Page 339 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Penalties

1. For employing any child or permitting any child to work in any of the occupations or
processes in which he is not allowed to do so the penalty is imprisonment for at least

months which may extend to one year, or fine of not less than ` 10,000 which may be
increased to ` 20,000, or both.
2. Repeating the offence mentioned above after conviction the penalty is imprisonment for
not less than 6 months, which may be extended to two years.
3. Failure to give notice to the inspector, or failure to maintain register, or failure to display a
notice, (as explained under duties of employer) or failure to comply with or contravention
of any other provision the penalty is simple imprisonment which may extend to one month,

or fine up to ` 10,000, or both.
Procedure Relating to Offences

1. Any person, police officer or Inspector may file a complaint of the commission of an offence

under this Act in any court of competent jurisdiction.

2. Every certificate as to the age of a 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
to whom it relates.

3. No court inferior to that of a Metropolitan Magistrate or a magistrate of the first class shall
try and offence under this Act.

Case Study Child Labour

Case 1: Ranjith, 14 Years
The boy was a native of West Bengal and came from a very poor family. He along with 9
other children from West Bengal were brought to Kerala for work. Ranjith was placed in
a gold shop at Thrissur. Long hours of work (16 hours), with very little food and physical
abuse were a part of his life. Unable to take more of this ill treatment he fi nally escaped
from the place and came to Calicut.
Calicut Control Police referred 14-year-old Ranjith to Kozikode CHILDLINE on 11th April
2005. During the course of interactions the child gave the number of the agent. A team
meeting was organized following which an Action Plan was formulated to rescue the other
children. One of the lady constables, posing as a schoolteacher, called the agent informing
him that Ranjith was with her. She asked the agent to come to Calicut bus stand at 5 P.M
and informed that she would hand over the boy to him at the said place and time. The next
day a-team consisting of Circle Inspector, Sub Inspector, the lady constable, and two police
constables along with the boy arrived at the bust stand in civil dress. However, the agent
did not turn up instead in his place another man was sent. He was arrested.
Based on the information given by the man the police carried raids at three places and
rescued 6 children along with the agent on 20th April 2005. All the seven children were
provided shelter at the Children’s Home, Calicut. The following day they were taken to
the District Government Hospital for a medical check up. An F.I.R was registered and the
accused (agent and owner of the Gold shop) were produced before the CJM. The accused
were remanded to the Kozhikode Sub Jail for 14 days.
Contd....

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