956 is a Jaw made by parliament
~ -p\1fposes[4].
in traffic in
purpose of punishing acts_. which result
tfo<ler_-Article 35 of t~1e constituiion for the
~a n -lx!irigs.
abolished and declared
)ri~'iitsuitnt:e'of Ai-tide 23the bonoed laoour system has also been
k again st his
lition) act, J976. To ask a petson to wor
illegai by the bonded labour system (abo
Con stit utio ,:)
can be a breach under Article 23 of the
will and not provide him remuneration
to work against is will[5]. -
In no circumstances can a man be required
¥
ibici_11
Ci~e. Indian penal code and the criminal proc
edure code have s~parate [Link] proh
the penal code. selling, letting for hire
or othe rwis e
traffic in human beings. According to
er the age
rwise obtaining puss~ssion of any girl und
disposing of, or buying, or hiring or othe
is also an
or for any unlawful or immoral purp us~s
of 18 years for the purpose of prostitution
on has been
nt organized prostitution as a protessi
offe ncv Jn I 958, by a central enactme
offence.(61
running of brothels has been made an
abolished all over the country and the
w the age of
chi]dren in factories:elc- No child belo
~rt ide 24-"pmhihition of employment of
age d in any
work in any factory or mine or be eng
fourteen years shall be employed to
-employment:}
' hazardous

~ ~:~:-~!~ M.C.Meh_ta v: ~~~t~

d labour was
of T.~[7] . not~d [Link] menace of chil
loyment and
~i_d.~_piyad.~[Link], 1r [Link]~ :w1de ranging d1rect1on m the cQnt~t of emp
0

h'j!diyµ b~l9w the' age of 14

~- jf<fJt~iir~&[Link]~~lX.~~FR~OhiQ!,ti.J]g~~ ernploymetj_tof _c
 for total elimination of child
,
school upto primaI).' But e\en
. .
.
.
labour, and making 11 compulsory for children to be found in
. .. -.
after 10 years after the child labour( proh1b1t1on and abol1t1on
l
acts, l 986 ' the act once agam .
· continues . . . . .
permitting child labour where ,t ,s not proh1b1ted.
The apex court are not however willing to reconsider its decision and continued to give sops
to employers so that in some way or the other child labour is permitted even in indu 5t ries I •

t
wh,c h are hazardous to. the · health of the children. In the case of [Link]: juS ice
M.M .Punchi expressed his thoughts on child labour. He ·stated that "I see in this scheme
{child labour) \•aried kind of benefits accruing depending upon the social strata in which such"
0
schemes are introduced. It would be an ideal transition to adulthood; it will provide a sence (
th
responsibility and instill confidence and pride in the work of the child~ very imported!y e
. • . . b · ·11 be an extremely constructive
c h I1d will understand the concept of dignity and 1a our, it wt
th
use of time by the child, and it will also be a ~velcome so~rce of income in e family.· .." .
The judge was also quoted saying that the elimination of child labour altogether would be
n r--,-.. -<"'-
CO p Ct ~.J' . · . ·,
harsh ... Boys Hoste!-
ll_ I) ..L..,.C,.....h_i_ld_l_a_bo_t_11_·:....... P. U, CH:)
} • A11iclcs 23 and 24 of the constitutions determine the term ·'.c hild labour" .
. [Link]. acr W(IS enacted on 23rd December · 86 by the parliamenyand was enforced on 26th
0

Jlia v 1993 by the cc,11rnl governmcnt~c act ,was ineffective for over 8 ·years due lo the
;,~·activeness of the state and central govcrn1.1 1en~le object of the act is
Jr'ban on the c1-1-1ployment of children i.:,e., those who haven't completed their fourteenth
. .

year, in specified occupations;

~ down o decide modifications to the schedule of banned occu at ion and

··- regulate the conditions of work of children in employment where they are not prohibited
from working; . .

