LLM Notes: Important Notes on Juvenile Delinquency {Part 5}

 

1) LLM Notes: "Constitutional Principles: Class Differentia and Juvenile Justice in Indian Law

https://www.lawweb.in/2025/05/llm-notes-constitutional-principles.html

 

2) LLM Notes: Evolution of Juvenile Justice Jurisprudence in India: Key Cases, Principles, and Implementation Challenges"

https://www.lawweb.in/2025/05/llm-notes-evolution-of-juvenile-justice.html

3) LLM Notes: Varying Definitions of Child and Juvenile in Indian Law

https://www.lawweb.in/2025/05/llm-notes-varying-definitions-of-child.html

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LLM Notes: Legislative Reforms vs. Ground Realities: India's Struggle to Eliminate Child Labour by 2025

 India faces a significant challenge with child labour, with current data indicating that the country may struggle to meet its international commitments to eliminate this practice by 2025. Recent legislative developments and parliamentary assessments reveal both progress and persistent challenges.

Recent Legislative Developments

Child and Adolescent Labour (Prohibition and Regulation) Amendment Act, 2016

The most significant recent development was the 2016 amendment to the original 1986 Act, which introduced several key changes.

• Complete prohibition of employment of children below 14 years in any occupation

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The Right Against Exploitation in the Indian Constitution: A Shield for Human Dignity

The Right Against Exploitation, enshrined in Articles 23 and 24 of the Indian Constitution, serves as a fundamental safeguard against various forms of exploitation, including human trafficking, forced labour, and child labour. This right is crucial for ensuring human dignity, freedom, and social justice in India. It acts as a guardian for individuals, particularly vulnerable populations, protecting them from coercion and dehumanization.

 Constitutional Provisions

 Article 23: Prohibition of Trafficking and Forced Labor

Article 23 explicitly prohibits:

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Whether it is permissible to employ child as maid servant?

 The statement of the child and her mother appended to the final report in this case would show that the child was being treated just like the daughter of the petitioner in the house of the petitioner. The father of the child expired and in order to meet both ends, the mother of the child is doing the work of selling fish. She also used to come to the house of the petitioner for doing the work as a domestic servant. The victim stated that everybody in the house of the petitioner used to treat her with love and affection. The victim was never mentally or physically harassed by the petitioner or other inmates in the house. The victim stated that the victim likes continuing residence with the petitioner and his family. The mother of the victim collects Rs. 3000/- per month for the work done by the victim. The victim is aged above 14 years. She studied up to VIII standard in Tamil Nadu. After the death of the father of the girl, her mother had to come to Kerala for doing domestic work and the business of selling fish for the purpose of looking after the girl. In the said circumstances, the mother of the victim left her daughter in the house of the petitioner. It is true that she occasionally used to clean vessels and broom the floors of the house. There is absolutely no allegation that the child was under bondage or she was doing forced labour in the house of the petitioner. The materials produced by the prosecution before the court also do not support the prosecution case.

17. Having gone through the entire materials collected by the prosecution, I am satisfied that there is absolutely no allegation or material before the court to indicate that the child was kept in bondage by the petitioner for the purpose of employment. There is also no material or allegation to the effect that the petitioner withheld the earnings of the child or used her earnings for his own purpose. In the said circumstances, merely because there is allegation that the victim was engaged in the house of the petitioner as a maid servant, it cannot be said that there are ingredients to constitute the offence under Section 79 of the Act, particularly when the victim is aged above 14 years. It may also be noted that Article 24 of the Constitution of India does not prohibit the employment of children above the age of 14 years.

In the High Court of Kerala at Ernakulam

(Before B. Sudheendra Kumar, J.)

A Nizamudhin 

v.

The Station House officer 

Crl.M.C No. 588 of 2017

Decided on May 30, 2017

Citation: 2017 SCCONLINE Ker 7324

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Whether claimant can be denied compensation on ground that their daughter was working as child labour?

Other
submission was made by the learned counsel for the
insurance company that the age of the deceased was
around 14 years and she could not have been employed
for such work. This contention is also not acceptable. The
age is shown as about 14 years in the post mortem report.
The parents are illiterate. It is social and beneficial
legislation and so it needs to be presumed that the

deceased had completed 14 years of age. Further owner
of the vehicle has filed written statement and he has
admitted that he had employed the deceased as a labour.
Even if the deceased was below 14 years of age, this
Court holds that such defence could not have been
considered. If she was really below age of 14 years as per
the defence of the insurance company, in such cases
person employing child labour can be penalised but the
victims cannot be denied the compensation on that
ground.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
First Appeal No.2631 of 2013
Bharat S/o Piraji Jadhav,

Versus
 Rajkumar S/o Baliram Suryawanshi,

 CORAM: T.V. NALAWADE, J.

 DATE : 3rd MARCH 2016
Citation: 2016(2) ALLMR872

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