CENTRAL GOVERNMENT YET TO BRING NOTIFICATION TO BAN EMPLOYMENT OF CHILDREN AS DOMESTIC WORKERS AND SERVANTS, IN DHABAS (ROAD-SIDE EATERIES)
Notification dated July 10, 2006 issued by ministry of Labour and Employment Is reproduced as under:-
MINISTRY OF LABOUR AND EMPLOYMENT
(Child Labour Section)
NOTIFICATION
New Delhi, the 10th July, 2006
S. O. 1029(E). In exercise of the powers conferred by Section 4 of the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), the Central Government hereby gives three months notice of its intention to add the following occupation in the Schedule to the said Act, namely :-
In the Schedule to the said Act, in Part A, under the heading Occupations, after item (13) and the entry relating thereto, the following items and entries shall be added, namely :-
(14) Employment of children as domestic workers or servants;
(15) Employment of children in the dhabas (road-side eateries), restaurants, hotels, motels, tea-shops, resorts, spas or other recreational centres.
[F. No. S-27012/3/97-CL]
S. K. SRIVASTAVA, Jt. Secy.
Footnote : The first notification to amend the Schedule was issued vide number S. O. 61, dated the 23rd December, 1986 and subsequently the same was amended vide number:-
(1) S. O. 404(E), dated the 5th June, 1989
(2) S. O. 263(E), dated the 29th March, 1994
(3) S. O. 36(E), dated the 27th January, 1999
and last amended vide notification number S. O. 293(E), dated the 10th May, 2001.
Section 4 of Child Labour (Prohibition and Regulation) Act, 1986 is reproduced as under:
4.Power to amend the Schedule The Central Government, after giving by notification in the Official Gazette, not less than three months notice of its intention do to do, may, by like notification, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly.
It is submitted that July 10, 2006 notification of Ministry of Labour and Employment is not sufficient in law to ban employment of children as domestic workers or servants in the dhabas (road-side eateries), restaurants, hotels, motels, tea-shops, resorts, spas or other recreational centres. In terms of Section 4 of Child Labour (Prohibition and Regulations) Act, 1986, the Central Government after issuing July 10, 2006 notification is required to issue further notification adding employment of children as domestic workers or servants in the dhabas (road-side eateries), restaurants, hotels, motels, tea-shops, resorts, spas or other recreational centres in the Part A of the Schedule to the Act. This further notification has to be issued by the Central Government after the expiry of three months period of notice of its intention. Earlier also, when items 52 to 57 in regard to electroplating, graphite powdering and incidental processing, grinding or glazing of metals, diamond cutting and polishing, extraction of slate from mines, rag picking and scavenging were added to Part B of the Schedule to the Act, the first notification of their intention was issued on July 28, 2000 whereas the further notification banning child labour in the aforesaid processes was issued on May 10, 2001.
The said two notifications dated July 28, 2000 and dated May 10, 2001 are reproduced as under:
Ministry of (Labour Child Labour Cell), Noti. No. S.O.700(E), dated July 28, 2000 published in the Gazette of India, Extra., Part II, Section 3(ii), dated 28th July, 2000, p.2, No. 495 [F. No.S-27012/3/97-CL]
In exercise of the powers conferred by Section 4 of the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), the Central Government hereby gives three months notice of its intention to a add the following process in the Schedule to the said Act, namely :-
In the Schedule to the said Act in Part B under the heading Processes:-
(i) for the item number (11) and the entries relating thereto, the following item number and entries shall be substituted, namely :-
Building and Construction Industry, including processing and polishing of granite stones
(ii) after item number (51) and the entries relating thereto, the following item numbers and the entries shall be inserted, namely:-
(52) Electroplating;
(53)Graphite powdering and incidental processing;
(54) Grinding or glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging
Ministry of Labour, Noti. No. S.O. 397(E), dated May 10, 2001 published in the Gazette of India, Extra., Part II, Section 3(ii), dated 10th May, 2001, p.2, No. 293
[F. No.S-27012/3/97-CL]
Whereas the draft of the proposal further to amend the Schedule to the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), hereinafter referred to as the said Act, was published as required by Section 4 of the said Act, in Part II, Section 3, sub-section (ii) of the Gazette of India, Extraordinary, dated the 28th July, 2000 under the notification of the Government of India in the Ministry of Labour, Number S O. 700(E), dated the 28th July, 2000 for inviting objections and suggestions from persons likely to be affected thereby within a period of three months from the date on which copies of the Gazette containing the said notification were made available to the public;
And whereas, the copies of the said suggestions received from the general public on the 31st July, 2000;
And whereas, the objections and suggestions received from the general public within the said period of three months on the said draft were considered by the Central Government;
Now, therefore, in exercise of the powers conferred by Section 4 of the said Act, the Central Government, after consultation with the Child Labour Technical Advisory Committee, hereby makes the following amendments further to amend the Schedule to the said Act, namely:-
In the Schedule to the said Act in Part B under the heading Processes:-
(i) for the item (11) and the entries relating thereto, the following shall be substituted, namely :-
Building and Construction Industry, including processing and polishing of granite stones
(ii) after item (51) and the entries relating thereto, the following shall be inserted, namely:-
(52) Electroplating;
(53)Graphite powdering and incidental processing;
(54) Grinding or glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging
It is submitted that we are welcoming the move of the Central Government in issuing the notification of July 10, 2006 but unless a further notification as required under Section 4 of the Act is issued by the Central Government, July 10, 2006 notification cannot in itself be considered as adequate notification putting ban to child labour in the employments specified therein. Therefore, the Central Government must immediately issue the further notification as required under the law.
It is submitted that the statement of our Prime Minister Mr. Manmohan Singh that the nation has pledged that children would not be engaged in any form of work at the cost of their right to education deserves to be appreciated. More than 90% of child labour is engaged in agriculture, which has not yet been prohibited by the Central Government. We therefore, demand that the Central Government should put complete ban to child labour in all its forms immediately.
The only mantra that could bring much awaited freedom to the children in bondage is complete ban on child labour and enforcement of right to free and compulsory education as guaranteed under Article 21 and 21 A of the Constitution of India.
Ashok Agarwal
Advocate
M: 9811101923
10.10.2006
Email – socialjurist@bol.net.in