~ dow enhanced penaltie _for employment o~ children in violation of the provisions of

this act, and other acts which forbid ttie employment of the children·
~obtain unifonnicy ·n the definition of"childn in\he related Ja;s
.
The intention of this act was to ban the engagements of child labo ··an certam
. .. . ur employments
and to reguJate m areas where 1t has not been prohibited. It provid
. . es power to the government
.
to make rules with reference to health and safety wherever th -
. . . e emplovmentu,f child
penmtted. }'light work for children is prohibited. The ho f re~ are
urs o work for the h·I1
to be considered .by the state and the central 0oovem ments. c dren are also
r. .
~ le act enables- ti10 governments to nppomt
. inspectors
. 10 enforce the
. . f
prov1s1ons o the act an
d

it has also pi·ov·...1

-
...1 • • • 1 ·. .
tueu stringent penalties including imprisonment for via at1ons o
f th e
provisions·of the llCl.
Any occupation ich mliy be connected with transport of passengers, goods and m~•ls,
cinder packing, construction of railways, selling of fire crackers etc .... may be included ~s
child labour activities.- Process may include bidi-making, carpet weaving, cenie'rit
manufacture,. cloth -pri\1qng, weaving, dyeing, manufacture of matches, explosives etc .. -will
fall under the categbfy· of ch'il_d ·labour.
[ .Juvenile justice net J

Quvenile .- delinqueri_ts f1av~·. _ been :Jooked upon differently by persons. To a lawyer, they. ate
Ill inors who are: accu~ tl of Jtre,[Link] from which they are inunun~ . the pu11islu11t:nls ·if1at ai~
usually administered :to adults.e psychologists they a·re youngsters wh~se social b_ehavior
patterns show deviations from acceptable [Link] take a different view by stating that
they are neglected children who have been brought into the world by parents who have turned
their back on their offsprings and let them shift for themselves[ IO]. Juvenile delinquency is
\ ' ' 1
indeed a social problem. Economic insecurity, tmder nourishment, inadequate clothing and
\ . . ..
tack of necessary medi care may lead to delinquency. The state has to give these-children
heller cai::e and make ;Lhirn good citizens. The government is d<;>ing its best to contaip•the
problem of juvenile [Link],,. In India the first legislation concerning children \Yas
enacted in· 1850 wfwn the apprentices act was passed. The act provided that the father or
guardian could bind :the child between the age~ of 10 and 18 years. -Magistrates were
authorized to be tpe gua:rdiiin of each oestitute child.

19.:~:
( The cr_i~i-nal ./~~:::~'.~fe_~:,::_~ od:~: containe
provisions . ·dealing with juvenile
'--aelingllenc_Yi SectJqrN'~:' ,J!tb'~~[Link]~ reads
"any offence not punishable with death or imprisonment for life, ·committed by any person
who at the date when he appears or is bough"t before the court is under the age of sixtey~
.. I 1,y· ti ie court. of a ch"1e [Link] d1c1a
..years, may L, t: IJ·it:u . CJ M
.. I mngistrntc, or by any court specially
· powered under the children act 1960 or any other law for the time being in force providing
 Such a child
lllust be co
mrtHl1 cd '> 8 r
pants or the gu 8 rd . ernand home ·1he officer 111 <,hi1rjc'.c 'lh,,uM ,nf,,r,r, lt.e
mn to be . '
officer in ch present when the 1:hild 1, produced hcforc rhe 1uvcmlc v,urt ·rhe , I _ ~- --
- .ivdt ~• 11,,- ~
~
argc should also . fi . , J~"'e.- ~ "'
'I Aims of .
Th ·
,
JUVthilt iustic:r
· ·
In onn lhe probation of ficcr .
.
fr,,.. ,
- ., u , ~ ,"U - U Cl ~~-
~ ~
.).}. .-u
-~
C jUVcn,lc jUstice s l h - ~ ,_ i.J illvv / e-b ~
. . ys cm s all cmphasi1.c the well being of the juvenile l,ffende, mu~ T.>eUn ~ . . .
pro port ion to the · · . .. ·,..
circum st ances o[ both the offender and the of fence . ·, here tJre rw,, rn,jJ"'
objectives of juvenile justice. They are
~t_!}e well being of the juvenile
-4.'~he principle of proportionality', which is intended curb ' punitive ~ancti<,n'> _c:xpres~
10

in ju st deserts in relation'to the gravity of 1he offence', and t~ ensure that the response tr, the
younger offender be based on the cqnsideration not only of the gravity of the offence but also
of the personal circumstances'.
~ h i l e the reaction must aim t; ~nsure the [Link]•the un 1 offender ·1 must no go

beyond necessity and, therefore -infringe upon the [Link] young individual
Legal [Link] and prosecution
ll1e Beijing rules c:,f IO(initial contact). I l(clivcrsion), 12(spccial ·police units) and 13(
detention pending trials) address them~elvt:s 10 1hc fair and humane appro,ll:h that musl be
shown, and the procedures that must be scrupulously followed by the police upon the
apprehension of the juvenile, and the care humanness. firmness and solicitude for nelfare that
must be consciously bestowed by !he personnd on his admission into the juvenile detention
centre.

