TMI Blog1997 (2) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... ointedPrem Bhai and otherto visit factories manufacturing carpets and to submit their findings asto whether any number of children below the age of 14 years are working in the carpet industry etc. The Commissioner submitted his preliminary report.Subsequently, by Order dated August 1, 1991,this Court appointed a Committeeconsisting of ShriJ.P. Vergese, Ms. Gyansudha Mishra and Dr. K.P. Rajuto go around Mirzapur area and other places where carbets are being weaved to findout whether children are being exploited and to submit a comprehensive report. In furtherance thereof, a comprehensive report was submitted on November 18, 1991. The matter was heard and argumentswere concluded.The judgment was reserved by proceedings dated October 18, 1994. Since the judgment could not be delivered, matter was directed to be posted before a Bench consisting of S. Saghir Ahmad, J. We haveheard the counsel on both sides. The primary contention by the petitioneron behalf of the children below the age of 14 years, is that the employment of children by various carpet weaverin Varanasi, Mirzapur, Jaunpur and Allahabadarea isviolative of Article 24. The reportof theCommittee discloses the enormity of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utput, the society will feel happywith them. Neglecting the children meansloss to the society asa whole. If children are deprived of theirchildhood - socially, economically, physically andmentally - thenationgets deprived of the potential human resources for social progress, economic empowerment and peace and order, thesocial stability and goods citizenry. The foundingfathersof the Constitution, therefore, have bestowed the importance of the role of the child in its best fordevelopment. Dr. Bhim Rao Ambedkar, was for a head of his time in his wisdom projected these rights in the DirectivePrinciples including the children as beneficiaries. Their deprivation has deleterious effect on the efficacy ofthe democracy and the rule of law. Article 39 (e) of the Constitution enjoins that the State shall direct its policytowards securing the health and strength of workers, men and women; and the children of tender age will not be abused; the citizens should not be forced by economic necessity toenter avocations unsuited to their age or strength. Article 39(f) enjoins that theStat shall direct its policy towards securing thatchildren are given opportunities and facilities todevelopin a heal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and strengthens the respect for human right and fundamental freedoms. It promotes understanding, tolerance and friendship among people. It is, therefore, the duty of the State to provide facilities and opportunities to the children drivento child labourto develop their personality as responsible citizens. Due to poverty, children and youthare subjected to may visible and invisible sufferings and disabilities, in particular, health, intellectual and social degradation and deprivation. The Convention on the Rights of the Child which was ratified bythe Government of Indiaon November 20,1989 recognised therights of the child for full and harmonious development ofhis or her personality.Child should grow up in a family environment, in an atmosphere of happiness,love and understanding. Thechild should be fullyprepared to live an individual life in society. Article 3 providesthat in allactionsconcerning children whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be the primary consideration. Article 27(1) provides that the State parties recognise the right of every chi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal instruments. States Parties shall in particular. (a) Provide for a minimum age or minimum ages for admission to employment; (b) Provide for appropriate regulation of the hours and conditionsof employment; (c) Provide for appropriate penaltiesor other sanctions to ensure theeffective enforcement of the present article. Article 36 statesthat State parties hall protect the child against all otherforms of exploitation prejudicial to any aspects of the child s welfare. No doubt, the Government, while ratifying the Convention with a reservation of progressive implementation of the governance, reminded itself of the obligations undertaken thereunder, but they do not absolve the Statein its fundamental governance of the imperative of Directive Principles of the Constitution renderingsocio-economic justiceto the child and their empowerment,full growth of their personality - socially, educationally and culturally - with a right to leisureand opportunity for development of the spirit of reform,inquiry, humanism andscientific temper to improve excellence - individually and collectively. InMaharashtra State Board of Secondary and Higher Education vs. K.S. Gandhi [(1991) 2 S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... livelihood with self-respect and dignityof person. Immediate ban of childlabour would beboth unrealistic and counter-productive. Banof employment of children must begin from most hazardous andintolerable activities like slavery, bonded labour,trafficking, prostitution, pornography and dangerous formsof labour and the like. Illiteracyhas many adverse effects ina democracy governed by rule of law. A free educated citizen could meaningfully exercise his political rights, discharge social responsibilities satisfactorily anddevelop spirit of tolerance and reform. Therefore, education is compulsory. Primaryeducation to the children, in particular, to the child from poor, weaker sections, Dalits and Tribes and minorities is mandatory. The basic education and employmentoriented vocational education should be imparted so as to empowerthe children with these segments of the society to retrieve them from poverty and, thus, develop basic abilities, skills and capabilities tolive meaningfullife for economic and social empowerment. Compulsory education, therefore, to these children is one of the principal means and primary duty of the State for stability of the democracy, social integration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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