BANDHUA MUKTI MORCHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 32 of the Constitution has been filed by way of public interest litigation seeking issue of a writ of mandamus directing the Government to take steps to stop employment of children in Carpet Industry in the State of Uttar Pradesh; to appoint a Committee to investigate into their conditions of employment; and to issue such welfare directives as are appropriate for total prohibition on employment of children below 14 years and directing the respondents to give them facilities like education, health, sanitation, nutritious food, etc.

(2.) The main contention of the petitioner-group is that employment of the children in any industry or in a hazardous industry, is violative of Article 24 of the Constitution and derogatory to the mandates contained in Article 39(e) and (f) and 45 of the Constitution read with the Preamble. Pursuant to the filing of the writ petition, this Court appointed Prem Bhai and others to visit factories manufacturing carpets and to submit their findings as to whether any number of children below the age of 14 years are working in the carpet industry etc. The Commissioner submitted his preliminary report. Subsequently, by Order dated August 1, 1991, this Court appointed a Committee consisting of Shri J.P. Vergese, Ms. Gyansudha Mishra and Dr. K. P. Raju to go around Mirzapur area and other place where carpets are being weaved to find out whether children are being exploited and to submit a comprehensive report. In furtherance thereof, a comprehensive report was submitted on November 18, 1991. The matter was heard and arguments were concluded. The judgment was reserved by proceedings dated October 18, 1994. Since the judgment could not be delivered, the matter was directed to be posted before a Bench consisting of S. Saghir Ahmad, J. We have heard the counsel on both sides.

(3.) The primary contention by the petitioner on behalf of the children below the age of 14 years, is that the employment of children by various carpet weavers in Varanasi, Mirzapur, Jaunpur and Allahabad areas is violative of Article 24. The report of the Committee discloses the enormity of the problem of exploitation to which the children are subjected. Children ranging between 5 to 12 years having been kidnapped from the Village Chhichhori (Patna Block, District Palamau in Bihar) in January and February, 1984 in three batches and were taken to village Bilwari in Mirzapur District of U.P. for being engaged in carpet weaving centres. They are forced to work all the day. Virtually, they are being treated as slaves and are subjected to physical torture revealed by the presence of marks of violence on their person. The Commission/Committee visited 42 villages and found in all 884 looms engaging 42% of the work force with the children below the age of 14 years. The total number of children are 369; 95% of them are of tender age ranging between 6 to 11 years and most of them belong to the Scheduled Castes and Scheduled Tribes. Despite pursuation, they could not be released and continue to languish under bondage. The Commission visited several villages, personally contacted the parents of the children in different places and found that the children were taken against their wishes and are wrongfully forced to work as bonded labour in the carpet industries. They have furnished the list of the children whom they contacted and the list of the carpet industries whereat the children were found engaged. The question, therefore, is:Whether the employment of the children below the age of 14 years is violative of Article 24 and whether the omission on the part of the State to provide welfare facilities and opportunities deprives them of the constitutional mandates contained in Articles 45, 39(e) and (f), 21, 14 etc.