~ itial contact-upon the ~pprehension of the juvenile the parents must be immediately notified
of such apprehension. The initial contact between the juvenile and the police and the other
: : : ::,je juvenile homes must _respect the well being of the juvenile and must not ham,

'y I) The righ.{of a delin uent child

/, There [Link] be a sharp and basic focus on the procedural safeguards that guarantee a·.fair and
just trial of every juvenile before a competent authority. Basic procedural safeguards such as
the presumption o~ innocen1c~, the right to be notified of the charges, the right to remain
silen~ the right to council. The right to the presencc ,of parents, etc..' shall be guaranteed at all
stages.

The princip]e of non age

 lor nn y criminal 1acr commircd by him ,
:\ _1u,·l ·n,k t'I b{-- ltiw n p1m1l·11lnr "8c i~ nol rci;pD11sihlc
nh1r jry nnd Slit1i cienl inca pacity to j
!~cn u 5c of hi~ cmotionnl, mcntnl And intcllcctuol i111nr
di st ingui~h hetween rj11bt nnd wroo~)

(:1e m•ti onn l clfo11s lo prcvc,11 delinqu~ncy tnay be trnccd

to the yoor
child wns adopted by the Jc;iguc of nat,ons.
e Jt was in_ lhal

y't."ar the "Cicnrvn dcdnrntion of 1hc rights of the

the child. There arc 10 principles in
The- l lnitc-ct Nntions elaborately dcols with lhe rights of
are as follows
th e dC'darn1 il,n of the rights of childre11. Briefly they
on .the race, color, creed, language, •
~r\nc iplc l : rights to every child with no distinction
religion, property etc .. .
be given· op'p6rtun1ties and to enable
Pri11ciple 2: the child shal enjoy s·peciii.l protectio'iY. hall
in a nonnal manner
him ti develop physically, mentally, morally; s iritually
birth to a name and a nationality
Principle 3: the child shall be entitled from his
ion prc-notnl nnd _ ost-notnl care etc ..
Principle 4: the child sholl 'enjoy social securi nutrit
mental!_ handicapped·· hall be given
Principle 5 :the child who is physically, socially or
. treat•nent
special
iron men ~ lo\'e and c ~ A child
Principle 6: the child, for a full and harmonious env
1 ilit:s should t',iVt'. spe,:i:.11 c::.1r~
l,t: st:pmatt:d firn11 his 11111LIJ1:;L Slkia l and· pul,lil: aul.1111
:-.li<ill 11111

that has no family and those with no adequate. stipport

tion. It shall be free and compulsory
, Principle 7: the child is entitled to receiv · proper educa
be given full ~ppo rtuni ty for play and
atleast in the elementary stages. The: child ·shall
recreation

Princip1e . 8: . the
'-ptM¥cJi~n . and relief
c~ifd .m'ust.,.::. .b~: ~ Jhe :;:.-f.i~st;:;tiL . .ecehi~: .':~
'dyJo~ris-ofcruGit ·:ii~gtc.cr_t.:xplt>ilalion. ~fhc
f'1111ci_µJ(: 9: ·ll•~···dtiJ1HJiull . : pr0,l~·¢{~U,:.'ffy1ri #_
chj}ijts}f~lh1pt be· ~cf!nitted,.tqi~lli ~fr~i,f 'f1fr a'pprqpr.i~te .rn,ni,m,lfi~\jig~~which W.9U
plhy~~TTi '
Id
,, , . . ,. ~

'

. preiYitF~.hl~l~~,thj
PBW4N( :;·i o.-~ th~~4~b,0~~'tiffa{f~~»~:wrg.f~~f~8r?tt~ifll -i>.rAit~~~·[Link]~~:, m~r-I~ro~f~r-'-'·~~(ii =

.&i<,~Mf~a!fiiil!J~~1JircJ; Sli<Wt ,o;m.Y~/;6Y'.~~filfflf:pt!~fe~ 6~~• O)lijID!JWtP~Ce ~~~s !f

