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Facts

PIL under 32 to SC
Petitioner – Bandhua mukti Morcha
Survey Stone mines in faridabad, haryana.
Petitioner Address a letter to Just. Bhagwati in 1992.
Allegeding that large labours were working in
Inhumane condition in faridabad mines.
These acts are not implemented by state-
Bonded labor systems Act, 1976
Mines Rules, 1955
Mines Vocational Training Rules, 1966
Maternity Benefits Act, 1961
Article 32 of the Constitution of India
Court Accepted that letter as PIL.
On 26th Feb Appointed a commission – Mr. Ashok
Srivastava & Mr. Ashok Panda for the inquiry of the
allegations.
Report Submitted on 2nd march, 1992.
Report
Whole atmosphere was full of dust & it was difficult
for any to breathe.
Some of the workmen were not allowed to leave the
stone queries & were providing forced labour.
There was no facility of providing clean drinking
water.
No proper houses.
No compensation paid to labour who were injured in
course of their employement
No medical treatment/ Schooling
ISSUE-
Regardless of whether Article 32 of the Constitution is pulled in to
the moment case as no major right of the candidates or the
laborers alluded to in the request are encroached.
Can a letter tended to with this Court be treated as a writ appeal
and without any checked request this Court can be moved to
practice its writ locale?
During a procedure under Article 32 of the Constitution, would
this be able to Court be engaged to select any commission or an
exploring body to enquire into the claims made and makes a
report to this Court based on the inquiry to empower this Court to
practice its capacity and locale under Article 32 of the
Constitution?
Whether or not these labours are bonded labour.
Judgement
Pragmatic & Practical approach.
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 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.
Asked the state gov to implement all the acts-
Bonded labor systems Act, 1976
Mines Rules, 1955
Mines Vocational Training Rules, 1966
Maternity Benefits Act, 1961
Stressed that it is the duty of State gov. To inspect &
look after this.
Regarding letter
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.
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. Policy making 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.
Made & Presented by
Trivickram jee

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