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Status of Child Labour in India

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Status of Child Labour in India

Page 1 of 21
Table of Contents

1. The facts mentioned in the case of M C Mehta Vs. State of Tamil Nadu3 2. Court’s Decision5
3. International Perspectives on Child labour6
3.1 Child labour Practices around the World7
3.2 Some of the Good Practices on Child labour across the World8 4. Evolution of the constitutional and legal provisions relating to child labour in India11 5. Suggestions (legal as well as non-legal) for tackling the child labour problem14 Legal suggestions14

Non-Legal suggestions14
6. References15

1. The facts mentioned in the case of M C Mehta Vs. State of Tamil Nadu

Petitioner: - M.C. MEHTA Vs. Respondent: - State of TAMIL NADU and OTHERS Date of Judgement: 10/12/1996
Bench consisted of Judges:- Kuldip Singh, B.L. Hansaria, S.B. Majumdar In Sivakasi cracker factories, as on 31-12-1985:

• Number of registered match factories=221

• Total workmen= 27, 338

• Number of children employed=2941

Occurrence of a major accident in Sivakasi and happenings thereafter (facts in the case)

In an "unfortunate accident", in one of the Sivakasi cracker factories:- The number of persons who died was stated as 39 by the Tamil Nadu Government.

In our country, Sivakasi has been the worst offender in the matter of violating “prohibition of employing child labour”. In lieu of this, the public-spirited lawyer, Shri M.C. Mehta invoked the Court's power under Article 32, because it was the violation of the fundamental right of the children guaranteed by Article 24.

An advocates' committee was formed to visit the area and make a comprehensive report relating to the various aspects of the matter. The Committee members were:

• Shri R. K. Jain, a Senior Advocate

• Ms Indira Jaising, another Senior Advocate

• Shri K. C. Dua, advocate.

The court rejected the following affidavits in regard to this case and decided to uphold the recommendations of the committee:-

• An affidavit of the President...