(TIJe- ,int~h)aticmaJ ;-J~~µi orgaritzitt$h,f~l'if~fiutn~ ifs~pecj fit~llf:r~l~v~tWf~~;m1c1re'n: add~
t~~-s\ibJ~ ~of:.ag~ (dt.~mpJ~¥1A~nf,i{[Link] b~Hf.~i~-11~Jq,\~ii9W $;'t9.f{ffl.l~i-#ni fiajf~~~i-~ of
~b.O.g[m,[Link]:yafY~t -? °h 71t,~,_!Yqt~
~?~sn·.g"•'~!PJ-f .L ~std
b.-.~i':f\" 1~~. n.ve11' ii;,'
. ....HE,,es. ··~!t'-'fie.. J'•.t~"'
r~a..J~]
1
' .. -~\
~·H·~')ara~l ."l;o{~:.
~:!41.~ a•)!,.fo..r;;,
-!ttt ., ., 1 ~J,Y~ ... ~:.'d~ Qij.

,t~!!~~j~':. ilie chftt~ne ·iJN,:c'orii:mi~-~J~~:o~~,:'6lt}nW:.,~.gfit;iefr~;M

0f~ ~t~ij~l:?16H~lftq~~[Link].-jiii!~
1hj {t~WSi);
c~n Y:~rftit if:dift'i h~()1g!)J~··or1t9J1j !d:!Jvu~,Jii~:tcl9-Mo't'1t~~i:U\s 1:~~i"[l~·lf1'tffl8~;~
 · ·
decided to s t 11
e P a workino orou \ · the
intern f I ~ c: P vrth the human rights commission which from 1979,
a iona year of the h.1Id I185
h c met regularly every year for a week in order to complete
. . .
t e convention. After 10 e work its efforts came to an end when , as ,t has
years of intens
,
already been reme be d the united nations general assem bly at
m re , on 20 november 1989 and
ed the [Link],·on which is currently open ',or s1gnar · c~~t
its forty fourth sess,·on ,"dopl
"
and accessionr _:z
ratification

6• convention on the rights of a child must be read with internationa

composed of the 1949 universal declarations, and the
l bin of human rights.
_l966(date of adoption) mtemat,onal
) and international covenant on child
covenant on economic, social, and cultural rights (JCES
and political rights .
Article 45 of the conventions of the riaht
0
of child invites the specialized agencies, UNICEF
th
ing an express invitation, wicll e
and other UN bod ies to co-operate, motuproprio or follow
comminee)
'ii '

~J ;t- 6,e idea of codifying children 's righis under ~he constitution
has been _severely criticized. It
Cl1lturnl divergences of th1.: drnfrers
· _is argued that the dillcrenl views stemming from the
ing and bring about a---dilution of
cause vaguene~s, over breadth, la~k of comprehe11sive plann
is to set rules for the protection ,
already esrablished rights.[ l2J8ut the aim of the convention
bod0 ,,
of minors whose application will be monitored by a UN

ition Act · [Link]/if~

;:_;;; An Overview of the Contract Labour (Regulation and Abol ~
· A~AI
iri..,<,T LA,,VV V'-< ·

fl-v ~ " ' 1 t . - L ~ ~

/ ,._

-to ~ ~--1:orf lM .
the

C he Contract Labour (RM

certain circumstances ·
•
gulation and -Abolition) Act, I970 Iwas enactedto regulate
ployment cf contract labour in certain establishments and to • •
1
,
· m
provide "or ·1s abo 1·1t1on ·

Applicability:

Ch• act is applicable to:~eve,y establishmenl2in which twenty or

ding tw I
more workmen are
h '
,;m lo ed or were employed on any day of the prece e ve mont s as contract
labour; every contractor who employs or who employed on any day of the precedino0
1

twelv months twenty or more workmeo/

1

-~ ~ - t o -~

filgJ
 Non-apelicability:~ n establishment which performs an · intennittent orcasual nature of

1·'·
work.-The appropriate Government shall· decide upon the intennittent or casual nature
of work after consu It at i"" with the Cen tra I Boa rel/ [Link] Boa

1Difference Between:\
Registration of Establishment employing Contract Labour
• or more
_. ~ Qplicab\e to every establishment (Principal employer) which employs 20

contract \abour
.~ The Principal Emp\oyershall apply for registration of anestablishment before the regi 51ering

officer
_ ·This is not renewable on year to year basis
_ Certificate of Registration need not be displayed at the establishment by Principal

Employer

Licensing of Contractors
.:,_ Applicable to every c_ontractor who employees 20 or more workmen
_ J'he Contractor shall obtain a license from the Licensing officer
- This is valid for only one year / should be renewed before due date.
~~ - License ·shall be displayed prominently at the premises where the contract work is

- being carried on.

