Page 340 - DMGT516_LABOUR_LEGISLATIONS

Unit 14: The Child Labour (Prohibition and Regulation) Act, 1986

Ranjith along with the three other boys have been restored home, while the other 2 boys Notes
were produced before the CJM for rehabilitation.

Case 2: M.C. Mehta vs. State of Tamil Nadu and Others (Supreme Court of India,
10th December, 1996)
This public interest litigation highlights the magnitude of the problem of child labour in
India.
In a landmark judgement the Supreme Court orders the elimination of child labour and
listed the obligations of the state and employer thus: (state to provide) compulsory education
of children affected by the judgement and (employer to provide and state to ensure)
alternative employment for adult members of the family whose child is in employment in
a factory or a mine or in other hazardous work, in lieu of child. State to create a child labour
rehabilitation-cum-welfare fund and employer and state to deposit a sum of ` 20,000 and
` 5,000 respectively for each child employed in contravention of the provisions of the Child
Labour (Prohibition & Regulation) Act, 1986. The parent/guardian of the concerned child
would be paid monthly interest of the deposit of ` 25,000. Employment to adult member
and payment of deposit in the name of the child would cease if the child were not sent for
education.
This judgement lists the obligations of the state and the employer, but not those of the
parents, trade unions and other interest groups in society in dealing with child labour.

14.5 Occupations and Processes where Child Labour is Prohibited

No child should be employed or permitted to work in any occupations set forth below, or in
any workshop wherein any of the processes listed in Part B of the schedule is carried on, except
a workshop wherein the process is carried on by the occupier with the aid of his family or a
Government recognised/aided school.

!

Caution Any occupation connected with:
1. Transport of passengers, goods or mails by railway,

2. Cinder picking, clearing of an ash pit or building operation in the railway premises,
3. Work in a catering establishment at a railway station, involving the movement of a
vendor or any other employee of the establishment, from one platform to another or
into or out of a moving train,
4. Work relating to the construction of a railway station or with any other work which
is done in close proximity to or between the railway lines,
5. A port authority within the limits of any port,

6. Work relating to selling of crackers and fireworks in shops with temporary licenses,
and
7. Abattoirs/Slaughter Houses.
The processes specified in Part B of the schedule are:

1. Bidi making

2. Carpet weaving
3. Cement manufacture including bagging thereof

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