UNIT- IV NOTES OF ILO AND LABOUR LAWS

ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY LABOUR

INTRODUCTION

Forced labour occurs where work or service is exacted by the State or by individuals who have
the will and power to threaten workers with severe deprivations, such as withholding food or
land or wages, physical violence or sexual abuse, restricting peoples’ movements or locking
them up. For example, a domestic worker is in a forced labour situation where the head of a
household takes away identity papers, forbids the worker to go outside and threatens him or her
with, for instance, beatings or non-payment of salary in case of disobedience. The domestic may
also work for an unbearably low wage, but that is another matter. If he or she were free to leave,
this would not amount to forced labour but to exploitation. Another example of forced labour
arises where villagers, whether they want to or not, have to provide substantial help in the
construction of roads, the digging of irrigation channels, etc., and where government
administrators, police officers or traditional chiefs brandish a credible menace if the requisitioned
men, women or children do not turn up. Bonding workers through debts is, in fact, a widespread
form of forced labour in a number of developing countries. Sometimes it originates with a poor
and illiterate peasant pledging labour services to an intermediary or a landowner to work off a
debt over a period of time. Sometimes the obligation is passed on from one family member to
another, even down to children,and from one generation to another. The labour service is rarely
defined or limited in duration, and it tends to be manipulated in such a way that it does not pay
off the debt. The worker becomes dependent on the intermediary or on the landowner and
labours in slave-like conditions. The threat and, indeed, the occurrence of violence or other
penalties for failing to work turns an economic relationship – one-sided as it is to start with – into
a forced labour situation. Labour trafficking can give rise to forced labour. One way in which
traffickers tend to put themselves into a threatening position is to confiscate the identity papers of
the person they move for employment purposes. Another is to trap people through indebtedness
by cash advances or loans. Traffickers may also resort to kidnapping, notably of children. At any
rate, traffickers, the persons linked to them or the employers at the point of destination, give their
victims no choice as to what work to perform and under which conditions. Intimidation can
range from revealing the victim’s illegal status to the police, to physical assault and sexual abuse.

Abolition of Forced Labour Convention (No. 105)

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Adopted: 25 June 1957

Entered into force: 17 January 1959

The General Conference of the International Labour Organisation, Having been convened at
Geneva by the Governing Body of the International Labour Office, and having met in its Fortieth
Session on 5 June 1957, and Having considered the question of forced labour, which is the fourth
item on the agenda of the session, and Having noted the provisions of the Forced Labour
Convention, 1930, and Having noted that the Slavery Convention, 1926, provides that all
necessary measures shall be taken to prevent compulsory or forced labour from developing into
conditions analogous to slavery and that the Supplementary Convention on the Abolition of
Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956, provides for the
complete abolition of debt bondage and serfdom, and Having noted that the Protection of Wages
Convention,1949,provides that wages shall be paid regularly and prohibits methods of payment
which deprive the worker of a genuine possibility of terminating his employment, and Having
decided upon the adoption of further proposals with regard to the abolition of certain forms of
forced or compulsory labour constituting a violation of the rights of man referred to in the
Charter of the United Nations and enunciated by the Universal Declaration of Human Rights,
and Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-seven the
following Convention,which may be cited as the Abolition of Forced Labour Convention, 1957:

Article 1

Each Member of the International Labour Organisation which ratifies this Convention undertakes
to suppress and not to make use of any form of forced or compulsory labour:

(a) as a means of political coercion or education or as a punishment for holding or expressing

political views or views ideologically opposed to the established political, social or economic
system;

(b) as a method of mobilising and using labour for purposes of economic development;

(c) as a means of labour discipline;

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(d) as a punishment for having participated in strikes;

(e) as a means of racial, social, national or religious discrimination.

Article 2

Each Member of the International Labour Organisation which ratifies this Convention undertakes
to take effective measures to secure the immediate and complete abolition of forced or
compulsory labour as specified in Article 1 of this Convention.

Article 3

The formal ratifications of this Convention shall be communicated to the Director-General of the
International Labour Office for registration.

Article 4

1. This Convention shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two
Members have been registered with the Director General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the
date on which its ratification has been registered.

Article 5

1. A Member which has ratified this Convention may denounce it after the expiration of ten
years from the date on which the Convention first comes into force, by an act communicated to
the DirectorGeneral of the International Labour Office for registration. Such denunciation shall
not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article, will be bound for another period of

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ten years and, thereafter, may denounce this Convention at the expiration of each period of ten
years under the terms provided for in this Article.

Article 6

1. The Director-General of the International Labour Office shall notify all Members of the
International Labour Organisation of the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification
communicated to him,the DirectorGeneral shall draw the attention of the Members of the
Organisation to the date upon which the Convention will come into force.

Article 7

The Director-General of the International Labour Office shall communicate to the

Secretary-General of the United Nations for registration in accordance with Article 102 of the
Charter of the United Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding Articles.

Article 8

At such times as it may consider necessary the Governing Body of the International Labour
Office shall present to the General Conference a report on the working of this Convention and
shall examine the desirability of placing on the agenda of the Conference the question of its
revision in whole or in part.

Article 9

1. Should the Conference adopt a new Convention revising this Convention in whole or in part,
then, unless the new Convention otherwise provides:

(a) the ratification by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention,notwithstanding the provisions of Article 5 above,if
and when the new revising Convention shall have come into force;

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(b) as from the date when the new revising Convention comes into force this Convention shall
cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.

Article 10

The English and French versions of the text of this Convention are equally authoritative.

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

CONSTITUTIONAL PROVISIONS FOR ELIMINATION OF ALL FORMS OF

FORCED AND COMPULSORY LABOUR

INTRODUCTION

The Indian laws prohibit slavery and any act which harms the dignity and freedom of a person.
Yet there are people who still view themselves as superior to others. As a result, many people are
forced to do work against their will at cheap rates and millions of women and children become
victims of human trafficking. In 2016, there were 18.3 million people in modern slavery in India
according to the Global Slavery Index. The 2018 Global slavery survey report stated that there
has been a further addition of forced sexual exploitation and child labour in the country.

The Right against exploitation enshrined in Article 23 and 24 of the Indian Constitution
guarantees human dignity and protect people from any such exploitation. Thus, upholding the

principles of human dignity and liberty upon which the Indian Constitution is based.

Prohibition of Traffic in Human Beings and Forced Labour

Clause 1 of Article 23 prohibits the trafficking of human beings, begar any similar form of forced
labour. It also states that any contravention of this provision is punishable by the law. It explicitly
prohibits:
● Human Trafficking: This refers to the sale and purchase of human beings mostly for the
purpose of sexual slavery, forced prostitution or forced labour.
● Begar: This is a form of forced labour which refers to forcing a person to work for no
remuneration.
● Other forms of forced labour: This includes other forms of forced labour in which the
person works for a wage less than the minimum wage. This includes bonded labour
wherein a person is forced to work to pay off his debt for inadequate remuneration, prison
labour wherein prisoners sent in for rigorous imprisonment are forced to work without
even minimum remuneration etc.

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Hence, Article 23 has a very wide scope by ensuring that a person is not forced to do anything
involuntarily. For instance, It forbids a land-owner to force a landless, poor labourer to render
free services. It also forbids forcing a woman or child into prostitution

Peoples Union for Democratic Rights v. Union of India, AIR 1982 SC 1943.
In the case of People’s Union for Democratic Rights v. Union of India, the petitioner was an
organisation formed for the protection of democratic rights. It undertook efforts to investigate the
conditions under which the workmen employed in various Asiad projects were working. This
investigation found out that various labour laws were being violated and consequently public
interest litigation was initiated. In the case issues like labourers not given the minimum
remuneration as mentioned in the minimum wages act, 1948 and unequal income distribution
among men and women were highlighted.

The Supreme Court interpreted the scope of article 23 in the case. The Court held that the word
force within this article has a very wide meaning. It includes physical force, legal force and other
economic factors which force a person to provide labour at a wage less than the minimum wage.
Hence, if a person is forced to provide labour for less than the minimum wage, just because of
poverty, want, destitution or hunger, it would be accounted for as forced labour.

The Court also clarified the meaning of “all similar forms of forced labour” as mentioned in
article 23 of the Constitution of India. It said that not only begar, but all forms of forced labour
are prohibited. This means that it would not matter if a person is given remuneration or not as

long as he is forced to supply labour against his will.

Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328.

In the case of Sanjit Roy v. State of Rajasthan, the state employed a large number of workers for
the construction of a road to provide them relief from drought and scarcity conditions prevailing
in their area. Their employment fell under the Rajasthan Famine Relief Works Employees (
Exemption from Labour Laws) Act, 1964. The people employed for the work were paid less than
the minimum wage, which was allowed in the Exemption Act.

The Court held that the Rajasthan Famine Relief Works Employees (Exemption from Labour
Laws) Act, 1964 is Constitutionally invalid as to the exclusion of the minimum wages act. This
means that minimum wage must be paid to all the people employed by the state for any famine

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relief work, regardless of whether the person is affected by drought or scarcity or not. This is
essential so that the state does not take advantage of the helpless condition of the people affected
by famine, drought etc and upholds that they must be paid fairly for the work into which they put
in effort and sweat, and which provides benefits to the state.

Deena v. Union of India, AIR 1983 SC 1155.

In the case of Deena @ Deena Dayal Etc. v Union of India And Others, it was held that if a
prisoner is forced to do labour without giving him any remuneration, it is deemed to be forced
labour and is violative of Article 23 of the Indian Constitution. This is because the prisoners are
entitled to receive reasonable wages for the labour they did.

Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.

The petitioner, Bandhua Mukti Morcha is an organisation waging a battle against the horrendous
system of bonded labour. In the case of Bandhua Mukti Morcha v. Union of India, the
organisation sent a letter to Justice Bhagwati and the Court treated it as a Public Interest
Litigation. The letter contained its observations based on a survey it conducted of some stone
quarries in the Faridabad district where it was found that these contained a large number of
workers working in “inhuman and intolerable conditions”, and many of them were forced
labourers.

The Court laid down guidelines for determination of bonded labourers and also provided that it is
the duty of the state government to identify, release and rehabilitate the bonded labourers. It was
held that any person who is employed as a bonded labour is deprived of his liberty. Such a
person becomes a slave and his freedom in the matter of employment is completely taken away
and forced labour is thrust upon him. It was also held that whenever it is shown that a worker is
engaged in forced labour, the Court would presume he is doing so in consideration of some
economic consideration and is, therefore, a bonded labour. This presumption can only be
rebutted against by the employer and the state government if satisfactory evidence is provided
for the same.

Compulsory service for public purposes

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Article 23, clause 2 of the Constitution states that this article does not prevent the state to impose
compulsory services for public purposes. It also states that while doing this, the state must not
make any discrimination on grounds of religion, race, caste, class or any of them.

Hence, though article 23 disallow any form of forced labour, it permits the state to engage in
conscription (impose compulsory services upon people for public purposes). However, while
imposing services upon people for state services the state must take care to not discriminate on
grounds of religion, race, caste or class.

Dulal Samanta v. D.M., Howrah, AIR 1958 Cal. 365

In the case of Dulal Samanta v. D.M., Howrah, the petitioner was served with a notice appointing
him as a special police officer for a period of three months. He complained that this violated his
fundamental right as it results in “forced labour”

The Court disregarded his appeal and held that conscription for services of police cannot be
considered as either:
(i) beggar; or
(ii) traffic in human beings; or
(iii) any similar form of forced labour.

Hence, the notice given for the appointment of a person as a special police officer is not in
prohibition to Article 23.

Prohibition of employment of children in factories,

Child labour is an inhumane practice which takes away the opportunity of having a normal
childhood from the children. It hampers their growth and mental well being of children. It also
disables them from having normal fun-filled childhood.

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Article 39 of the Constitution states that it is the duty of the state to ensure that the tender age of
children is not abused and that they are not forced by economic necessity to enter into fields of
work where they are forced to provide labour which is unsuitable to their age and strength
Article 24 states that any child under the age of fourteen years can not be employed as a worker
in any factory or be engaged in any other hazardous employment.

Hence it prohibits the employment of children under the age of 14 years in dangerous or
unhealthy conditions which could harm their mental and physical strength.

