Supreme Court directs Centre to set up special cell to monitor child labour law enforcement

The Supreme Court has directed the Union Ministry of Women and Child Development to establish a special cell to oversee the implementation of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, and ensure strict compliance with its provisions, including amendments introduced in 2016.

The bench of Justice SVN Bhatti and Justice NV Anjaria also asked the Centre to issue instructions to enforcement agencies through the Chief Secretaries of all States to ensure that the amended law is effectively implemented.

The directions were issued while disposing of a writ petition challenging provisions of the 1986 legislation, particularly Section 3, which originally prohibited the employment of children only in specified hazardous occupations. The Court observed that subsequent changes to the law had addressed the concerns raised in the petition, but stressed that the authorities must ensure the amended provisions are fully enforced.

2016 amendment introduced wider prohibition

The petition challenged the original framework of the Child and Adolescent Labour Act, under which restrictions on employing children applied to specified hazardous occupations and processes.

However, Parliament amended the legislation in 2016, introducing a blanket prohibition on employing children below the age of 14 in all occupations and processes, subject to limited exceptions.

Under the amended provisions, children are permitted to assist their families in non-hazardous family enterprises after school hours or during vacations, provided the statutory conditions are met.

In view of these legislative changes, the bench held that the prayers made in the writ petition no longer survived for consideration. It decided not to examine the original challenges but underlined that the responsibility of ensuring complete and strict compliance with the amended law rested with the authorities concerned.

Centre asked to monitor implementation

The bench said the focus must now be on giving full effect to the changes introduced through Amendment Act No. 35 of 2016. It directed the second respondent, the Secretary of the Ministry of Women and Child Development, to constitute a special cell and continue monitoring the implementation of the Act.

The ministry has also been directed to issue instructions to enforcement agencies through the respective Chief Secretaries of the States. The Court said these measures were necessary to preserve the rights of children and adolescents and ensure that the statutory protections were implemented effectively.

In its order, 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."

It further stated that the respondents were responsible for ensuring "complete and strict compliance" with the mandate of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, including its amended provisions.

The Court added: "For the said purpose, with a view to preserving the rights of children/adolescents, we direct the second respondent to constitute a special cell, continue to monitor the implementation of the provisions of the Act and also issue directions to the enforcing agencies through the respective Chief Secretaries of the State, as amended through the Act No.35 of 2016."

Lawyers who appeared in the case

Advocate Prashant Bhushan appeared for the petitioner as the arguing counsel, along with AOR Prashant Bhushan, advocates Pranav Sachdeva, Sanyam Jain, Divya Santosh Mishra, Khushboo Singhal and P. Rohit Ram.

Additional Solicitor General Aishwarya Bhati appeared for the respondents, along with advocates Hemadri Sharma, Anupriya Srivastava, Mitali, Madhav Sinhal, Sansriti Pathak, Chitrangda Rashtaravara, Rajeshwari Shankar, Amrish Kumar, Arun Kumar Yadav, B.L.N. Sanjit, K. Rajeev, Niveditha R. Menon, Aditya Verma and Tarun Kumar.