3 min readMumbaiJun 4, 2015 03:32 AM IST
First published on: Jun 4, 2015 at 03:32 AM IST
The Maharashtra State Commission for Protection of Child Rights (MSCPCR) has asked the state machinery and law enforcing agencies to identify the places from where children are brought and places where they reside in connection with a case where 652 children were allegedly employed as labour for cleaning fish at Colaba’s Sassoon Dock. The MSCPCR has recommended taking the help of local police officers, office bearers of housing societies and NGOs for eradicating child labour.
The final order in the case directs the law enforcing agencies to apply provisions of relevant sections of the Criminal Law (Amendment) Act, 2013, the Juvenile Justice Act and the Child Labour (Prohibition) Act, 1986, against the employers, agents, owners of establishments, institutions or organisations involved in this matter.
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“It has been alleged (in the complaint) that when volunteers of the organisation (NGO Pratham) approached the collector, police officer and office of the Labour department, they were informed that since cleaning of fish did not come under the purview of hazardous acts, no action could be taken under the Child Labour (Prohibition) Act, 1986. Failing to get relief from the government agencies, the complainant approached the commission. The complaint reveals that children are forced to clean fish for more than 12 hours per day and six-year-old children have also been engaged in this. Children, who are working to clean fish, are not going to school,” said the order.
The deputy labour commissioner, who appeared before MSCPCR, said that the Labour department was unable to take action against the employer since cleaning of fish did not attract provision of the Child Labour (Prohibition) Act. “It is pointed out by the commission that though cleaning of fish does not fall under hazardous acts, as prescribed by law, but it affects children mentally and physically. Therefore, the matter may be dealt with under provisions of the Juvenile Justice Act, Commission for Protection of Child Right Act, 2005, Child Right Convention, 2003, and Right to Education (RTE) Act, 2009. Under the provisions of the RTE Act, children from 6 to 14 years should be in school. But in this matter, children are being deprived of education. Therefore, law enforcing agencies can invoke the provisions of the above mentioned acts and convention against the employer and the agent,” it said.
The order recommends awareness programmes organised with the help of NGOs. It states that at railway stations like CST, Kalyan, Lokmanya Tilak Terminus, a team comprising RPF, GRP and NGO members should be posted on a permanent basis “to check details about children arriving in trains, even if they are accompanied by a relative or a family member”.
The MCSPCR has also asked the state machinery to take up the matter with the central government for inter-state dialogue and follow-up action to eradicate child labour in the state.
mihika.basu@expressindia.com
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