People’s Union for Democratic Rights v. Union of India, AIR 1983 SC 1473

In the case of People’s Union for Democratic Rights v. Union of India, the petitioner observed
the conditions in which the workers employed in various Asiad projects were working. It was
observed that children under the age of fourteen had been employed. It was however contended
that such employment was not against the Employment of Children Act, 1938 since the act did
not list the construction industry as a hazardous industry.

The Court held that the construction work falls in the field of hazardous employment. Thus,
children under the age of fourteen must not be employed in the construction work even though it
has not been mentioned explicitly under the Employment of Children Act 1938. The Court also
advised the state government to amend the schedule and change the omission to include the
construction industry into the list of hazardous industries.

M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699

In the case of M.C. Mehta v. State of Tamil Nadu, Shri MC Mehta undertook to invoke Article
32, enabling the Court to look into the violation of fundamental rights of children guaranteed to

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them under Article 24. Sivakasi was considered as a big offender who was employing many
child labourers. It was engaged in the manufacturing process of matches and fireworks. This, the
Court observed, qualified as a hazardous industry. Thus employing children under the age of 14
years in this industry is prohibited.

The Court reaffirmed that children below the age of fourteen must not be employed in any
hazardous industry and it must be seen that all children are given education till the age of 14
years. The Court also considered Article 39(e) which says that the tender age of children must
not be abused and they must be given opportunities to develop in a healthy manner. In light of
this, the Court held that the employer Sivakasi must pay a compensation of Rs. 20000 for
employing children in contravention to Child Labour (Prohibition and Regulation) Act, 1986.

Conclusion
The stronger have exploited the weak since ancient ages. In India as well the practice of
exploitation is largely present. There are many areas in the country where “untouchables” were
being exploited in several ways by the higher castes and richer classes. For instance, in many
industries in India like brick kilns,Carpet weaving, embroidery etc, many Bangladeshi and
Nepali migrants are being subjected to forced labour. This is seen as employers recruit them
through fraud and debt bondage. Such exploitation must be eradicated.

Also, Child labour is a bane for the nation. It is a shameful practise which harms the welfare and
development of the children as well as the entire nation. India still has approximately 30 million
child labourers. This is horrifying and It is high time to eradicate this horrible practice and
punish the offenders.

CONTRACT LABOUR ACT, 1970

*SUGGESTED READING – S.N. MISHRA

CONTRACT LABOUR- CONCEPT, SCOPE AND DIMENSIONS

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The term ‘contract labour’ is used to denote different kinds of employment relationships, yet
certainly other than the regular employments based on a direct, definite and identifiable
employer-employee relationship. The term has no internationally accepted delineation and this
lack of conceptual clarity generates contradictory interpretations and inhibits the development of
an appropriate protection mechanism for the workers involved1.

The labour may be engaged by an employer either by direct recruitment or through an

intermediary. In first case i.e. direct recruitment, the employee may be engaged on regular basis
or for a fixed term or for a particular project purely on contractual terms, nonetheless, he or she
is the employee of the employer and employment relationship is governed by the rules of the
employer’s enterprise enacted in line with the spirit of the labour legislations of the place in
general, if it is a regular appointment, and by the contract of service, in case of contractual
appointment, howsoever in all cases, subject to the provisions of the Constitution. The second
method of engagement of labour is through the intermediaries known by different names such as
contractors, jobbers, employment agencies, labour brokers etc. In such cases, three parties are
involved-a principal employer (user enterprise) for whom the work is performed, the
intermediary who engages labour to produce a given result for principal employer and the labour
who actually performs such work. There is a triangular employment relationship. It is in this
context, the term ‘contract labour’ is widely used, though with many variants. However, broadly
they may be categorized under two heads-

1. Labour Contracts or Labour-Only-Contracting- In this type of arrangements, the

intermediary supplies labour to principal employer. Generally such labour works at the
site of and under the supervision and control of principal employer. However, the

1 Sanjay Upadhyaya. Policy and Law on Contract Labour in India (New Delhi: Thomson Reuters, 2013) 9.

workers have no direct relationship with the principal employer. The workers are the workers of
the intermediary and remuneration is paid by such intermediary.

2. Service Contracts or Job Contracting- When the intermediary undertakes to produce a

given result to the principal employer in the form of a service rather than mere supply of labour
is known as service contract or job contracting. Service contracts further may be of two types.

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First purely commercial contracts where two business firms come together and one promises to
supply goods or service to the other independently created by his personal skill and tools. The
supplier of such goods or service is not solely dependent on the user enterprises for its
livelihood. The workers employed by such supplier are his workers and they have nothing to do
with the user enterprise. This kind of business arrangements are governed by the commercial
legislations. The second type of job contracts includes the arrangements where work is
performed by individual contractors or sub-contractors whose relationship with the user
enterprise differs from that existing between truly independent businesses2. The work is actually
done by the labourers engaged by such contractor. Such individual workers may normally carry
out certain work or services for the same user enterprise on a permanent or periodical basis and
are, to a certain extent, economically dependent on it3. The user companies may also exercise
control over the performance of services and in spite of their formal independence, the individual
workers actually have a status which is very close to that of a traditional employment24. It is this
kind of arrangements which are covered under the concept of contract labour and need specific
labour legislation.

Thus, the term ‘contract labour’ is used to denote both labour-only-contracting as well as
job-contracting and therefore, becomes ambiguous and difficult to define. For example,
sometimes, job contracting is carried out at the site of the principal employer with the raw
material and tools provided by him and sometimes work is performed in the premises of the
contractors but under the strict supervision and control of the principal employer. This confusion
still persists and the interpretations of various courts may vary in individual circumstances.
However, on the whole, it can be said that there is no direct employer-employee relationship
between the labour and the

2 Sanjay Upadhyaya. Policy and Law on Contract Labour in India (New Delhi: Thomson Reuters, 2013) 10.
3 Ibid.
user enterprise but mediated by one or more parties who actually engage such labour and pay
remuneration to them.

The International Labour Organization has defined contract labour as, “For the purpose of the
proposed convention the term ‘contract labour’ should mean work performed for a natural or
legal person (referred to as a ‘user enterprise’) by a person (referred to as a ‘contract worker’),

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pursuant to a contractual agreement other than a contract of employment with the user enterprise,
under actual conditions of dependency or subordination to the user enterprise, where those
conditions are similar to those that characterize an employment relationship under natural law
and practice”4.

The Contract Labour (Regulation and Abolition) Act, 1970 defines contract labour as, “A
workman shall be deemed to be employed as contract labour in or in connection with the work of
an establishment when he is hired in or in connection with such work by or through a contractor,
with or without the knowledge of the principal employer”.5

Thus, it can be concluded that presence of an intermediary between the user enterprise and the
actual labour, a degree of the labour’s dependency on or subordination to the user enterprise and
yet, no direct employer-employee relationship between them are the core characteristics of the
contract labour system. The scope of the present research work is confined to such kind of
employment relationships only.

REASONS FOR ENGAGEMENT OF CONTRACT LABOUR

The pro-reformists and employers’ associations demand rationalization of labour laws in India.
Among others, they insist on allowing free hand to the entrepreneurs to hire and fire human
resource as and when the business needs it. Employment security measures should be done away
with. Labour should be available on contract basis, at lowest possible wages and without any
commitment to their social security. Following are the major reasons of the immense increase in
engagement of contract labour-

4. Retrieved from http:homepages.iprolink.ch/_fitbb/IFBWW_Campains/ILO Contract_Labour_Con. htm

5. Section 2(1)(b) of the Contract Labour (Regulation and Abolition) Act, 1970.

1. Contract labour system helps to absorb the ever increasing population pressure on the labour
market by creating new employment opportunities such as short term or fixed term work
assignments and allied services to the main business activities.

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2. It makes the availability of labour easy and flexible. It helps the employer to terminate the
services of the labour as per the requirements of the business to sustain competitiveness.

3. It helps to keep the wage bills low.

4. It enables the employers to avoid their accountabilities under the different labour legislations
such as compensation for lay-offs and retrenchments and social security schemes as contract
workers are not practically accessible to these benefits, the claim for which is generally based on
long term employeremployee relationship.

5. It keeps the overhead costs low and relieves the employer from maintaining a big centralized
establishment. The employers can avail the benefits of specialization.

6. Contract workers do not unite to fight for their causes. They are usually standing in
competition with each other. They are often afraid of losing jobs. It weakens the labour solidarity
in general. Employers justify it saying that it avoids industrial unrest and consequential losses.

7. The unwillingness to perform less skilled jobs on the part of educated youth is also said to be a
reason for the increase in contract labour system.

8. Migration of people to developing regions is also one of the causes of increase in contract
labour. Migrants put extra pressure on the labour market in industrial sector to the disadvantage
of the local labour.

9. The efficiency of contract labourers is claimed to be higher than regular workers who are
usually ill motivated to show excellence at work. Insecurity of employment is deemed to
promote work culture.

10. The failure of public sector and less motivation of Government employees for work has led
to increased use of contract workers in Government departments and public undertakings. It
encourages the unrestricted use and abuse of contract labour in private enterprises. It is also one
of the major reasons why the Government is reluctant to amend the labour laws to protect
contract labour as it itself employs contract labour at a very large scale

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PROBLEMS OF CONTRACT LABOURERS

Problems of contract workers are quite peculiar ones because there is a triangular employment
relationship. The basis to establish labour rights is the employer-employee relationship which is
a quite complex phenomenon in case of contract labour. Some of the problems which are
categorically faced by contract workers are as under-

1. Inadequate Remuneration: Various studies have revealed that contract labourers are not paid
even the minimum wages fixed under the Minimum Wages Act, 1948. No Value added Dearness
Allowance (VDA) is paid to contract workers. VDA represents the rise in cost of living index
numbers. Contract workers are less educated and unaware about their rights to minimum wages
and contractors in connivance with principal employers, take benefit of this situation.

2. Discrimination at Workplace: The workers having permanent status receive much higher
wages, allowances and amenities than the contract workers doing the very same work. Reports of
various Standing Labour Committees, Tripartite Committees and research works have expressed
deep concern over this issue. A difference of wages, working conditions and other amenities
between regular and contract workers weakens the labour solidarity at workplace.

3. Inadequate Social Security Provisions: Social security systems provide for basic income in
case of unemployment, illness and injury, old age and retirement, invalidity, family
responsibilities such as pregnancy and childcare, and loss of the family breadwinner6. Art 41 of
the Constitution of India directs the state to provide public assistance to its citizens in case of
unemployment, old age, sickness and disablement within the limits of its economic capacity and
development. Social security benefits are important not only for individual workers and their

6. Anita M. Jalisatgi, "Social Security Protection to Unorganized Workers in India - Long Road to Tread",
Karnataka Law Journal, Vol. 4, No.4 (July, 2012) 34.

families but also for their communities as a whole providing health care; income security and
social welfare enhance productivity and contributes to the development of the country. The
provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, The
Employees State Insurance Act, 1948 and The Employees Compensation Act, 2010 are
applicable to workers employed through contractors but in practice, no such contributions are

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being paid by employers. Many a times, deductions are made from the wages for contribution to
social security schemes but they are not deposited into the social security account of labourers.
Poor and illiterate contract workers are not provided with any account number in their names.
They are unaware of their rights under social security legislations.

4. Poor Working Conditions: The definition of "worker" under section 2 (1) of the Factories
Act, 1948 includes workers employed by or through an agency (including a contractor) with or
without the knowledge of the principal employer. Therefore, contract workers are also entitled to
all the benefits available to workers under the Factories Act, 1948 including those relating to
weekly holidays, overtime wages, compensatory holidays, leave with wages etc. But in practice,
the working conditions of contract workers are poor. They are not given any paid holidays. The
working conditions at the site of contractor's premises are quite unsatisfactory.

5. Lack of Judicial Access: Under the Contract Labour (Regulation and Abolition) Act, 1970,
majority of the powers are vested with the executive organ of the Government. Appropriate
Government is empowered to fix minimum wages, issue licenses to principal employers and
contractors and abolition of contract labour in certain circumstances, and to ensure
implementation of the Act through Labour Commissioners. The contract workers are left on the
mercy of executive action. Until and unless some fundamental questions are raised in the dispute
such as when the contract between the contractor and principal employer is bogus one, contract
workers cannot seek any judicial remedy in the ordinary courts of law or labour courts under the
Industrial Disputes Act, 1947.

