5.5
This is why the Commission greatly welcomes the interventions of the Supreme
Court, for they have served not only to remind the nation of its responsibilities, but also
stimulated tbought and action to deal with this complex problem. Thus, the landmark
decision of the Constitutional Bench of the Court in Unnikrishnan vs State of Andhra
Pradssh (1993-1 SC 645), changed the parameters within which the question of child
labour was subsequently to be considered, setting out as it did that Article 45 of the
Constitution, directing the providing of free and compulsory education for all of the
children of India until completion of the age of 14 years, be treated as an enforceable
Fundamental Right. More recently, the judgement of the Supreme Court, delivered on
10 December 1998 in the case M.C.Mshta vs State of Tamil Nadu (AIR 1987 SC 699)
confirmed the position of the Court in this respect and also provided for a number of
practical steps to end child labour, including:
"
a nation-wide survey of child labour to be completed within 6 months;
the payment of Rs.20,000 by an offending employer, for each child employed
in contravention of the Child Labour (Prohibition and Regulation) Act, 1986,
into a Child Labour Rehabilitation-cum-Development
. .-.
.. Fund;
.- .
,-
,-.
the Stab to see to it that an adult member of the family, whose child
was employed in a hazardous industry, gets a job anywhere, in lieu of the
child;
*
when alternative employment is not provided, the parentlguardian of the
concerned child would be paid every month the income which would be
earned on the corpus, which would be a sum of Rs.25,000 for each child,
every month;
on discontinuation of the employment of the child, hidher education must
be assured in a suitable institution, it being pointed out that Article 45 of the
Constitution mandates free and compulsory education for all children until
they complete the age of 14 years.
5.6
This Commission has consistently argued that the most potent way of dealing
with the question of child labour would be through the provision of free and compulsory
education, as required by Article 45 of the Constitution. Tt4 RtgM e
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