Annual Report 2009-2010
with its contribution of Rs.5,000/- in the Rehabilitation Fund and then disburse the monthly
income earned on the deposit to the parents of the child. It also directed the State Government
to submit an Action Taken Report.
4.246 Besides, the Commission directed that a team from the Investigation Division should
again visit the Districts of Bellary and Bagalkot to find out whether 1,006 child labourers rescued
during 2005-2006 and 2006-2007 had been properly rehabilitated and whether the State had
recovered compensation from the delinquent employers in accordance with the directions of
the Supreme Court. The Investigation Team was also asked to find out whether illegal mining
activity persisted in the Districts of Bellary and Bagalkot and whether child labourers continued
to work in the mines. Besides, the team was directed to look into maintenance of records as
required under the relevant labour laws and mining laws.
4.247 Accordingly, the team from the Investigation Division of NHRC visited the Districts
of Bellary and Bagalkot in the first week of December 2009. The team reported that none of
the 1,006 (639+369) children, the list of which was provided by the District authorities were
actually rescued by the administration. The District authorities had just provided the list of
children admi�ed in the Tent School and NCLP schools without verification. None of them
was found to be rehabilitated by the District Administration as claimed.
4.248 However, the District authorities informed the team out of 369 children reportedly rescued
by them, only 129 were working in the mines, while the rest worked in hotels, construction
work, etc. They furthermore informed that 167 children were rescued by the Labour Department
from 2005 to 2009 and prosecutions had been launched against 123 employers. During their
visit, the team interacted with 51 children in various NCLP schools of Bellary District, who
informed they had worked in float-ore mines along with their parents. In the year 2007 also,
a spot investigation team from the Commission had found 9 children working in float-ore
mines. The Commission vide its le�er dated 20 May 2010 sent a list of children (129+167+51+9)
who had reportedly been working in float-ore mines to the Government of Karnataka with a
direction to recover an amount of Rs.20,000/- each from the concerned employer in accordance
with the directions of the Supreme Court in M.C. Mehta’s case.
4.249 A status report dated 24 July 2010, regarding rehabilitation of the child labourers was
received from the Labour Department, Government of Karnataka. Upon consideration of the
report, the Commission observed rehabilitation had been given a narrow meaning by the State
Government. It has a monetary aspect as well. The process of rehabilitation of child labourer
cannot be complete unless some monetary relief is also given so as to dissuade the parents
from sending their children for labour. Moreover, there is no reason to disbelieve the report
of the NHRC Investigation Team. The term “potential labour” which has been coined by the
Labour Department of the State Government cannot be applicable in the case of children who
were working with their parents in float-ore mines. Even with regard to the 167 child labourers
who were admi�edly found working with 123 employers in float-ore digging areas of Hospet
and Sandur, the approach of the State Government had been lethargic. It failed to understand
the reasons behind non-recovery of Rs.20,000/- for each child from the delinquent employers in
56
NHRC