In addition to the above stated problems, various other typical problems are faced by migrant
workers, women workers and their children due to poor implementation of the Act. There is lack
of sincerity on the part of the industrial relations machinery and policy makers in ensuring
compliance of the barest minimum of the legislation.

LEGAL PROTECTION TO CONTRACT LABOUR IN INDIA

The legislature of India had a vigilant eye on the matter when it went on to enact the first
regulation on contract labour named as Contract Labour (Regulation and Abolition) Act, 1970.
This enactment is still the key legislation regulating contract labour in India.

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The Contract Labour (Regulation and Abolition) Act, 1970

The Contract Labour (Regulation and Abolition) Act 1970 (hereinafter named as the Act) has
been exclusively passed to protect and safeguard the interests of contract labourers in India. A
contract labourer is defined in the Act as one who is hired in or in connection with the work of an
establishment by or through a contractor, with or without the knowledge of principal employer.
(Section 2(1)(b)). A principal employer is the person who has authorized control over the
establishment whereas a contractor is a person who procures labour for the user enterprise and
includes a sub-contractor. Contract labour system covered under the Act includes both labour
contracts as well as job contracts.

Objects of the Act

As per the object clause of the Act, this is an Act to regulate the employment of contract labour
in certain establishments and to provide for its abolition in certain circumstances and for matters
connected therewith. It is clear that the legislature did not feel it expedient to completely do
away with contract labour, since there are several fields of employments where engagement of
contract labour becomes necessary in the interest of the industry. The Act seeks to fulfill the
following objectives-

1. Affording security to the labourers in consonance with the objectives of a socialist economic
model.

2. Affording equal treatment and security to all labourers, be it employees of an industry or

contract labourers.

3. Curbing of exploitation of contract labourers.

Salient Features of the Act

Following are some important features of the Act-

1. The Act has been enacted to regulate the employment of contract labour in certain
establishments and to provide for its abolition in certain circumstances. Thus, the Act does not

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provide for absolute prohibition on contract labour system rather it retains the system with some
regulations.

2. The Act is applicable to every establishment in which twenty or more workmen are employed
or were employed on any day of preceding twelve months as contract labour. Every contractor
who employs or who employed on any day of the preceding twelve months, twenty or more
contract workers, is subject to the provisions of this Act. This Act is not applicable if the work is
of casual or intermittent nature unless the work in case of intermittent nature is performed for
more than one hundred and twenty days in the preceding twelve months or if the work is of
seasonal character and is performed for more than sixty days in a year.

3. The Act provides for the setting up of Central Advisory Contract Labour Board by the Central
Government in Central sphere and State Advisory Contract Labour Board by the State
Governments to advice upon the matters arising out of the administration of the Act.

4. The principal employer is required to be registered and the contractor is required to have
license in order to execute any work through contract workers, as provided under the Act. The
work undertaken to be done must be under and in accordance with the conditions of license, for
example, conditions relating to fixation of wages, hours of work and other facilities and
amenities prescribed by the Rules made under the Act.

5. There are certain welfare provisions in the Act and the Central Rules made there under
regarding the provisions of canteens, restrooms, sufficient drinking water supply, latrines and
urinals, washing facilities and first aid facilities for the contract workers. The primary duty is
cast upon the contractor and in case of default; the principal employer is liable to provide the
same.

6. Wages are required to be disbursed by the contractor in the presence of the authorized
representative of the principal employer. If the contractor fails to pay wages either in part or in
full, the principal employer is liable to pay the same. Same wages and service conditions will be
applicable to contract worker as well as regular worker in case same or similar kind of work is
performed.

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7. The penal provision for the employment of contract labour in contravention of the provisions
of the Act provides for punishment of imprisonment for a term extendable up to 3 months or fine
up to a maximum of one thousand rupees or both.

8. Apart from the regulatory provisions, section 10 of the Act enables the Appropriate
Government to prohibit employment of contract labour, by notification, in any establishment or
in any process, operation or other work. Before issuing such notification, consultation is to be
done with the respective Advisory Board. Sub-section (2) of section 10 provides necessary
guidelines in this regard. The appropriate Government should decide upon the matter after taking
following guidelines into account-

1. Whether the work is incidental or necessary for the work of an establishment?

2. Whether the work is sufficient to employ a considerable number of whole time workmen?

3. Whether the work is being done ordinarily through regular workmen in that establishment or
in a similar establishment?

4. Conditions of work and benefits provided to the contract labour where the work is of perennial
nature.

There are Central Rules named as the Contract Labour (Regulation and Abolition) Central Rules,
1971 and state level rules, for example, in Punjab, The Punjab Contract Labour (Regulation and
Abolition) Rules, 1973. These Rules further clarify the provisions of the Act and thereby help in
safeguarding interests of contract workers. There are some other labour laws which are
applicable to contract labourers also, such as, Employees Provident Funds and Miscellaneous
Provisions Act, 1952, Employees State Insurance Act, 1948, Employees Compensation Act,
1923, The Minimum Wages Act, 1948, the Factories Act, 1948 and to some extent the Industrial
Disputes Act, 1947 also.

In the case of Standard Vacuum Refining Company v. Its Workmen AIR 1961 SC 895, the
guidelines issued by the honorable Supreme Court emphasized on special attention to the
problems of contract labourers. The issue in the case was with regard to an award of the

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Industrial Tribunal which was in favour of workmen considering demand made by the union for
abolition of contractual system of work, cleaning and maintenance of machinery. Employer
challenged the award raising issues whether such dispute constitutes an Industrial Dispute under
section 2 (k) of The Industrial Disputes Act, 1947 and justifiability of the tribunal in interfering
with the management's rights. The Supreme Court, negating the contentions of the employer,
observed that contract labour system is primitive and baneful. The Court directed the company to
discontinue the practice of contract labour and to have the work done through workmen engaged
by it.

After the enactment of Contract Labour (Regulation and Abolition) Act, 1970, the courts used to
make orders for the abolition of contract labour but not any specific relief was granted in favour
of the contract labourers. In Gujrat Electricity Board v. Hind Mazdoor Sabha and Others
AIR 1995 SC 1893, Supreme Court held that it is only the Appropriate Government to decide
whether the system of contract labour should be abolished or not. The Act is silent on the issue
of status of workman after the abolition of contract labour system in an establishment i.e.
whether it will amount to automatic absorption of the already working contract labourers or it
will have the effect of throwing them away from the workplace.

In the case of Air India Statutory Corporation v. United Labour Union, 1997 (9) SCC 377
Supreme Court clearly ordered in favour of automatic absorption of contract labour on abolition
of contract labour system under section 10 and held that contract workers can avail of the remedy
under Art.226 of the Constitution also. Thus, a writ or an order may be passed by a High Court
or the Supreme Court to direct the employer to absorb or re-employ the already working contract
labourers in preference to the new applicants.

The doors of judiciary which were opened in Air India Case were shut down in The Steel
Authority of India Ltd. v. National Union for Waterfront Workers. (2001) 7 SCC 1.
Supreme Court overruled the judgment of Air India Case and prospectively held that there
cannot be any automatic absorption of the workmen of the contractor if the contract labour
system is abolished. Afterwards in Cipla Ltd v. Maharashtra General Kamgar 2001 CLR
1754 SC , Court denied relief on the ground that employer-employee relationship could not be

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established. Employer-employee relationship is quite difficult to prove in contractual

employments entered by or through contractors.

The Contract Labour (Regulation and Abolition) Act, 1970 and the Central Rules made there
under have been in force for more than four decades but the conditions of contract labourers are
becoming worse to worst in the changed economic realities. The Act has failed to achieve its
desired objectives. Even the interpretation of its provisions by the Supreme Court and various
High Courts are now being used for purposes contrary to the objectives of the Act. Its
implementation has not been satisfactory

PROTECTION AND WELFARE OF CHILDREN - EFFECTIVE ABOLITION OF

CHILD LABOUR

INTRODUCTION

Children enjoy the same human rights accorded to all people. But, lacking the knowledge,
experience or physical development of adults and the power to defend their own interests in an

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adult world, children also have distinct rights to protection by virtue of their age. One of these is
protection from economic exploitation and from work that is dangerous to the health and morals
of children or hampers the child’s development. The principle of the effective abolition of child
labour means ensuring that every girl and boy has the opportunity to develop physically and
mentally to her or his full potential. Its aim is to stop all work by children that jeopardizes their
education and development. This does not mean stopping all work performed by children.
International labour standards allow the distinction to be made between what constitutes
acceptable and unacceptable forms of work for children at different ages and stages of
development. The principle extends from formal employment to the informal economy where the
bulk of the unacceptable forms of child labour are found. It covers family-based enterprises,
agricultural activities, domestic service and unpaid work carried out under various customary
arrangements such as children working in return for their keep. To achieve the effective abolition
of child labour, governments should fix and enforce a minimum age or ages at which children
can enter into different types of work. Within limits, these ages may vary according to national
social and economic circumstances. However, the general minimum age for admission to
employment should not be less than the age of completion of compulsory schooling and never be
less than 15 years. In some instances, developing countries may make exceptions to this, and a
minimum age of 14 years may be applied where the economy and educational facilities are
insufficiently developed. Certain types of work categorized as “the worst forms of child labour”
are totally unacceptable for all children under the age of 18 years, and their abolition is a matter
for urgent and immediate action. These forms include such inhumane practices as slavery,
trafficking, debt bondage and other forms of forced labour; prostitution and pornography; forced
recruitment of children for military purposes; and the use of children for illicit activities such as
the trafficking of drugs. Dangerous work that can harm the health, safety or morals of children
are subject to assessment by governments in consultation with workers’ and employers’
organizations. A key characteristic of any effective strategy to abolish child labour is the
provision of relevant and accessible basic education. However, education must be an integral part
of a wide range of measures that combat many factors, such as poverty, lack of awareness of
children’s rights and inadequate systems of social protection, that give rise to child labour and
allow it to persist.

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Minimum Age Convention (No. 138)

Adopted: 26 June 1973

The General Conference of the International Labour Organisation, Having been convened at
Geneva by the Governing Body of the International Labour Office, and having met in its
Fifty-eighth Session on 6 June 1973, and Having decided upon the adoption of certain proposals
with regard to minimum age for admission to employment, which is the fourth item on the
agenda of the session, and Noting the terms of the Minimum Age (Industry) Convention, 1919,
the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921,
the Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age (NonIndustrial
Employment) Convention, 1932, the Minimum Age (Sea) Convention (Revised),1936,the
Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial
Employment) Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959,
and the Minimum Age (Underground Work) Convention, 1965, and Considering that the time
has come to establish a general instrument on the subject, which would gradually replace the
existing ones applicable to limited economic sectors, with a view to achieving the total abolition
of child labour, and Having determined that these proposals shall take the form of an
international Convention, adopts this twenty-sixth day of June of the year one thousand nine
hundred and seventy-three the following Convention, which may be cited as the Minimum Age
Convention, 1973:

Article 1

Each Member for which this Convention is in force undertakes to pursue a national policy
designed to ensure the effective abolition of child labour and to raise progressively the minimum
age for admission to employment or work to a level consistent with the fullest physical and
mental development of young persons.

Article 2

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

1. Each Member which ratifies this Convention shall specify, in a declaration appended to its
ratification, a minimum age for admission to employment or work within its territory and on
means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one
under that age shall be admitted to employment or work in any occupation.

2. Each Member which has ratified this Convention may subsequently notify the
Director-General of the International Labour Office, by further declarations, that it specifies a
minimum age higher than that previously specified.

3. The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than
the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.

4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose economy and
educational facilities are insufficiently developed may,after consultation with the organisations of
employers and workers concerned, where such exist, initially specify a minimum age of 14
years.

5. Each Member which has specified a minimum age of 14 years in pursuance of the provisions
of the preceding paragraph shall include in its reports on the application of this Convention
submitted under Article 22 of the Constitution of the International Labour Organisation a
statement:

(a) that its reason for doing so subsists; or,

(b) that it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

1. The minimum age for admission to any type of employment or work which by its nature or
the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of
young persons shall not be less than 18 years.

