Ban children from hazardous jobs: Bombay High Court

While hearing a PIL suo motu, the court said that a mechanism should be developed that prevents children from working in trades that affect their limbs and jeopardise their lives.

The HC said that these children should not be transported to police stations along with older co-workers in police vans. (Source: Express Archive)

The Bombay High Court Tuesday said there should be “complete prohibition” of children working in hazardous conditions. The HC further said that these children should be treated as “victims” and, therefore, suggested that they should not be transported to police stations along with older co- workers and employers in police vans.

Justices V M Kanade and P D Kode gave this suggestion while hearing a suo motu (on its own) public interest litigation (PIL) initiated on the basis of a letter addressed by Justice (retired) P S Patankar, who had sought proper implementation of provisions of the Child Labour Act.

“There should be complete prohibition that these children are not allowed to work in hazardous conditions. They are victims. Steps should be taken so that they are not forced into such hazardous conditions,” said the judges.

The court suggested there has to be a classification of cases when it comes to children forced into labour. In the court’s view, a mechanism needs to be developed that desists children from trades that affect their limbs and jeopardise their lives.

In addition, the court pointed out that there has to be a classification on the basis of magnitude of the hazard involved at work places. Appearing in the matter, amicus curiae (friend of court) Rebecca Gonzalves told the High Court that there was a meeting held recently with members of CRY to give suggestions.

Gonzalves said a mechanism for transporting such children separately, and not along with older co-workers and employers, was put forth.

“This resulted in them (children) getting influenced while giving their statements,” she said. She also said that they should be taken to observation homes.

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“It is advisable not to take them (children) in police vans. They should be taken safely,” said the judges while directing the Principle Secretary Child Welfare Committee, Secretaries of the Home and Labour department to consider the suggestions.

The HC said it wanted to study the issue in depth and posted the matter on the November 17 for passing “concrete directions.”

aamir.khan@expressindia.com

Aamir Khan

Aamir Khan is Head-Legal Project, Indian Express digital and is based in New Delhi. Before joining Indianexpress.com, he worked with Press Trust of India as News Editor, editing legal stories from the Supreme Court and various High Courts. He also worked as an Associate Editor with Bar and Bench, where he led long-form storytelling, ran series on crucial and interesting legal issues, conducted exclusive interviews and wrote deep-dive stories. He has worked for the Indian Express print between 2013 and 2016, when he covered law in Mumbai and Delhi. In his current role, Aamir oversees the legal coverage for the website. He holds an LLB degree, PG Diploma in Journalism (New Media) and a Bachelor's in Life Sciences and Chemistry. You can reach him at: aamir.khan@indianexpress.com. ... Read More

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