A bench comprising Justice SVN Bhatti and Justice NV Anjaria instructed the Secretary of the Ministry of Women and Child Development to constitute a special cell tasked with monitoring compliance with the legislation. The Centre has also been directed to communicate necessary instructions to enforcement agencies through the Chief Secretaries of the respective States.
The directions came while the Court was considering a writ petition challenging provisions of the 1986 Act, particularly Section 3, which initially restricted the employment of children only in certain hazardous occupations.
2016 Amendment Changes Scope Of Child Labour Prohibition
The petition questioned the legal framework governing child labour. However, the Court noted that the 2016 amendment had substantially altered the position of law.
The amendment introduced a comprehensive prohibition on employing children below the age of 14 in all occupations and processes, subject to limited statutory exceptions.
Under the amended provisions, children are permitted to assist in non-hazardous family enterprises after school hours or during vacations, provided the prescribed statutory conditions are fulfilled.
In view of these legislative changes, the bench observed that the reliefs sought in the petition no longer required judicial consideration. However, the Court stressed that the amended law must be implemented effectively, with the authorities bearing responsibility for ensuring strict compliance.
Centre Asked To Ensure Effective Enforcement Across States
While disposing of the petition, the Supreme Court underscored that the legislative changes introduced through the Child and Adolescent Labour (Prohibition and Regulation) Amendment Act, 2016, must translate into effective protection for children and adolescents.
The bench observed:
“We take note of the writ prayers, the orders passed by this Court and also the amendment to the parent Act. We are of the view that the prayer, as made, in the writ petition does not survive for further consideration but what remains to be taken note of is giving complete and full effect to the changes introduced by way of amendment Act No. 35 of 2016.”
The Court further stated that strict implementation of the amended legislation was the responsibility of the concerned authorities.
Emphasising the need to safeguard the rights of children and adolescents, the bench directed the Ministry of Women and Child Development to establish a special cell, continuously monitor the enforcement of the Act and issue appropriate directions to enforcement agencies through the Chief Secretaries of the States.
The petition was accordingly disposed of, with the Court declining to examine the original prayers in light of the changes brought about by the 2016 amendment.
The focus now shifts to ensuring that the amended law is enforced in practice and that the statutory safeguards against child labour are fully implemented.