2. The types of employment or work to which paragraph 1 of this Article applies shall be
determined by national laws or regulations or by the competent authority, after consultation with
the organisations of employers and workers concerned, where such exist.

3. Notwithstanding the provisions of paragraph 1 of this Article, national laws or regulations or

the competent authority may, after consultation with the organisations of employers and workers
concerned, where such exist, authorise employment or work as from the age of 16 years on
condition that the health, safety and morals of the young persons concerned are fully protected
and that the young persons have received adequate specific instruction or vocational training in
the relevant branch of activity.

Article 4

1. In so far as necessary, the competent authority, after consultation with the organisations of
employers and workers concerned, where such exist, may exclude from the application of this
Convention limited categories of employment or work in respect of which special and substantial
problems of application arise.

2. Each Member which ratifies this Convention shall list in its first report on the application of
the Convention submitted under Article 22 of the Constitution of the International Labour
Organisation any categories which may have been excluded in pursuance of paragraph 1 of this
Article, giving the reasons for such exclusion, and shall state in subsequent reports the position
of its law and practice in respect of the categories excluded and the extent to which effect has
been given or is proposed to be given to the Convention in respect of such categories.

3. Employment or work covered by Article 3 of this Convention shall not be excluded from the
application of the Convention in pursuance of this Article.

Article 5
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UNIT- IV NOTES OF ILO AND LABOUR LAWS

1. A Member whose economy and administrative facilities are insufficiently developed may,
after consultation with the organisations of employers and workers concerned, where such exist,
initially limit the scope of application of this Convention.

2. Each Member which avails itself of the provisions of paragraph 1 of this Article shall specify,
in a declaration appended to its ratification, the branches of economic activity or types of
undertakings to which it will apply the provisions of the Convention.

3. The provisions of the Convention shall be applicable as a minimum to the following: mining
and quarrying; manufacturing; construction; electricity, gas and water; sanitary services;
transport, storage and communication; and plantations and other agricultural undertakings
mainly producing for commercial purposes, but excluding family and small-scale holdings
producing for local consumption and not regularly employing hired workers.

4. Any Member which has limited the scope of application of this Convention in pursuance of
this Article:

(a) shall indicate in its reports under Article 22 of the Constitution of the International Labour
Organisation the general position as regards the employment or work of young persons and
children in the branches of activity which are excluded from the scope of application of this
Convention and any progress which may have been made towards wider application of the
provisions of the Convention;

(b) may at any time formally extend the scope of application by a declaration addressed to the
Director-General of the International Labour Office.

Article 6

This Convention does not apply to work done by children and young persons in schools for
general, vocational or technical education or in other training institutions, or to work done by
persons at least 14 years of age in undertakings, where such work is carried out in accordance
with conditions prescribed by the competent authority, after consultation with the organisations
of employers and workers concerned, where such exist, and is an integral part of:

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

(a) a course of education or training for which a school or training institution is primarily
responsible;

(b) a programme of training mainly or entirely in an undertaking, which programme has been
approved by the competent authority; or,

(c) a programme of guidance or orientation designed to facilitate the choice of an occupation or

of a line of training.

Article 7

1. National laws or regulations may permit the employment or work of persons 13 to 15 years of
age on light work which is:

(a) not likely to be harmful to their health or development; and,

(b) not such as to prejudice their attendance at school, their participation in vocational orientation
or training programmes approved by the competent authority or their capacity to benefit from the
instruction received.

2. National laws or regulations may also permit the employment or work of persons who are at
least 15 years of age but have not yet completed their compulsory schooling on work which
meets the requirements set forth in subparagraphs (a) and (b) of paragraph 1 of this Article.

3. The competent authority shall determine the activities in which employment or work may be
permitted under paragraphs 1 and 2 of this Article and shall prescribe the number of hours during
which and the conditions in which such employment or work may be undertaken.

4. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, a Member which has
availed itself of the provisions of paragraph 4 of Article 2 may, for as long as it continues to do
so, substitute the ages 12 and 14 for the ages 13 and 15 in paragraph 1 and the age 14 for the age
15 in paragraph 2 of this Article.

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Article 8

1. After consultation with the organisations of employers and workers concerned, where such
exist, the competent authority may, by permits granted in individual cases, allow exceptions to
the prohibition of employment or work provided for in Article 2 of this Convention, for such
purposes as participation in artistic performances.

2. Permits so granted shall limit the number of hours during which and prescribe the conditions
in which employment or work is allowed.

Article 9

1. All necessary measures, including the provision of appropriate penalties, shall be taken by the
competent authority to ensure the effective enforcement of the provisions of this Convention.

2. National laws or regulations or the competent authority shall define the persons responsible
for compliance with the provisions giving effect to the Convention.

3. National laws or regulations or the competent authority shall prescribe the registers or other
documents which shall be kept and made available by the employer; such registers or documents
shall contain the names and ages or dates of birth, duly certified wherever possible, of persons
whom he employs or who work for him and who are less than 18 years of age.

Article 10

1. This Convention revises, on the terms set forth in this Article, the Minimum Age (Industry)
Convention, 1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture)
Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum
Age (Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea) Convention
(Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age
(NonIndustrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen)
Convention, 1959, and the Minimum Age (Underground Work) Convention, 1965.

2. The coming into force of this Convention shall not close the Minimum Age (Sea) Convention
(Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

(Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen)

Convention, 1959, or the Minimum Age (Underground Work) Convention, 1965, to further
ratification.

3. The Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920,
the Minimum Age (Agriculture) Convention, 1921, and the Minimum Age (Trimmers and
Stokers) Convention,1921,shall be closed to further ratification when all the parties thereto have
consented to such closing by ratification of this Convention or by a declaration communicated to
the Director-General of the International Labour Office.

4. When the obligations of this Convention are accepted:

(a) by a Member which is a party to the Minimum Age (Industry) Convention (Revised), 1937,
and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this
Convention, this shall ipso jure involve the immediate denunciation of that Convention;

(b) in respect of non-industrial employment as defined in the Minimum Age (Non-Industrial

Employment) Convention, 1932, by a Member which is a party to that Convention, this shall
ipso jure involve the immediate denunciation of that Convention;

(c) in respect of non-industrial employment as defined in the Minimum Age (Non-Industrial

Employment) Convention (Revised), 1937, by a Member which is a party to that Convention,
and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this
Convention, this shall ipso jure involve the immediate denunciation of that Convention;

(d) in respect of maritime employment, by a Member which is a party to the Minimum Age
(Sea) Convention (Revised), 1936, and a minimum age of not less than 15 years is specified in
pursuance of Article 2 of this Convention or the Member specifies that Article 3 of this
Convention applies to maritime employment ,this shall ipso jure involve the immediate
denunciation of that Convention;

(e) in respect of employment in maritime fishing, by a Member which is a party to the Minimum
Age (Fishermen) Convention,1959,and a minimum age of not less than 15 years is specified in
pursuance of Article 2 of this Convention or the Member specifies that Article 3 of this

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

Convention applies to employment in maritime fishing, this shall ipso jure involve the immediate
denunciation of that Convention;

(f) by a Member which is a party to the Minimum Age (Underground Work) Convention, 1965,
and a minimum age of not less than the age specified in pursuance of that Convention is
specified in pursuance of Article 2 of this Convention or the Member specifies that such an age
applies to employment underground in mines in virtue of Article 3 of this Convention, this shall
ipso jure involve the immediate denunciation of that Convention, if and when this Convention
shall have come into force.

5. Acceptance of the obligations of this Convention:

(a) shall involve the denunciation of the Minimum Age (Industry) Convention, 1919, in
accordance with Article 12 thereof;

(b) in respect of agriculture shall involve the denunciation of the Minimum Age (Agriculture)
Convention, 1921, in accordance with Article 9 thereof;

(c) in respect of maritime employment shall involve the denunciation of the Minimum Age (Sea)
Convention, 1920, in accordance with Article 10 thereof, and of the Minimum Age (Trimmers
and Stokers) Convention, 1921, in accordance with Article 12 thereof, if and when this
Convention shall have come into force.

Article 11

The formal ratifications of this Convention shall be communicated to the Director-General of the
International Labour Office for registration.

Article 12

1. This Convention shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two
Members have been registered with the Director-General.

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

3. Thereafter, this Convention shall come into force for any Member twelve months after the date
on which its ratification has been registered.

Article 13

1. A Member which has ratified this Convention may denounce it after the expiration of ten
years from the date on which the Convention first comes into force, by an act communicated to
the DirectorGeneral of the International Labour Office for registration. Such denunciation shall
not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article, will be bound for another period of
ten years and, thereafter, may denounce this Convention at the expiration of each period of ten
years under the terms provided for in this Article.

Article 14

1. The Director-General of the International Labour Office shall notify all Members of the
International Labour Organisation of the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification
communicated to him, the Director General shall draw the attention of the Members of the
Organisation to the date upon which the Convention will come into force.

Article 15

The Director-General of the International Labour Office shall communicate to the

Secretary-General of the United Nations for registration in accordance with Article 102 of the
Charter of the United Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding Articles.

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Article 16

At such times as it may consider necessary the Governing Body of the International Labour
Office shall present to the General Conference a report on the working of this Convention and
shall examine the desirability of placing on the agenda of the Conference the question of its
revision in whole or in part.

Article 17

1. Should the Conference adopt a new Convention revising this Convention in whole or in part,
then, unless the new Convention otherwise provides:

(a) the ratification by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of Article 13 above,
if and when the new revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes into force this Convention shall
cease to be open to ratification by the Members. 2. This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified it but have not ratified
the revising Convention.

Article 18

The English and French versions of the text of this Convention are equally authoritative.

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Worst Forms of Child Labour Convention (No. 182)

Adopted: 17 June 1999

Entered into force: 19 Nov. 2000

The General Conference of the International Labour Organization, Having been convened at
Geneva by the Governing Body of the International Labour Office, and having met in its 87th
Session on 1 June 1999, and Considering the need to adopt new instruments for the prohibition
and elimination of the worst forms of child labour, as the main priority for national and
international action, including international cooperation and assistance, to complement the
Convention and the Recommendation concerning Minimum Age for Admission to Employment,
1973, which remain fundamental instruments on child labour, and Considering that the effective
elimination of the worst forms of child labour requires immediate and comprehensive action,
taking into account the importance of free basic education and the need to remove the children
concerned from all such work and to provide for their rehabilitation and social integration while
addressing the needs of their families, and Recalling the resolution concerning the elimination of
child labour adopted by the International Labour Conference at its 83rd Session in 1996, and
Recognizing that child labour is to a great extent caused by poverty and that the long-term
solution lies in sustained economic growth leading to social progress, in particular poverty
alleviation and universal education, and Recalling the Convention on the Rights of the Child
adopted by the United Nations General Assembly on 20 November 1989, and Recalling the ILO
Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the
International Labour Conference at its 86th Session in 1998, and Recalling that some of the
worst forms of child labour are covered by other international instruments, in particular the
Forced Labour Convention, 1930, and the United Nations Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956,
and Having decided upon the adoption of certain proposals with regard to child labour, which is
the fourth item on the agenda of the session, and Having determined that these proposals shall
take the form of an international Convention; adopts this seventeenth day of June of the year one
thousand nine hundred and ninety-nine the following Convention, which may be cited as the
Worst Forms of Child Labour Convention, 1999.

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

Article 1

Each Member which ratifies this Convention shall take immediate and effective measures to
secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 2

For the purposes of this Convention, the term “child” shall apply to all persons under the age of
18.

Article 3

For the purposes of this Convention, the term “the worst forms of child labour” comprises:

(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children,
debt bondage and serfdom and forced or compulsory labour,including forced or compulsory
recruitment of children for use in armed conflict;

(b) the use, procuring or offering of a child for prostitution, for the production of pornography or
for pornographic performances;

(c) the use, procuring or offering of a child for illicit activities, in particular for the production
and trafficking of drugs as defined in the relevant international treaties;

(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the
health, safety or morals of children.