Liabilities and responsibilities of Principal Employer

-The Principal Employer shall provjde· the ,essential amenities lj~e Canteen (above. 100
contract iabours), rest irooms, drinl<ing water facilities andtfirst aitl facilities;if the same is rtot
provided bythe Contractor (Sec 16 to 19).
-;The expenses .incurred onamenities by the Principal employer may be rec'overed
fromthe contractor either by deduction ·ofany amount pay~ble to the contractor under any
contractor as adebt payable by the contractor (Section 20).
-The Principal employer must ensure the disbursement of wages through Contra~tor
;11ithin the expiry of prnscribed _period by nominating a representative. If the Contractor fails
to make payment or makes short payment then, the principal .employer shall be liable to
make payment of wages in full or the unpaid balance and ·recover the amount so paid from
1
theContractor (Section 21 ).
, ·c ompliances under the Act
l Princ ip,,t Employer:a)(With in 5
\;. l days of commencement or completion of each contract
work under each contractor . ,,
------....:.... :::.:.:~ ~~, submit a return to the inspector intimating the actual
l - '
, Gates of commence d .
· ment an completion of such contract work.
b) Submit annual ret . •
1 reg1s1enngoffjcer_concerned not later than, I SthFebrua~
urns to Uc
following end of the year to which it relates)
Contractor:File ,half yearly returns with the concerned Licensing Officer not later than
30 days from the close of the half year.
-[~---.-~-IV -o.--:I~:-:-J--.
,._ , ·

o/ ~ e Convention eoncerning the Prohibition and Immediate Action for the Eliminati~n J
of the Worst Forms of Chil<l Labour, known in short as the §,orst Forms of Child _
[ Labour Conventi~;J was adopted by the International Labour Organization (ILO) in 1999 as

~
l LO Convention No 181 Lt is one of ei!!ht ILO fundamental conventions.
I .._
1

By ratifying this Convention No. 182, a country commits itself to taking immediate action to
prohibit and eliminate the \\0rst forms of child labour. The Convention is enjoying the fo~lc~t
pace of ratifications in the ILO's history since 1919.
The ILO's International Prourammc on the Elimination of Child Lnbour (IPj;:C) is responsible
for assisting countries in this regard ns well as monitoring compliance. One of the methods
used by I PEC to assist countries [Link] regart~ -~re Time-bound Programn: , .
The ILO also adopted the Worst Forms of Child Labour Recommendation No 190 rn 1999.
This recommendation contains, among others, recommendations on the types of hazards that
should be considered for inclusion within a country-based definition of Worst Forms of
·~ ~ ~ ~~~
=::
Hazards faced by Child::" at Work µ.-¼) ~o;t.i.,,w,,o
~~ I- ~ £ 4 ~ ~ y~~;i:io)-) . . . - ~
(Ratifications 1 . t-vuo_-- ~ wa111+ ~ 1 u--..; u '- ~
s2 out of 1s1"ft.o membe;t tes. ~ ~ -
6i of 2018, the convention has been r~ufied by 1_
.0· 'P ~
Predefined wontforn1sofc/1ilt/lubour C,~?}
"1rtitk.l. _ WU~
Convention 182 in~ludes fonns of child labour, which are preae}m;a worst fonns of
labour. They are also sometimes referred to as automatic worst fonns of child labou;:
w~ ~
The predefined worst forms of child labour are: · ~
• aU forms of slavery or practices similar to slavery, such aslfil
o the sale of a child;

o trafficking of children, meaning the recruitment of ch ·,Id t d

. ren o o work far
away from home and from the care of their families , inc'1rcumstances within
. .·
which they are exploited;
~~ L-tl. ~ _. V-l ~ 9.1). 11vo¥1v ~ ~ cuA. J(,c:1 / ~ bu ·
[Link]..VV"vw~ W t J ~ ~ ~ or -c ' ~ · ~ ~ 11-eJ
~~ ~ ' 6 ' ~ ~ ~ AVl~ • u u/-hv ~~
0-!- u...~ ~ ~ ~~~ ~
~ci.:,;T=-Q-·~
~
~ ~+ ~
.
cbt bondag,c or any other form of bonded labour or serfdom;
.N ~
, ~ fa.
0 forced or compulsory labour, including forced or compulsory recru1tm e~l O "rlrf?J>
children for use m·anncd conflict; ~
• Commercial sexual exploitation of children (CSE~). including the use, procuring or fd"l)Vt41~
offering of a child for:1~1
o prostitution, or
o the production of pornography or for pornographic performances;
. '·
• use, procuring or offcring of a child by others for illegal activities, also known as
children used by adults in the c·ommission of crime (CUBAC), including the

