NEW DELHI: The Supreme Court has directed the Centre to constitute a special cell and monitor the implementation of the provisions of the Child Labour (Prohibition and Regulation) Amendment Act, 2016, which prohibits the employment of child labour in hazardous industries.
A bench of Justices SVN Bhatti and NV Anjaria directed the Ministry of Women and Child Development to issue directions to the enforcing agencies through the respective chief secretaries of the States in this regard.
"With a view to preserving the rights of children/adolescents, we direct the second respondent to constitute a special cell, continue to monitor the implementation of the provisions of the Act and also issue direction to the enforcing agencies through the respective chief secretaries of the State, as amended through the Act No.35 of 2016," the bench said.
Advocates Prashant Bhushan and Pranav Sachdeva appeared for petitioner NGO Health For Millions.
The Child Labour (Prohibition and Regulation) Amendment Act, 2016 (No. 35 of 2016) amended the principal Child Labour Act of 1986 and came into force on September 1, 2016.
It imposed a complete ban on child employment and prohibited the employment of children below 14 years in all occupations and processes.
The plea filed in 2009 had challenged the constitutional validity of Proviso to Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986 which permitted employment of child labour in the hazardous process of beedi rolling in workshops as part of family labour and government aided/funded schools.
The plea also sought directions to the Centre to provide educational facilities as well as two mid day meals to such child workers.
During the hearing, the counsel appearing for the Centre, informed the bench that with the amendment to the parent Act, the grievance of the petitioner is substantially attended and the petition does not survive for consideration.
The top court said, "We are of the view that the prayer made in the writ petition does not survive for further consideration, but what remains to be taken note of is giving complete and full effect to the changes introduced by way of amendment Act No. 35 of 2016.
"Keeping in perspective the above brief narrative, we are persuaded not to examine the prayers as made but we take note of the amendment Act No. 35 of 2016 and note that it shall be the responsibility of the respondent(s) to ensure complete and strict compliance with the mandate of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, including the amended provisions."