Article 4

1. The types of work referred to under Article 3(d) shall be determined by national laws or
regulations or by the competent authority, after consultation with the organizations of employers
and workers concerned, taking into consideration relevant international standards,in particular
Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999.

2. The competent authority, after consultation with the organizations of employers and workers
concerned, shall identify where the types of work so determined exist.

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

3. The list of the types of work determined under paragraph 1 of this Article shall be
periodically examined and revised as necessary,in consultation with the organizations of
employers and workers concerned.

Article 5

Each Member shall, after consultation with employers’ and workers ’organizations, establish or
designate appropriate mechanisms to monitor the implementation of the provisions giving effect
to this Convention.

Article 6

1. Each Member shall design and implement programmes of action to eliminate as a priority the
worst forms of child labour.

2. Such programmes of action shall be designed and implemented in consultation with relevant
government institutions and employers’ and workers’ organizations, taking into consideration the
views of other concerned groups as appropriate.

Article 7

1. Each Member shall take all necessary measures to ensure the effective implementation and
enforcement of the provisions giving effect to this Convention including the provision and
application of penal sanctions or, as appropriate, other sanctions.

2. Each Member shall,taking into account the importance of education in eliminating child
labour,take effective and time-bound measures to:

(a) prevent the engagement of children in the worst forms of child labour;

(b) provide the necessary and appropriate direct assistance for the removal of children from the
worst forms of child labour and for their rehabilitation and social integration;

(c) ensure access to free basic education, and, wherever possible and appropriate, vocational
training, for all children removed from the worst forms of child labour;

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

(d) identify and reach out to children at special risk; and,

(e) take account of the special situation of girls.

3. Each Member shall designate the competent authority responsible for the implementation of
the provisions giving effect to this Convention.

Article 8

Members shall take appropriate steps to assist one another in giving effect to the provisions of
this Convention through enhanced international cooperation and/or assistance including support
for social and economic development, poverty eradication programmes and universal education.

Article 9

The formal ratifications of this Convention shall be communicated to the Director-General of the
International Labour Office for registration.

Article 10

1. This Convention shall be binding only upon those Members of the International Labour
Organization whose ratifications have been registered with the Director-General of the
International Labour Office.

2. It shall come into force 12 months after the date on which the ratifications of two Members
have been registered with the Director General.

3. Thereafter, this Convention shall come into force for any Member 12 months after the date on
which its ratification has been registered.

Article 11

1. A Member which has ratified this Convention may denounce it after the expiration of ten
years from the date on which the Convention first comes into force, by an act communicated to
the DirectorGeneral of the International Labour Office for registration. Such denunciation shall
not take effect until one year after the date on which it is registered.

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2. Each Member which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article,will be bound for another period of
ten years and, thereafter, may denounce this Convention at the expiration of each period of ten
years under the terms provided for in this Article.

Article 12

1. The Director-General of the International Labour Office shall notify all Members of the
International Labour Organization of the registration of all ratifications and acts of denunciation
communicated by the Members of the Organization.

2. When notifying the Members of the Organization of the registration of the second ratification,
the Director-General shall draw the attention of the Members of the Organization to the date
upon which the Convention shall come into force.

Article 13

The Director-General of the International Labour Office shall communicate to the

Secretary-General of the United Nations,for registration in accordance with Article 102 of the
Charter of the United Nations, full particulars of all ratifications and acts of denunciation
registered by the Director-General in accordance with the provisions of the preceding Articles.

Article 14

At such times as it may consider necessary, the Governing Body of the International Labour
Office shall present to the General Conference a report on the working of this Convention and
shall examine the desirability of placing on the agenda of the Conference the question of its
revision in whole or in part.

Article 15

1. Should the Conference adopt a new Convention revising this Convention in whole or in part,
then, unless the new Convention otherwise provides:

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(a) the ratification by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of Article 11 above,
if and when the new revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes into force, this Convention shall
cease to be open to ratification by the Members. 2. This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified it but have not ratified
the revising Convention.

Article 16

The English and French versions of the text of this Convention are equally authoritative.

Convention No. 189 Decent work for domestic workers

Domestic work is work. Domestic workers are, like other workers, entitled to decent work.

On 16 June 2011, the International Labour Conference of the International Labour Organization
adopted the Convention concerning decent work for domestic workers, which is also referred to
as the Domestic Workers Convention, 2011 (No. 189).

What is a Convention of the ILO?

A treaty adopted by the International Labour Conference, which is made up of government,
worker and employer delegates from the 183 member States of the ILO.

What is Convention No. 189 about?

Convention No. 189 offers specifi c protection to domestic workers. It lays down basic rights
and principles, and requires States to take a series of measures with a view to making decent
work a reality for domestic workers.

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UNIT- IV NOTES OF ILO AND LABOUR LAWS

What does it mean to ratify a Convention?

When a country ratifies a Convention, its government formally makes a commitment to
implement all the obligations provided in the Convention, and to report periodically to the ILO
on the measures taken in this regard.

Recommendation No. 201 – how is it related to the Convention?

Domestic Workers Recommendation No. 201, also adopted by the International Labour
Conference of 2011, supplements Convention No. 189. Unlike the Convention, Recommendation
No. 201 is not open for ratifi cation. The Recommendation provides practical guidance
concerning possible legal and other measures to implement the rights and principles stated in the
Convention.

How is the Convention to be implemented?

The Convention may be implemented by extending or adapting existing laws and regulations or
other measures, or by developing new and specifi c measures for domestic workers. Some of the
measures required under the Convention may be taken progressively.

Who is covered by Convention No. 189 ?

What is domestic work?

Convention No. 189 defi nes domestic work as “work performed in or for a household or
households”.

This work may include tasks such as cleaning the house, cooking, washing and ironing clothes,
taking care of children, or elderly or sick members of a family, gardening, guarding the house,
driving for the family, even taking care of household pets.

Who is a domestic worker?

Under the Convention, a domestic worker is “any person engaged in domestic work within an
employment relationship”.

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A domestic worker may work on full-time or part-time basis; may be employed by a single
household or by multiple employers; may be residing in the household of the employer (live-in
worker) or may be living in his or her own residence (live-out). A domestic worker may be
working in a country of which she/he is not a national.

All domestic workers are covered by Convention No. 189, although countries may decide to
exclude some categories, under very strict conditions.

Who is the employer of a domestic worker?

The employer of a domestic worker may be a member of the household for which the work is
performed, or an agency or enterprise that employs domestic workers and makes them available
to households

In implementing the Convention, will workers and employers be consulted?

The provisions of the Convention are to be implemented in consultation with the most
representative workers’ and employers’ organizations (Article 18).

In addition, the Convention requires Governments to consult with the most representative
organizations of employers and workers and, where they exist, with organizations that represent
domestic workers and organizations that represent employers of domestic workers on four
particular matters: (i) identifying categories of workers who would be excluded from the scope
of the Convention; (ii) measures on occupational safety and health; (iii) measures on social
security; and (iv) measures to protect workers from abusive practices by private employment
agencies (Articles 2, 13 & 15).

What can domestic workers do to enjoy the protections offered by Convention No. 189?

Convention No. 189 affi rms the fundamental rights of domestic workers. It sets minimum labour
standards for domestic workers. Domestic workers can:
• organize & mobilize support for the ratifi cation and implementation of the Convention by their
Governments;

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• use the provisions of the Convention and the Recommendation to influence changes in laws and
improve the working and living conditions of domestic workers, regardless of whether or not the
country in which they work has ratified Convention No. 189.

What are the minimum standards set by Convention No. 189 for domestic workers?

Basic rights of domestic workers

• Promotion and protection of the human rights of all domestic workers (Preamble; Article 3).

• Respect and protection of fundamental principles and rights at work:

(a) freedom of association and the effective recognition of the right to collective bargaining;

(b) elimination of all forms of forced or compulsory labour;

(c) abolition of child labour; and

(d) elimination of discrimination in respect of employment and occupation (Articles 3, 4, 11). •

Effective protection against all forms of abuse, harassment and violence (Article 5).

• Fair terms of employment and decent living conditions (Article 6).

Information on terms and conditions of employment

• Domestic workers must be informed of their terms and conditions of employment in an easily
understandable manner, preferably through a written contract (Article 7).

Hours of work

• Measures aimed at ensuring equal treatment between domestic workers and workers generally
with respect to normal hours of work, overtime compensation, periods of daily and weekly rest,
and annual paid leave (Article 10).

• Weekly rest period of at least 24 consecutive hours (Article 10).

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• Regulation of stand-by hours (periods during which domestic workers are not free to dispose of
their time as they please and are required to remain at the disposal of the household in order to
respond to possible calls) (Article 10).

Remuneration

• Minimum wage if a minimum wage exists for other workers (Article 11).

• Payment of wages must be paid in cash, directly to the worker, and at regular interval of no
longer than one month. Payment by cheque or bank transfer – when allowed by law or collective
agreements, or with worker’s consent (Article 12)

• In-kind payment is allowed under 3 conditions: only a limited proportion of total remuneration;
monetary value is fair and reasonable; the items or services given as in-kind payment are of
personal use by and benefi t to the workers. This means that uniforms or protective equipments
are not to be regarded as payment in kind, but as tools that the employer must provide to the
workers at no cost to them for the performance of their duties (Article 12)

. • Fees charged by private employment agencies are not to be deducted from the remuneration
(Article 15).

Occupational safety and health

• Right to safe and healthy working environment (Article 13).

• Measures are put in place to ensure workers’ occupational safety and health (Article 13).

Social security

• Social security protection, including maternity benefi ts (Article 14).

• Conditions that are not less favourable than those applicable to workers generally (Article 14).

Standards concerning child domestic workers

• Requirement to set a minimum age for entry into domestic work (Article 4).

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• Domestic workers aged 15 years old but less than 18 years old – their work should not deprive
them of compulsory education, or interfere with their opportunities for further education or
vocational training (Article 4).

Standards concerning live-in workers

Decent living conditions that respect the workers’ privacy (Article 6).

• Freedom to reach agreement with their employers or potential employers on whether or not to
reside in the household (Article 9).

• No obligation to remain in the household or with its members during their periods of rest or
leave (Article 9).

• Right to keep their identity and travel documents in their possession (Article 9). • Regulation
of stand-by hours (Article 10).

Standards concerning migrant domestic workers

• A written contract that is enforceable in the country of employment, or a written job offer,
prior to traveling to the country of employment (Article 8).

• Clear conditions under which domestic workers are entitled to repatriation at the end of their
employment (Article 8).

• Protection of domestic workers from abusive practices by private employment agencies

(Article 15).

● Cooperation among sending and receiving countries to ensure the effective application of
the provisions of the Convention to migrant domestic workers (Article 8).

Private employment agencies

Measures to be put in place (Article 15):

• regulate of the operation of private employment agencies;

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• ensure adequate machinery for the investigation of complaints by domestic workers;

• provide adequate protection of domestic workers and prevention of abuses, in collaboration

with other Members where appropriate;

• consider concluding bilateral, regional or multilateral agreements to prevent abuses and

fraudulent practices.

Dispute settlement, complaints, enforcement

• Effective access to the court, tribunals or other dispute settlement mechanisms, including
accessible complaint mechanisms (Article 17).

• Measures to be put in place to ensure compliance with national laws for the protection of
domestic workers, including labour inspection measures. In in regard, the Convention recognizes
the need to balance domestic workers’ right to protection and the right to privacy of the
households’ members (Article 17).