•
trafficking or productibn of drugs
work hy its nt1h1re that is likely to hann the health, safety or morals of children
\
Worst form hazards: To be defined by each ratifying country
~e last category of worst fonn ~f child labour is work which by its nature or the
circumstances is likely to hann the health, safety or morals of children, or Worst Fonns of
Hazards faced by Children at Work:_ Here t~e Convention recommended that the
circumstances should be determined in consultation with organisations of employers and
0

r workers wirhin a specific country)rhe [Link] reco111me nds that program"!1es of acti'on
[Link] attend specifically to younger children, the girl child, hidden work situation in which
. .

girls are at special risk, and other groups of children with special vulnerabilities or needs.
~rst Fonns of Child. Labour Recommendation :No )90 cont~ins recomme~dations on the
types of haz,[Link] that should be considered to be included within a cou~1trv-based definition of
~ . ~ . . . ·I ~ l .

worst fonn [Link] could lead to many deaths.

The worst forms of child labour that should be prohibited in ILO Recommendation No. 190
are:

• "Any work that exposes children to W'.xm1I ab11~c..{physic111ly or psych_olor,icnlly).

• Any work that is done underground, under water, at dangerous heights or in confined-
,. ~paces.
• Any work that is done with ~ngerous machloeQ'., equipment and tools.
• Any work that involves the manual handling or transport of heavy loads.
• A~y work that !!_done in an unhealthy environment which may, for example, expose
children to hazardous substances, agents or processes, or to temperatures, noise levels
or vibrations damaging to their heal . _...,."',,,...,.-.,,, '
Jlt....d._! e,L._ .( ,- ~ ~ ·~ '-""~-....C-

