The Maharashtra government has reduced the cut-off age for child labour in hazardous industries from 18 to 14.
The Maharashtra government has reduced the cut-off age for child labour in hazardous industries from 18 to 14.
A government resolution issued by the state labour department on March 2 stated that anyone employing children below 14 in hazardous industries will be prosecuted and fined Rs20,000 for each child employed.
The state’s “regressive” step has shocked child labour activists.
Child labour is banned in hazardous industries. In 2006 the state government had raised the cut-off age for child labour from 14 to 18, in keeping with the Juvenile Justice Act, 2000, which defines a working child as anyone below 18.
Assistant public prosecutor MM Deshmukh submitted the fresh resolution to the Bombay High Court on Friday. The issue of child labour was brought to the HC’s notice by retired HC judge Ratnakar Shetty, who wrote to the court in 2005 after reading about a child who died after being harassed while working in an embroidery unit.
The then HC chief justice converted the letter into a suo motu PIL. The state government had assured the court that it would eliminate the worst form of child labour by 2008 and completely eliminate it by 2010. “We have missed the 2008 deadline, but are hopeful of meeting the 2010 deadline to make Maharashtra child labour-free,” state labour minister Nawab Malik told DNA on Friday. Malik said that increasing the cut-off age to 18 in 2006 was “wrong”. He pointed out that the Child Labour (Prohibition and Regulation) Act, 1986 bans children below 14 from working in hazardous industries.
“We cannot exceed that mandate,” he said.
Child rights activists said the state’s move smacks of administrative convenience. “The JJ Act is a progressive and subsequent legislation. Instead of abolishing all forms of child labour, the labour department is limiting its rescue and rehabilitation operations to children below 14,” said Santosh Shinde of the Bal Prafulta, an NGO against child labour.
The HC has sought feedback on the resolution in four weeks from advocate Rebecca Gonsalves, who has been appointed amicus curie (friend of court) in the case.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}