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RIGHTS OF THE CHILD: INDIAN PERSPECTIVE

The discussion on the international attempts for the protection of the rights of the child brings
about the question of application of the principles in the municipal sphere, especially when India
is a party to the international resolve to protect the rights of the child. An analysis on the legal
protection of rights of the child in India in the light of the international move, requires a four-fold
exposition of the concept, viz:

i. the constitutional protection

ii. the national policy for children

iii. the legislative frame work

iv. the enforceability of international conventions through Indian courts

(i)Constitutional Protection

Prior to the international conventions and resolutions, the Independent India has formulated in
its Constitution, provisions for the welfare of the children. Before the adoption of the Indian
Constitution itself, the Constitution of India Bill 1895(Home Rule Bill), Commonwealth of India
Bill 1925 and the ‘objective resolution’ adopted by the Constituent Assembly on 22 January
1947 contained provisions meant for the protection of weaker sections1. Starting from the
preamble itself of the Constitution, the unequivocal intention of the State to assure protection to
children can be seen, in either explicit or implied terms. The preamble declares the resolve that
the state will secure to the entire citizenry, which comprises of children also social, economic
and political justice, liberty of thought, expression, belief, faith and worship along with equality
of status and opportunity. The concept of ‘social justice’ enshrined in the preamble can be
interpreted as a compendium of diverse principles essential for the orderly growth and overall
development of personality, which is the foundation of the human rights jurisprudence for
children.
1 See for details, Khwaja Abdul Muntaquim, Protection of Human Rights- National & International Perspectives,
1st edn., Law Publishers India Pvt. Ltd., 2004 at p. 27

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Fundamental Rights

The judicial interpretation of part III of the Constitution paved way to the assurance of protection
of rights of children.

Article 14 guarantees equality before law and equal protection of law to all persons within the
territory of India. Thus nobody including the children should be denied of equality of status,
opportunity and protection.

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, class, and place of
birth or any of them. Article 15(3) which provides for protective discrimination in favour of
children, says:

“Nothing in this Article shall prevent state from making any special provisions for women and
children.”

Thus in explicit terms, Article 15(3) empowers the State to make special provisions for children
as and when it is necessary for the well being of children.2

The right to life in Article 21 encompasses all sections of the society including women and
children. And this right to live with human dignity is available to a child also. In Vikram Deo
Singh Tomar v. State of Bihar,3 the Supreme Court has taken note of the pitiable conditions
prevailing in care homes maintained by the State of Bihar for women and children and has
directed the State to improve matters in these homes and provide at least the minimum living
conditions ensuring human dignity. The court emphasised that India is a welfare state and the
protection in the Constitution of India lays special emphasis on the protection of the weaker
sections of the society including women and children.

Article 21A makes the State duty bound to provide free and compulsory education to all children
below the age of fourteen years,4 incorporating the dictum delivered by the apex judiciary in
Unnikrishnan v. State of A.P.5

2 See, M.P. Jain, Indian Constitutional Law, Vol.1. 5th edn., Wadhwa & Co., Nagpur, 2003 at p. 1060
3 AIR 1988 SC 1782
4 Inserted by the Constitution 86th Amendment, 2002
5 AIR 1993 SC 2178 7 AIR 1984 SC 177 8

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Article 23 speaks of the prohibition of all forms of traffic in human beings and beggar and other
forms of forced labour.

Article 24 specifically prohibits employment of children below the age of 14 years in any
factory, mine or in any other hazardous employment. This provision is incorporated in the
Constitution for the safety of the life of children. In Labourers Working on Salal Hydro
Project v. State of J. & K.,6 the court held that construction work is hazardous employment and
children below 14 years cannot be employed in such type of work. Article 24 makes it obligatory
for the state to protect the economic, social and humanitarian rights of millions of children
working in factories and such other work places.7 But this article does not prohibit the
employment of children in harmless job. It is quite interesting to note that the National
Commission to Review the Working of the Constitution had suggested to add8 a new
fundamental right in Article 24 A as follows:

“ Every child shall have the right to care and assistance in basic needs and protection from all
forms of neglect, harm and exploitation.”

In People’s Union for Democratic Rights v. Union of India,9 it was contented that
‘Employment of Children Act, 1938’ is not applicable in cases of employment of children in the
construction work of Asiad Projects in Delhi. The apex judiciary, rejecting the contention, held
that the construction work is hazardous employment and therefore no child below the age of 14
years can be employed in construction work.

Directive Principles of State Policy

This part of the Constitution, viz., part IV, also clearly provides for policies directed towards the
welfare of the children, as this part has been designed to “strive to promote the welfare of the
people by securing and protecting as effectively…10.

6. AIR 1984 SC 177

7. In line with the constitutional provision many Acts provide for the prohibition of employment of children. For
e.g., The Indian Factories Act, Mines Act, The Merchant Shipping Act, 1958, The Motor Transport Corporation
Act, 1951, The Plantation labour Act, 1951,The Bidi and Cigar Workers (Condition of Employment) Act, 1966
8.Para 3.21, Chapter 3, Report of the National Commission to Review the Working of the Constitution, 2002
9.AIR 1982 SC 1943.
10. Article 38 of Indian constitution, 1950

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Article 39(a), (e) and (f) specifically provide certain policies to be followed by the State for the
welfare of the children. Article 39(f) provides that children are given opportunities and facilities
to develop in a healthy manner and in condition of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material abandonment.

Article 41 asserts the responsibility of the State to make effective provisions for securing the
right to… education and to public assistance in cases of. …sickness and disablement and in other
cases of undeserved want, within the limits of its economic capacity and development.11

Article 45 in explicit terms directs the State to endeavour to provide free and compulsory
education for all children until they complete the age of 14 years, within a period of 10 years
from the commencement of the constitution. This direction reflects the interest of the framers of
the constitution as regards the education of the children as education is the foundation for a
healthy and proper development of a child.12 The State responsibility to provide for just and
humane conditions of work and maternity relief, also ultimately aims at the well being of
children.

Article 46 stands for the promotion of the educational and economical interests of the weaker
sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes and
for their protection from social injustice and all forms of exploitation.

Article 47 castes upon the State the duty to raise the level of nutrition and the standard of living
and to improve public health.

The object of Directive Principles of State Policy explicit in all these provisions is ‘to embody
the concept of welfare state’.13

Though Article 37 emphatically says in its first part that the rights contained in Part IV are not
enforceable in any court nor their alleged breach by any law can be held to invalidate the law, the

11 Emphasis supplied; This responsibility is acknowledged as subjected to financial capacity in Unnikrishnan v.

State of A.P., AIR 1993 SC 2178
12 In Unnikrishnan v. State of A.P.,(1993) 1 SCC 645 , the directive principles has been raised to the level of
fundamental rights and it was held that the right to education flows directly from ‘right to life’.
13 Kesavananda Bharati v. State of Kerala, (1973) 4SCC 225, paras 134 and 139

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judicial wisdom has given more weight to the second portion of article 37, viz., “..the principles
therein laid down are nevertheless fundamental in the governance of the country and it shall be
the duty of the State to apply these principles in making laws.”14

Writ Jurisdiction & Directive Principles

The Supreme Court of India in Mohini Jain v. State of Karnataka,15 has incorporated the
directive principle in Article 45 into Article 21 so that writ jurisdiction can be invoked for the
enforcement of the same. It was held that the ‘right to education’ being concomitant to the
fundamental right to life, the State is under a constitutional mandate to provide educational
institutions at all levels for the benefit of the children. Again in the famous case of
Unnikrishnan,16 the apex court reiterated the same right; but limited the liability of state
obligation in Article 45 incorporated by judicial interpretation into Article 21, towards every
citizen until he completes the age of 14 years and beyond that stage, the state obligation to
provide education is subject to the limits of the economic capacity and development of the state.

In yet another case, M.C.Mehta v. State of Tamilnadu 17the petition filed in the interest of child
labourers sought the attention of the apex court towards gross violations of the fundamental
rights of children employed in the Sivakasi area of Tamil Nadu and the judiciary has analysed the
provisions contained in Articles 39(f) and 45 of the Constitution. The court thus, by extending
the scope of fundamental rights, brought the directives also amenable to writ jurisdiction.

Although the petition concerns only the child labour prevailing in the State of Tamilnadu,
particularly in the Sivakasi area, the Hon’ble Court, taking into account, several factors, reports
of the Government and reports of National Sample Survey Organisation, Planning Commission
and other international bodies like UNICEF, was convinced that the problem of child labour has
become an all India evil and is on the rise.

14 Emphasis supplied; emphasising this part, the apex judiciary has held in a number of decisions that directive
principles supplement fundamental rights to secure a welfare state. Thus the earlier view that Directive Principles
are inferior to Fundamental Rights has almost been abandoned.
15 AIR 1992 SC 1858
16 AIR 1993 SC 2178
17 AIR 1997 SC 699

The court held:

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“…Child labour by now is an all-India evil though its acuteness differs from area to area. So
without a concerted effort, both of the Central Government and various State Governments, this
ignobility would not get wiped out. …So we would address ourselves as to how we can, and are
required to, tackle the problem of child labour, solution of which is necessary to build a better
India…. Poverty is the basic reason which compels parents of a child, despite their
unwillingness, to get it employed…Feeling that the problem would be taken care of to some
extent by insisting on compulsory education, the court is of the view that if employment of a
child below that age of 14 is a constitutional indication in so far as work in any factory or mine
or engagement in other hazardous work and if it has to be seen that all children are given
education till the age of 14 years in view of this being a fundamental right now, and if the wish
embodied in Article 39(e) that the tender age of children is not abused and citizens are not forced
by economic necessity to enter a vocation unsuited to their age, and if children are to be given
opportunities and facilities to develop in a healthy manner and childhood is to be protected
against exploitation as visualised by Article 39(f), it seems to us that the least we ought to do is
see to the fulfilment of legislative intendment behind the enactment of Child Labour(Prohibition
and Regulation) Act, 1986.”

CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

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*SUGGESTED READING – BOOK OF PROF. MEENU PAUL

Introduction

Children need to grow in an environment that enables them to lead a life of freedom and dignity.
Opportunities for education and training are to be provided for them to enable them to grow into
responsible and responsive citizens. Unfortunately a large proportion of children are deprived of
their basic rights. They are found working in various sectors of the economy particularly in the
unorganized sector. Some of them are confined and beaten, reduced to slavery or denied the
guaranteed fundamental right of access to free and compulsory education thus making child
labour a human rights issue and a developmental issue.1

The problem of child labour is a universal phenomenon. It existed in one form or another since
historic times. The problem is significantly more acute in the developing than in the developed
nations where stringent laws governing the employment of children exist and are implemented
effectively.2 Child labour is a harsh reality in India. Despite the provisions of restrictive labour
laws the practice continues unabated because employment of child labour is advantageous to
employers and an economic compulsion to parents of child workers.3 Child labourers are
exploited, exposed to hazardous work conditions and paid a pittance for their long hours of work.
Forced to forego education, shouldering responsibilities far beyond their years, becoming
worldly-wise when their peers have yet to leave the cocoons of parental protection, these
children never know what childhood is.4

The Child Labour (Prohibition and Regulation) Act, 1986 is in place to fight against the problem
of child labour in our country. As the law was found to be lacking, the Government decided to
amend the Act. The amendments were first introduced in 2012, thereupon in 2015 and finally it
is in on the 29th July 2016 that the Child Labour (Prohibition and Regulation) Amendment Bill,
2016 has received the assent of the President.

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Definition of Child Labour

Child labour is conventionally defined to include all ‘economically active’ children in the age
group 5-14 years. A person is treated as economically active or gainfully employed if she/he
does work on a regular basis and receives remuneration for it. The ILO defines ‘child labour’ as
“work that deprives children of their childhood and their dignity, which hampers their access to
education and the acquisition of skills, and which is performed under deplorable conditions
harmful to their health and their development.”

Child work, on the other hand, includes all paid and unpaid work for the household or for the
market, whether it is full-time or part-time. Participation in household activities on a regular
basis and for several hours in a day to relieve adults for wage employment is also included in this
definition. The ILO, however, argues that it is not concerned with children helping in family
farms or doing household chores.5

Causes of Child Labour

Child labour is a socio-economic problem. Parents for the reason of poverty have to send their
children in order to supplement their income derived from child labour, however meager, are
essential to sustain the family. The major reason that creates the circumstances for a child to
work as a child labour includes the following.

● Socio-economic backwardness

● Poverty

● Illiteracy

● Unemployment

● Over-population

● Lack of education facilities

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● Ignorance of parents about the importance of education.

● Ignorance of impact on children of labour. Government apathy

● Customs and traditional attitude

● The provisions of the protective labour legislations are lopsided

● The enforcing machinery, which are provided by the state governments, are inadequate almost
everywhere and fail to check up on child labour.

● The children are mostly silent listeners or non-listeners of the policies and programmes meant for
them and hence, their problems are not properly realized and the safeguards extended for the
prevention of child labour are not implemented effectively.

