assessment standard.55 Thus, even by some tinkering with the existing laws and policy instruments, the Government may validly claim that it has followed the directives issued by the HCD. In most of the cases, the directives issued by their Lordships stipulate what needs to be done but does not provide for any punishment for their non-compliance. As according to the doctrine of separation of powers, it is the prerogative of the legislature to legislate and the court’s only to interpret the laws, it is understandable that the HCD could not provide for punishment for the non-compliance with its directives. That said, this feature of the judgment is probably its first and foremost limitation as opposed to a statutory law as a tool for the protection and promotion of child workers. Generally, most of the directions have been issued at the Government without mentioning any particular agency of the Government and vesting them with any specific responsibility. Of course, it is for the Government to decide who would do what to implement the directives of the HCD. Hence, just that the directives are not being addressed to any specific agency of the Government cannot in any away absolve the Government of its responsibilities to honour them. However, if specific Government agencies were imposed upon specific obligations relating to domestic works by children, clearly their performance could have been monitored much more easily and that could have helped to ensure their accountability. In some cases, one may be excused for arguing that the directives issued are simply quixotic or too sketchy to engender intended outcomes. For example, in a country like Bangladesh where most of the population do not get any facility for periodic medical check-up, a law demanding that all employers of domestic workers would provide for health check-up of workers at least once in every two months- seems to be a little too far ahead of time. Thus, the jittery attitude or reluctance of the legislators regarding the enactment of a law for implementing this provision can too some extent, be understood. 55 For example, monitoring the cases of violence against the domestic workers and ensuring prosecution of the perpetrators may arguably be achieved simply by setting up monitoring cells to look into this. 15

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