UCS

17/01/2016

Main features of the directions of Supreme Court in their Judgment as on 10th December 1996
On 10th December 1996 in Writ Petition (Civil) No.465/1986 on MC Mehta verses state of Tamil Nadu the Supreme Court of India, gave certain directions on the issue of elimination of child labour. The main features of judgment are as under:
Survey for identification of working children;
Withdrawal of children working in hazardous industry and ensuring their education in appropriate institutions;
Contribution @ Rs.20,000/- per child to be paid by the offending employers of children to a welfare fund to be established for this purpose;
Employment to one adult member of the family of the child so withdrawn from work and it that is not possible a contribution of Rs.5,000/- to the welfare fund to be made by the State Government;
Financial assistance to the families of the children so withdrawn to be paid -out of the interest earnings on the corpus of Rs.20,000/25,000 deposited in the welfare fund as long as the child is actually sent to the schools;
Regulating hours of work for children working in non-hazardous occupations so that their working hours do not exceed six hours per day and education for at least two hours is ensured. The entire expenditure on education is to be borne by the concerned employer.
The implementation of the direction of the Hon’ble Supreme Court is being monitored by the Ministry of Labour and compliance of the directions have been reported in the form of Affidavits on 05.12.97, 21.12.1999, 04.12.2000, 04.07.2001 and 04-12-2003 to the Hon’ble Court on the basis of the information received from the State/UT Governments.

17/01/2016

Children are the greatest gift to humanity and Childhood is an important and impressionable stage of human development as it holds the potential to the future development of any society. Children who are brought up in an environment, which is conducive to their intellectual, physical and social health, grow up to be responsible and productive members of society. Every nation links its future with the present status of its children. By performing work when they are too young for the task, children unduly reduce their present welfare or their future income earning capabilities, either by shrinking their future external choice sets or by reducing their own future individual productive capabilities. Under extreme economic distress, children are forced to forego educational opportunities and take up jobs which are mostly exploitative as they are usually underpaid and engaged in hazardous conditions. Parents decide to send their child for engaging in a job as a desperate measure due to poor economic conditions. It is therefore no wonder that the poor households predominantly send their children to work in early ages of their life. One of the disconcerting aspects of child labour is that children are sent to work at the expense of education. There is a strong effect of child labour on school attendance rates and the length of a child’s work day is negatively associated with his or her capacity to attend school. Child labour restricts the right of children to access and benefit from education and denies the fundamental opportunity to attend school. Child labour, thus, prejudices children’s education and adversely affects their health and safety. India has all along followed a proactive policy in addressing the problem of child labour and has always stood for constitutional, statutory and developmental measures that are required to eliminate child labour. The Constitution of India has relevant provisions to secure compulsory universal primary education. Labour Commissions and Committees have gone into the problems of child labour and made extensive recommendations. India’s judiciary, right up to the apex level, has demonstrated profoundly empathetic responses against the practice of child labour. Despite several proactive legislations, policies and judicial pronouncements, the problem of child labour persists as a challenge to the country.

14/01/2016

The Union Cabinet chaired by Prime Minister Narendra Modi on 21 October 2015 approved amendment in the Payment of Bonus Act 1965 for the Industrial workers.

According to the decision
• The bonus ceiling under the legislation was increased from 3500 rupees to 7000 rupees per month.
• The wage ceiling for getting bonus has also been increased from existing 10000 rupees per month to 21000 rupees per month.

10/01/2016

27/11/2015

18/11/2015

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15/11/2015

Labour and Industrial Law Consultancy Group