● Economic Globalization is equally responsible for the growth of child labour.6]

Salient Features of The Child Labour (Prohibition and Regulation) Act, 1986

The Child Labour (Prohibition and Regulation) Act, 1986 was the culmination of effort and ideas
that emerged from the deliberations and recommendations of various committees on child labour.
Significant among them are the National Commission on Labour (1966-69), Gurupadaswamy
Committee on Child Labour (1979), Sanat Mehta Committee (1984) and others.

Aims and Objects, Extent and Commencement

The legislature strongly desired prohibition of child labour and the Child Labour (Prohibition
and Regulation) Act, 1986 is in itself, ex facie, a bold step towards that goal. As its preamble
indicates that it has twin objective: it intended to prohibit the engagement of children in certain
employments and to regulate the conditions of work of children in certain other employments
where children are allowed to work.7

There are a number of Acts that prohibit the employment of children below 14 years and 15
years in certain specified employments, for example, Section 67 of the Factories Act, 1948,

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Section 45 of the Mines Act, 1952, etc. However, there existed no procedure in any of the law
for deciding in which employments or processes the employment of children should be banned.
Also there was no law to regulate the working conditions of children in the employments where
they were not prohibited to work and consequently were exploited. Thus, the Act was passed
with the following aims and objects:

● Ban the employment of children, that is, those who have not completed their fourteenth year of
age, in specified occupations and processes

● Lay down a procedure to decide modifications to the Schedule of banned occupations and
processes

● Regulate the conditions of work of children in employments where they are not prohibited from
working

● Lay down enhanced penalties for employment of children in violation of the provisions of the
Act, and other Acts which forbid the employment of children

● To obtain uniformity in the definition of ‘child’ in all the related laws08

● To empower the Central Government to constitute Child Labour Technical Advisory Committee
to advise the Central Government for the purpose of addition of occupation and processes to the
Schedule appended to the Act.9

The Act makes it clear that the rights of the child are inalienable and indivisible.10Further any
person who engages into the child labour practice shall be criminally liable under the Act of
1986 as well as his civil liability to pay compensation arises out of violation of the fundamental
rights.11

The Act received the President’s assent on December 23, 1986. Section 1 (2) of the Act provides
that it extends to the whole of India. It has been provided under Section 1(3) that the provisions
of this Act, other than Part III, shall come into force at once and Part III shall come into force on
such dates as the Central Government may, by notification in the Official Gazette appoint, and
different dates may be appointed for different states and different class of establishments.

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Definition Clause (Section 2)

The Act also provides the definitions of the various concepts in Section 2. They are:

● Appropriate Government means, in relation to an establishment under the control of the Central
Government or a railway administration or a major port or a mine or oilfield, the Central
Government, and in all other cases, the State Government

● Child means a person who has not completed his fourteenth year of age

● Day means a period of twenty-four hours beginning at midnight

● Establishment includes a shop, commercial establishment, workshop, farm, residential hotel,

restaurant, eating house, theatre, or other place of publicamusement or entertainment

● Family in relation to an occupier, the individual, wife or husband, as the case may be, of such
individual, and their children, brother or sister of such individual

● Occupier in relation to an establishment or a workshop, means the person who has the ultimate
control over the affairs of the establishment or the workshop

● Port authority means any authority administering a port

● Prescribed means prescribed under the rules made under Section 18

● Week means a period of seven days beginning at midnight on Saturday night or such other night
as may be approved in writing for a particular area by the Inspector

● Workshop means any premises (including the precincts thereof) wherein any industrial process is
carried on, but does not include any premises to which the provisions of Section 67 of the
Factories Act, 1948, for the time being apply

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Prohibition of children in certain occupations and processes (Section 3)

Section 3 of the Act provides for certain employments in which there is a prohibition on
employment of children. It states that, “No child shall be employed or permitted to work in any
of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the
processes set forth in Part B of the Schedule is carried on.”

● Occupation set forth in Part A (18 entries) (transport, construction, Railways, Ports, Crackers
and firework industries, slaughter houses, automobile workshops & garages explosives,
handloom, mines, plastic units. Diving was added in 2008 Amendment and circus and caring for
elephants in the 2010 Amendment.

● Processes set forth in part B (65 entries) Bidi making, Carpet weaving, mica cutting, lead
factory, oil expelling, Brick kilns, manufacturing of glass, zari, electroplating etc. In 2008
Amendment a further eight processes were added to the list, example, processes involving
exposure to excessive heat (like workingnear furnaces) and cold, food processing and beverage
industry, etc.

● Exemption clause: The Second Para of Sec. 3 provides exemption of occupation & workshop
engaging the child if on two grounds namely:-

● To workshop where in any of the processes set forth in Part B is carried out by the occupier with
the aid of his family.

● To any school established by or receiving assistance or recognition from the government

In the landmark case of M. C. Mehta v. State of Tamil Nadu,12 the Supreme Court observed that
despite the constitutional mandates, the stark reality in our country children are an exploited lot,
especially as labour. Sivakasi was one of the worst offenders in terms of employing children in
contradiction to the Child Labour (Prohibition and Regulation) Act. Mr. M. C. Mehta invoked
the power of the Supreme Court under Art. 32, against the violation of the fundamental rights of
children as provided under Art. 24 of the Constitution. It was noted that as on 31st December
1985, there were 221 registered match factories employing 27,338 workmen of whom 2941 were
children. The Court also noted that the manufacture of matches and fireworks is a hazardous

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industry, giving rise to fatal accidents. So, keeping in view, the provisions of Art. 39 (f) and 45 of
the Constitution, it gave certain directions as to how the quality of life of children employed in
the factories could be improved. The court also constituted a committee to oversee the directions
given.

The Apex Court examined the magnitude of the problem, considered constitutional mandates,
international commitments and statutory provisions. The Court also considered the working of
the provisions of the Child Labour (Prohibition and Regulation) Act, 1986. It held that there are a
number of loopholes in the Act, one of them is that children can continue to work if they are a
part of a family of labourers. Also, the Act does not use the word ‘hazardous’ anywhere, the
implication of which is that children may continue to work in those processes not involving
chemicals. It is impractical and unrealistic to draw a distinction between hazardous and
non-hazardous processes in a particular industry. What is required is to list the whole industry as
banned for child labour, which would make the task of enforcement simpler and strategies of
evasion more difficult.13

The Supreme Court has taken certain pragmatic steps towards effective implementation of the
policy. They are:

1. Survey for identification of working children.

2. Withdrawal of children working in hazardous industries and ensuring their education in

appropriate institutions.

3. The offending employer must be asked to pay compensation of Rs. 20,000/- for every child
employed in contravention of the provisions of the Act. The liability of the employer would not
cease even if he would disengage the child employed.

4. .The sum so collected should be deposited in a fund to be known as Child Labour

Rehabilitation-cum-Welfare Fund. The Fund shall form a corpus whose income shall be used
only for the education, health, safety and welfare of the concerned child. To generate greater

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income, the fund can be deposited in a high yielding scheme of any nationalized bank or other
public body.

5.As the aforesaid income would not be enough to dissuade the parent/guardian to seek
employment of the child, the State owes a duty to discharge its obligation. It should provide a job
to an adult member of the family, whose child was employed in a hazardous industry.

6.In cases where it would not be possible to provide a job, the Government would, as its
contribution grant, deposit in the Child Labour Rehabilitation-cum-Welfare Fund a sum of Rs.
5000/- for each child employed in a factory or mine or in any other hazardous employment.

7.In either of the cases whether a job is provided to an adult member of the child’s family in lieu
of the child or not, the child shall not be required to work.

8.In cases where alternative employment could not be made available as aforesaid, the
parent/guardian of the concerned child would be paid the income, which would be earned on the
corpus of Rs. 25,000/- for each child, every month. The employment given or payment made
would cease to be operative if the child would not be sent by the parent/guardian for education.

9.The National Child Labour Policy announced by the Government of India has already
identified some industries for priority action.

10.A district could be the unit of collection so that the executive head of the district keeps
a watchful eye on the work of the Inspectors.

11.With regard to non-hazardous jobs, the Inspectors shall have to see that the working hours of
the children are not more than four to six hours a day and that they receive education at least for
two hours each day. It would also be seen that the entire cost of education is borne by the
employer.14

Appointment of the Child Labour Technical Advisory Committee (Section 5)

● The Central Government may by notification in the Official Gazette, constitute an advisory
committee called the Child Labour Technical Advisory Committee to advise the Central
Government for the purpose of addition of occupations and processes to the Schedule.

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● The Committee shall consist of a Chairman and such other members not exceeding 10, as may be
appointed by the Central Government

● The Committee shall meet as often as it may consider necessary and shall have power to regulate
its own procedure

● This committee also has the power to constitute a sub-committee.15

In addition, a Central Advisory Board on Child Labour has also been constituted to review the
implementation of the existing legislations and suggest measures for welfare of working
children. Current Composition of the Board may be seen by clicking here.

Also, in order to monitor the functioning of the National Child Labour Projects (NCLPs),
a Central Monitoring Committee has been formed. The Committee sees the overall
supervision, monitoring and evaluation of the National Child Labour Projects. It is set up under
the Chairmanship of Secretary, Ministry of Labour & Employment with representative of State
Governments and concerned Ministries/Departments.16

Application of Part III of the Act (Section 6)

Sections 6-13 consist of provisions regarding the regulation of conditions of work of children.
Section 6 provides that a child can be employed in any of the establishment other than those
specified in Part A & B of the schedule. But it further defines the application within the ambit of
some regulations provided under further sections.

Regulation of conditions of work (Sections 7, 8, 13)

To regulate the conditions of work there are three grounds of consideration namely.

● Hours and Period of Work (Section 7)

Section 7 provides for six grounds for regulating the hours and period of work of the children
employed:

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● No child is permitted to work in any establishment in excess of such number of hours as may be
prescribed for such establishment or class of establishments

● The period of work on each day shall be so fixed that in one stretch no period shall exceed three
hours and that no child shall work for more than three hours before he has had an interval for rest
for atleast one hour.

● The period of work of a child shall be so arranged that inclusive of his interval of rest, it shall not
be spread over for more than six hours, including the time spent in waiting for work

● No child shall be made to work between 7 p.m. and 8 a.m.

● No child shall be permitted to work overtime

● No child is to work on any day on which he has already been working in another establishment,
that is, dual engagement in two establishments is not allowed17

● Weekly Holidays (Section 8)

Section 8 makes it mandatory to allow one whole day in a week as holiday to a child. Such
declared holiday shall be specified in a notice permanently exhibited on a conspicuous place in
the establishment. No occupier is allowed to alter this holiday more than once in three months.

● Health and Safety (Section 13)

Section 13 empowers the appropriate Government to make rules for the health and safety of the
children employed through notification. These matters shall relate to theheads provided under
clause (2) of Section 13 under 24 different heads, such as, cleanliness in the place of work and its
freedom from nuisance, disposal of wastes and effluents, ventilation and temperature, lighting,
drinking water, latrines and urinals, spittoons, fencing of machinery, employment of children on
dangerous machines, excessive weights, protection of eyes, explosive or inflammable gases, etc.

Duties of Occupier (Sections 9, 10, 11, 12)

Part III of the Act imposes certain duties upon the occupier of the establishment. These are:

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● Notice to Inspector (Section 9)

● Every occupier shall send a written notice to the inspector with respect to the employment of
children in his establishment. This notice shall contain the following particulars: The name and
situation of the establishment

● The name of the person in actual management of the establishment

● The address to which communications relating to the establishment should be sent

● The nature of the occupation or process carried on in the establishment

Inspector is the person appointed under Section 17 of the Act by appropriate government. It shall
be the duty of the Inspector to verify that the occupier has complied with all the provisions of the
Act. The Inspector is a public servant under Section 21 of IPC.

● Verification of Age of Child (Section 10)

In case of any dispute with respect to the age of the child, the dispute shall be referred to Medical
Practitioner by the Inspector (in the absence of certificate of age).

● Maintenance of register (Section 11)

The occupier shall maintain the register in respect of children employed. The register shall be
open for inspection at all times during working hours. The register must show;

● The name of date of birth of every child employed.

● Working hours and period of work and intervals of rest.