. ' JO vi \"' 1-.) ,vJ dJ ~• l--.u:,l.-- 'vO f'b'" JOY/

~D ~ ~ ~ &,
~~ 1 -1)~ , v-t .vh-.-"D,. ~ j-~.,.J ~
iff" ~ ~ u . u i i '1 ·J--.~-~~ ~ o h J. ~
(Jru~,ci jD ,-,J °t'~ ~-'"'- Ml . ~~~ ~
L fBlP" a,1.1
 )~
_....,... -;- ~ ~I~ J~ ~~ h~ 't
w '1viU ~I~ ~
~~~">..;

~ Jk ½- .~ ~ 1 o - f v=-~ ~
~J.)

.~
\\Ork rhat rs done under par11cular/y difficult cond1t1ons such as ~rk
ll)
~ 0

· the ni hr or work where the child is unreasona bl Y con fined to ).hv,t-

the ~
Ilours or durmo

Country roorammes o~ WFC .

~~
. . or nisations) to stimulate
Several programs exist (coordinated by the ILO or other UN ga , ..
fonns of
adherence lo the convention :
. ation addressing the worst
• · Prooram
;:, mes of the International Labour Organrz

child labour Worst forms of Child

E d·cation of th e
Time-Bound Programrnes for 11I e ra
1
0

Labour; .
· · · f Child Labour ,
rhe Elimination° . . of children.
0 International Programme on
rcial sexual explo1tat1on .
0 Country programmes OJJ Comme . . d hild pornography
. hild prosr,tut,on an c
Rappor teur on the sale .o: _children , c --------~-:::;- p ;J1 Lia~

~ ~~
The Special
~
P
lays a role in the co-ordination of act,vrties )
~ ~ ~~-~
~
,..;,.._ CV)?/> ~
·~ ~; -:~1
~ ,~~
~~ i- ~ _,to 'Poo\Jtl.J1<>~ oe~ Ad ~ ployme ~~ C 38 ~L ~,/-
L' fipur Or1!aniiatin!_l. It requrres ~~
The ll.O ~ 111 , ·cnlton concerning Muumu ~
0
- ,
1
by tl1e _fulan,'.• hlll~ ., re the eflective abolition of i:111 Id I if,.,~~' ,J(J
is ;i ,:,'') ·, .:.:nri,111 ;idopred in I 973. al po/,cv deSH!lle to ensu . - .,. - '...Jf.J..,,
. , :-: . -- - . . . I ·. ·i ~mplO\ J11('1Jt Lll \\ llr "'- ~
ratih Ill!!- states 10 pursue a nation, . : - . ,· >II Ill rv
- . . . I the lllllll/Oll lll ii!!'-' UI ,I( Jllb~ ( .
of labour. ~
i,dx•ur and IO rarse p,ogress,ve y I . ·1 · f LO conventions in specific fields
~~
Conve111io11 C/38 replaces severa s11111 a1
-Po
~~ ~11 ·'-->
Minimu m ages
years. A I /~ ~
Countn•es ate. ree
fi to specify .a minimu . m aee
for labour,. with a minimu
. .m of 15 o,., j,-
. r
~
/4 years is also possible when for a specifie d period of time. Laws may aho l,.A.,-v'
so ~'
"C(
. ·
declarat,011 0 •
Th,- '-:-' ~~~,,' - ,
pemlit light work for chil~ren ag~d 13-15 (nokt hah~hm'~ thl~kir healt~ or scd~oolt 1wohrk). , ~ -v.
d for wor e1y to Jeopar ,se 1e ea 1t
:::, of· 18 .,vears 1s specifie
· · n aoe .. w 1c 1s I .
mm11nw
safety or morals ofyoung perso~s". D_efinit,ons of the ty~e o~ work ~d ~erogat1ons are
only
possible afrer uipartite consu/tat,011s (1f such a system exists m the ratifying country).

Effect on other conventions

.
The convention is a revision of several conventions for workers in specific ateas. Upon entry
into force, some of these conventions were closed for ratification and becoming a
party to
this convention automatically resulted in denunciation of the older ones.

Ratifications

Entry into force of ILO Convention CI 38 occurred one year after deposition of two first
ratifications (Cuba and Libya). As of Janumy 2018 171 countries·have signed Conve t ·
C138. Initially, however, the pace of ratification of this Convention was extreme) 1n ion
Therefore, an altemati\.'e Convention with a more limited scope has been initiatedyi~ ~~- ill
It ~o~cems ILO Convention 182 concerning the Prohibition and Imm~diate Action for the
Ehmmation of the Worst Forms of Child Labour. _

Convention Cl 38 enters for a ratifying country into force one year after ratification. Th is can
be denounced every 10 years in the year after IO years have passed (e.g. 19 June 2027 - 19
June 2028). ·

The Convention on D~mestic Workers, formally the co·nvention concerning Decent

-" ork for Domestic \Vorkers is a convention setting labour standards for domestic workers _
1

lt is the 189th ILO convention and was adopted during the 100th session of the International
Labour Organization_Hl (tentered into force on 5 September 2013. rn

Rights

The m~in rights giv~n to <lomcstic workers as sjgcQOt ~vork arc d~ily and weekly ~at least 24,
h) rest hours, [Link] to minimum ·wagc and to choose the pince where they Jive and
spe:nd their [Link]. Ratifying states parties should also take protective measures against
violence and should enforce a minimum age which is consistent with the minimum age at
other types of employment. Workers furthermore have a right to a clear (preferably written)
communication of employment conditions which should in case of international recrn i tment
be communicntccl prior lo i111111i!n11li011. Tlu.:y an.: flirthcrnwrc not required to reside at the
house where they work , or to stay at the house during their leave_ 81

Adoption and entry into force

The convention was put to vote on I 6 June 2011 by a vote at the [LO conference in Geneva.
As JL0 is a tripartite organization, for every cot1ntry the [Link], employers and workers'
representatives are entrtled to vote. The convention was adopted with 396 votes in favour and
16 against (and 63 abstentions).w All Persian Gu]f S!ates voted in support, while abstentions
were cast by (amongst others) the United Kingdom.~1 _

The convention entered into force one year after ratification hy two countries whir.h is a
standard entry into force condition for IJ ,O conventions. Ratifications are to he
communicated to the Secretary-General of the ILO.

on-26 April 2012, the -Uruguayan parliament npproved the convention and thereby became
t~e- fi~st _c_o~ntry to ratify it,lfil followed by president!)ll assent on 30 April 201211) and deposit
0 . • _., .
its instrument of ratification in June [Link]

As of January 20 l 9, it has been ratified by 27 states.