New Delhi: The Supreme Court has directed the Centre to constitute a special cell and monitor the implementation of the provisions of the Child Labour Amendment Act, 2016, which prohibits the employment of child labour in hazardous industries.
A bench of Justices SVN Bhatti and NV Anjaria directed the Ministry of Women and Child Development to issue directions to the enforcing agencies through the respective chief secretaries of the States in this regard.
Observing the need to protect the welfare of minors, the bench emphasized that in order to preserve the rights of children and adolescents, the authorities must establish a dedicated unit to continuously oversee adherence to the law and coordinate with state-level administrative bodies as amended under Act No. 35 of 2016.
Advocates Prashant Bhushan and Pranav Sachdeva represented the petitioner NGO, Health For Millions, during the proceedings.
The Child Labour Amendment Act of 2016 revised the foundational Child Labour Act of 1986 and officially came into force on September 1, 2016, enacting a complete ban on child employment and prohibiting the engagement of children below the age of 14 across all occupations and processes.
The underlying legal challenge was initiated through a public interest plea filed in 2009, which originally contested the constitutional validity of the proviso to Section 3 of the 1986 Act. That exception had previously permitted child labor within the hazardous process of beedi rolling in workshops under the category of family labor, as well as in government-aided or funded schools. The original petition also requested orders compelling the Centre to provide proper educational facilities and two daily midday meals to affected young workers.
During the hearings, counsel representing the Centre argued that because the parent legislation had since been amended, the core grievances raised by the petitioner had been substantially resolved, rendering the petition effectively moot.
The top court acknowledged that the specific operational prayers outlined in the initial writ petition no longer required active consideration, but stressed that the primary focus must shift toward securing complete and full implementation of the reforms introduced by the 2016 amendment.
Concluding its directive, the Supreme Court stated that it was persuaded not to examine the older prayers further, while placing the responsibility squarely on the respondents to ensure total and strict compliance with the mandate of the Child and Adolescent Labour Act alongside its updated provisions.