V.
RIGHTS OF THE VULNERABLE
There is no State in the world where some are not more equal than others. lndia
5.1
is no exception. Viewing the country in all of its complexity, the Commission believes
it has a special and inescapable responsibility to protect those who are the most
vulnerable: dalits and scheduled tribes; women and children, especially the girl child;
the disabled; those victimized for reasons af religion or language; and those weighed
down by economic and social-tradition or, ironically, marginalized by "growthnand
change. In all af such cases and more, whether it acts on the basis of individual
complaints or under its broad mandate to promote and protect human rights, the
Commission has viewed its role as that of an "Equalizer": adding its weight on behalf
of the vulnerable, so that the scales of justice and equity may be more evenly balanced
for them, so that some may cease to be less equal than others.
In the section that follows, an outline is provided of some of the major efforts
5.2
of the Commission, in the year just ended, to heighten awareness of the problems facing
vulnerable groups, and to be of assistance to them.
El [
CHILD U B O U R
No economic or social issue has been of such compelling concern to the<
5.3
Commission as the persistence, fifty years after Independence, of widespread child
labour in our country. It prevails, despite articles 23, 24, 39(e) & (f), 41, 45 and 47
of the Constitution and despite the passing of 12 Acts on the subject between ,1948
and 1986. It has defied the terms of 6 Conventions of the International Labour
Organization to which lndia is a party, and the Conventiondon the,Rights of the Child,
in addition. Despite the announcement of'a National child Labour Policy in 1987, the
subsequent constitution of a National Authority for the Elimination of Child Labour
(NAECL) and the undertaking of National Child Labour Projects (NCLP) in an increasing
number of-areas of our country, the goal of ending child labour remains elusive, even
in respect of the estimated 2 million children working in hazardous industries who were
to be freed from such tyranny by the year 2000.
5.4
The inabitity to radically alter the situation, despite the Constitution, the laws and
treaty commitments, shows the limitation of such means when it comes to resolving
deep-rooted social and economic problems, for these must be followed by comprehensive and practical measures on the ground. Yet fidelity to the provisions of the
Constitution and law, the closing of loop-holes and rigorous and honest implementation
are essential if progress is-to be made.