● Nature of work of any such child.

● Other particular as may be prescribed.

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Display of notice (Section 12)

Every railway administration port authority and every occupier shall display a notice containing
abstract of Section 3 and Section 14 (penalties) at some conspicuous and accessible place. The
notice shall be displayed in both English and local language.

Penalties under the Act (Section 14 and 15)

The Act provides for penalties in Section 14 and 15. Section 14 gives the penalties for
contravention with the provisions of this Act whereas, Section 15 gives the penalties for the
contraventions given in other Acts.

● If any person contravenes the provisions of Section 3, he shall be punished with imprisonment
for a term not less than three months and may extend to one year or with fine not less than ten
thousand rupees but may extend to twenty thousand rupees or with both.18

● In cases of subsequent contravention of Section 3, the offender shall be punished with a term
which shall not be less than six months, but may extend to two years.

● Whoever, fails to comply with or contravenes with Section 9, 11, 12 or any other
provision of the Act, shall be punishable with Simple Imprisonment which may extend to
one month or with fine which may extend to ten thousand rupees or with both.19

● Whoever, is found guilty and convicted of contravention of would be punished as per the
provisions of Section 14 (1) and 14 (2).20

In Hemendra Bhai v. State of Chattisgarh,21 the applicant was a partner of a firm, namely,
Dayalal Meghji & Co. carrying on business of manufacturing and selling of bidis in Raipur. In
pursuance to the directions of the Supreme Court a surveyor inspected the house of one Santosh
Sahu and found a boy aged about 11 years making bidis. On being questioned Santosh told the
officer that the bidis were being made for the Dayalal Meghji firm. The surveyor submitted the
report to the Assistant Labour Commissioner and he issued a show cause notice to the firm
directing it to deposit Rs. 20,000 as per directions of the Supreme Court and also education to
such children who were working for his firm. The firm challenged the demand notice. A

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charge-sheet was also filed by the Inspector before the Chief Judicial Magistrate, Raipur under
Section 14 of the Act.

The High Court, however, in this case quashed the proceedings under Section 482 of the Code of
Criminal Procedure, for the following reasons:

● The trial magistrate has not applied his mind to the facts and the law applicable to the present
case

● The firm had not employed the child as labourer in any of its workshop. The workers were
supplied raw materials and they rolled bidis in their respective houses taking assistance of their
children. The firm had no control or supervision over the working of its workers

● If the house of the worker was treated as a workshop, under the definition in Section 2 (x) of the
Act, then the worker who was the owner of the house became the occupier under section 2 (vi)

● There was no document or material to show that the child labourer in question was below 14
years of age22

In Ram Chander v. State of U.P.,23the petitioner was prosecuted under the Child Labour
(Prohibition and Regulation) Act, 1986 for having employed a person below the age of 12 years
in his carpet loom. The Trial Court had put the burden of proving the age of the child on the
accused. The High Court allowed the revision and held that the trial court had erred in its
judgment because to justify a conviction under Section 14(1), the burden of proving the age of
the child is upon the prosecution, and not the accused.

In Raj Homes Pvt. Ltd. v. State of M.P.,24 the petitioner was involved in selling of houses and
the labourers were employed by the contractors. The Assistant Labour Commissioner, Bhopal
issued a show cause notice to the petitioner for violation of Section 3 of the Child Labour
(Prohibition and Regulation) Act. The petitioner challenged the order of the said authority to pay
Rs. 20,000 per labour and also to release the child labourer in his employment. In case the
petitioner does not deposit the amount it shall be considered as disobedience of the order of the

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Supreme Court and the amount shall be recovered as arrears of land revenue. The
petitionercontended that proper inquiry had not been conducted before passing the order and he
was not given an opportunity of being heard. The High Court however, dismissed the order on
account that an opportunity of being heard had been given.25

In the case of Hayath Khan v. The Deputy Labour Commissioner 26the petitioner was running a
motor cycle shop called Best Service Centre. His shop was inspected and it was found that he
had employed a child of about 12 years. A case was registered alleging contravention of Section
3 of the Child Labour (Prohibition and Regulation) Act, 1986. A show cause notice was issued to
the petitioner’ as to why compensation should not be recovered as arrears of Land Revenue.
Thereafter a criminal case was registered against the petitioner. The Deputy Labour
Commissioner thereafter passed an order against the petitioner imposing Rs. 20,000/ as
compensation to be deposited to the District Child labour Rehabilitation and Welfare Fund.

The impugned order is questioned by the petitioner on the ground that no compensation could be
fixed by the impugned authority and the compensation if at all could be fixed by the
jurisdictional magistrate in the light of Section 14 and Section 16 of the Child Labour
(Prohibition and Regulation) Act.

The Karnataka High Court held that it is no doubt true that Section 14 provides for a penalty of
Rs. 20,000/- by way of fine. A procedure is also prescribed in terms of Section 16. But what
cannot be forgotten by this Court is the law declared by the Supreme Court in the case of M.C.
Mehta v. State of Tamil Nadu 27wherein it was ruled in Para 27 that the offending employer must
pay compensation of Rs. 20,000 for every child employed in contravention of the provisions of
the Act and the Inspectors, whose appointment is visualized by Section 17 have to secure
compliance with this provision. The said sum could be deposited in a fund to be known as Child
Labour Rehabilitation-cum-Welfare Fund.

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It was held that an order for paying compensation is in terms of the direction of the Supreme
Court and that cannot be confused with levy of fine by way of penalty under Section 14 of the
Act. Penal fine is different from compensation.

In State of Gujarat v. Bhupendra Kumar Jagjivandas Patel,28 it was held that section 15(2)(a)
deals with a situation wherein there is contravention of Section 67 of the Factories Act, 1948,
once the offence under the said section stands established, the penalty has to follow as a natural
corollary as provided under Section 14 (1) of the Child Labour (Prohibition and Regulation) Act.

Procedure relating to Offences (Section 16)

● Any person, police officer or inspector may file a complaint of the commission of the offence
under this Act in any court of competent jurisdiction

● Every certificate as to the age of the child which has been granted by a prescribed medical
authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child

● Offences under this Act can be tried by a Metropolitan Magistrate or a Magistrate of the
first class, and not below this rank.

The word ‘complaint’ as used in this section has a wide meaning since it includes even an oral
allegation. No particular form of complaint is prescribed. But a complaint must be an
allegation prima facie disclosing the necessary facts that are necessary to constitute the offence
alleged. It is on the basis of these facts that a Magistrate takes action.29

Certain other provisions of law are not barred (Section 20)

Rules made under this Act shall be in addition to and not in derogation of the provision of
Factories Act, 1948, Mines Act, 1952 and Plantation Act, 1951.

Power to make Rules (Section 18 and 19)

The Appropriate Government has power to make rules through notification with respect to:

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● Appointment, allowances, conditions, restrictions upon child labour technical Advisory

Committee & Sub Committees.

● Fixation of working hours of the child.

● Medical authority which shall grant the certificate of age of child seeking employment.

● Particulars of Register to be maintained.30

Every rule made under this Act by the Central Government and every notification issued under
Section 4, shall be laid, as soon as may be after it is made or issued, before each House of
Parliament for its approval. However, such approval shall be without prejudice to the validity of
anything previously done under the rule or notification.

Every rule made by a State Government under this Act shall be laid as soon as may be after it is
made, before the legislature of the State.31

Conclusion:
The government’s decision to provide exclusion to family enterprises is grounded in economic
reality, but in doing so it leaves behind the idealism which this Amendment was expected to
achieve. Social activists, various organizations working towards the protection of children had
their hopes set on a law which would finally set to achieve a total and absolute ban on
employment of children, and an increased protection of adolescents. The Standing Committee on
Labour in 2013 also recommended that all forms of employment of children should be banned,
as otherwise the implementation of the law would become faulty because it would not be
possible to keep a check on all such enterprises. All this thus created an atmosphere wherein it
was felt that India was now ready to take the next step towards protecting children from child
labour. It is seen that various home-based and even global conglomerates employ child labour
and they do not provide them with fair wages, health care or proper work environment, but more
importantly they take away a precious childhood. This amendment under the garb of legitimizing
employment of children in family enterprises may end up making children work in isolated home
based units which provide services to big companies.

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Also, it would definitely have an adverse effect on the education of these children. We may end
up seeing an increase in the percentage of drop-outs. If children from poor households do not
receive proper education, they would inevitably be stuck in the cycle of poverty which has
trapped their families for ages.

However, the Government has opted to be guided by the harsh socio-economic truths of our
society. As much as we may choose to criticise the new law, we cannot forget the fact that in
India (and various other countries) it is fairly common for children to work with their parents and
extended families, whether for the purposes of contributing to the family income or for lending a
helping hand or for apprenticeship so that one day they may fit in the shoes of their families.

After bringing this Amendment, it is an added responsibility on the Government to ensure that
education of a child should not suffer. The implementation mechanism as envisaged by the
Government has to be an effective for this Act to remain a powerful weapon against the social
evil of Child labour. Routine inspections should be conducted of not only places where
hazardous occupations and processes are undertaken, but also of family enterprises, so that there
is no misuse of this Act.

On the other hand, parents should be sensitized to the importance of education of their children
and to the ill-effects of child labour on their child’s physical and mental health. Also, by routine
seminars in schools and anganwadies, etc., children should also be made aware of their right to
education and their right to be protected against the evil of child labour.

In conclusion, I would like to say that as we wait for this new Amendment to come into force,
we may stand for or against it, but we cannot and should not choose to ignore it, for it is this law
that shall be instrumental in protecting the children of India. Whether this amended law proves to
be a step ahead in our long fight against child labour or whether it acts as a shield in the hands of
the perpetrators of this heinous crime, only time will tell.

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REFERENCES

1] Know Your Rights Series: Human Rights and Child Labour, National Human Rights
Commission, India, 2011, p.1 (Available at:
http://www.nhrc.nic.in/Documents/Publications/KYR%20Child%20Labour%20English.pdf

[2] Kumar, Dr. R.D. Sampath, Urban Child labour: Abuse and Neglect, 1st Ed., The Associated
Publishers, Ambala, 2007, p.1

[3] Kumar, supra note 2, p. 12

[4] Ahuja, Ram, Social Problems in India, 2nd Ed., Rawat Publications, Jaipur, 1997, p. 234

[5] Burra, Neera, Child Labour: Defining the Issue, p.1 (Available at:
http://www.undg.org/archive_docs/3522-Child_Labour__Defining_the_Issue.doc)

[6] Ali, Hasnaim & Khan, Samsuddin, The Overcoming of Child Labour in India: In
perspective of Constitutional and legislative Framework, Journal of Business Management &
Social Sciences Research, Volume 1, No.3, December 2012, p. 85-86 (Available at:
borjournals.com/Research_papers/Dec_2012/1088%20M.pdf‎)

[7] Goswami, Dr. V.G., Labour and Industrial Laws, 8th ed., Central Law Agency, Allahabad,
2004, p. 989

[8] Statement of Objects and Reasons, the Child Labour (Prohibition and Regulation) Act, 1986

[9] Goswami, supra note 13, p. 989

[10] M. C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699

[11] Anil Kumar Agarwal v. Assistant Commissioner, Mathura 1999 II [LJ 1318 (All)]

[12] AIR 1997 SC 699

[13] Goswami, supra note 13, p. 992

[14] Know Your Rights Series, supra note 1, p. 18-19

[15] Misra, S.N., Labour and Industrial Law, 27th Ed., Central Law Publications, Allahabad,
2013, p. 1054

[16] http://labour.gov.in/content/division/committeesboards.php

[17] Misra, supra note 22, p. 1055

[18] Section 14 (1)

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[19] Section 14 (3)

[20] Section 15

[21] (2003) II L.L.J. 645 (Chhat.)

[22] Misra, supra note 22, pp.1058-59

[23] (2002) I L.L.J. 907 (All.)

[24] (2003) III L.L.J. 626 (MP)

[25] Misra, supra note 22, p. 1060

[26] ILR 2005 KAR 6001

[27] AIR 1997 SC 699

[28] (2001) 2 L.L.J. 1517 (Guj)

[29] Misra, supra note 22, p. 1060

[30] Section 18

[31] Section 19

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