Legal framework:•
Article 21: …
Right to Life.
•
Article 24 -”prohibition of employment of children in factories, etc No child below the age of fourteen years shall be employed to work in
any factory or mine or be engaged in any hazardous employment”
Directive Principles of State Policy
Article 39 … (e) … the tender age of children are not abused… and
not forced by economic necessity to work which is unsuited to their age or
strength; (f) that children are given opportunities and facilities to develop
in a healthy manner and in conditions of freedom and dignity and that
childhood…protected against exploitation and against moral and material
abandonment.
National Legislation for protecting children from child labour:-
Child labour (Prohibition and Regulation) Act 1986.
-
The Factories Act 1948.
The court in M.C.Mehta v. State of T.N noted that menace of child labour
was widespread. Therefore, it issued wide ranging directions in the context
of employment and exploitation of children in Sivakasi prohibiting
employment of children below the age of 14 and making arrangements for
their education by creating a fund and providing employment to the parents
or abled bodied adults in the family. These directions were reiterated in
Bandhua Mukti Morcha v. Union of India, concerning the employment
of children in carpet weaving industry in India.
The Police Officers are expected to take timely and suitable action in each
of such reported incidents, particularly if, the child labourer belongs to
the weaker sections of the society. The Commission issued guidelines on
Bonded/forced labour and the role of police in one of its recent
publications.30
C. Juveniles and Police
It would be relevant to mention the ambiguity relating to the age of children
under various legislations 30
http://nhrc.nic.in/Publications/guideline_for_police_personnel_on_various_HR_issues
Manual on Human Rights for Police Officers
47