MAHESH KUMAR GARG Vs. STATE OF U P

JUDGEMENT

(1.) 'Child Labour' is a universally acknowledged problem with so un-proportionate and explosive dimensions that it had been a cause of serious concern since long and all Acts. Regulations and declarations made in this behalf had not been able to meet the challenge, effectively. The Child Labour (Prohibition and Regulation) Act, 1986 (hereinafter referred to as the 'Act' for short) was promulgated looking to the fact that although there were number of Acts which prohibit the employment of children below 14 and 15 years in certain specified employment but there was no procedure laid down in any lay for deciding in which employment's occupations or processes, the employment of children should be banned. It was also found that there was also no law to regulate the working conditions of the children in most of the employments where they were not prohibited from working in exploitative conditions. The Act intended to :

(2.) With the aforesaid objects the Act was enforced wherein a person who has not completed 14 years of age was defined as a 'Child' under Section 2, Sub-clause (ii) of the Act. Section 2, Sub-clause (iv) defines establishment which includes a shop, commercial establishment, workshop for residential hostel, restaurant, eating house, theater or other place of public amusement or entertainment. In view of Section 2. Sub-clause (x) workshop means any premises (including the precints thereof) wherein any industrial process is carried on but does not include any premises, to which the provisions of Section 67 of the Factories Act, 1948 (Act No. 48 of 1948) for the time being, apply.

(3.) Part-II of the Act which contains Sections 3, 4 and 5 deals with the prohibition of the employment of children in certain occupations and process. Section 3 reads as under :-