Child Labour Act validity challenged

The Gauhati high court here on Monday issued notice to the Government of India in connection with a writ petition challenging the constitutional validity of Child Labour Act 1986.

The high court bench comprising acting Chief Justice T. Vaiphei and Justice P.K. Saikia has directed the government of India to file a reply on the issue before December 11, the next date for hearing of the petition.

The Assam State Commission for Protection of Child Rights and child rights activist M.M. Sengar have challenged the constitutional validity of Child Labour Act 1986 highlighting that the said Act is ultra-virus on the basis of constitutional provisions, international laws and Supreme Court judgments. The petitioners have highlighted in details plight of the children in Assam as well as in the rest of the country and prayed to the court to direct the Government of India towards elimination of difference in the definition of child by age as prescribed by the Juvenile Justice (Care and Protection of Children) Act 2000 and Child Labour (Prohibition and Regulation) Act 1986 to a conformity of 18 years, as per the commitment to the UN Committee on Rights of the Child.

The Petitioners have filed the instant writ petition in public interest under Article 226 of the Constitution of India challenging the constitutional validity of Section 2(ii), Part II and Part III of the Child Labour (Prohibition and Regulation) Act, 1986 and to uphold the provisions of the Constitution of India for the protection of children by eliminating unlawful child labour practices across the country. The petition is also aimed at to prevent commercial and other exploitation of children from hazardous and other work, which becomes a hindrance in their comprehensive development and leads to deprivation of primary, secondary and higher education.

Advocate Debasmita Ghosh represented Assam State Commission for Protection of Child Rights and Advocate Mahendrasingh M.Sengar represented himself for the petition.