M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) "I am the child.

(2.) Our Constitution makers, wise and sagacious as they were, had known that India of their vision would not be a reality if the children of the country are not nurtured and educated. For this, their exploitation by different profit makers for their personal gain had to be first indicted. It is this need, which has found manifestation in Art. 24, which is one of the two provisions in Part IV of our Constitution on the fundamental right against exploitation. The framers were aware that this prohibition alone would not permit the child to contribute its mite to the nation - building work unless it receives at least basic education. Art. 45, was, therefore, inserted in our paramount parchment casting a duty on the State to endeavour to provide free and compulsory education to children. (It is known that this provision in Part IV of our Constitution is, after the decision by a Constitution Bench of this Court in Unni Krishnan, J. P. v. State of A. P., 1993(1) SCC 645, has acquired the status of a fundamental right). Our Constitution contains some other provisions also to which Court shall advert later, desiring that a child must be given opportunity and facility to develop in a healthy marmer.

(3.) Despite the above, the stark reality is that in our country like many others, children are exploited lot. Child labour is a big problem and has remained intractable, even after about 50 years of our having become independent, despite various legislative enactments, to which Court shall refer in detail subsequently, prohibiting employment of a child in a number of occupations and avocations.