Difference between an Ordinary Thief (OT) and a Political Thief (PT)

The Ordinary Thief steals your money, bag, watch, gold chain etc.
But, The Political Thief steals your future, career, education, health and business!

  • The hilarious part is: ..
    The Ordinary Thief will choose whom to rob.
    But, you yourself choose the Political Thief to rob you.
  • The most ironic one: ..
    Police will chase and nab the Ordinary Thief.
    But, Police will look after and protect the Political Thief!
  • The hilarious part is: ..
    The Ordinary Thief will choose whom to rob.
    But, you yourself choose the Political Thief to rob you.
  • The most ironic one: ..
    Police will chase and nab the Ordinary Thief.
    But, Police will look after and protect the Political Thief!

That’s the travesty and irony of our current society!
And, we blindly say we are not blind!

  • 4. The stupid part of the whole issue is that we insult and fight the Ordinary Thief but we Fight each other for the Political Thief.

Zero Agreement

An agreement which is not enforceable by law is called a void agreement.
• Under Section 20 of the agreement, the fact of the parties is void even if there is a mistake.
• Under Section 23 the agreement is void even if the consideration or purpose is illegal.

The agreement of doing the impossible is void under Section 56, etc. are examples of void agreement.
Here we will study about zero agreements under sections 25 to 30 of each tax.
Section 25 – Agreement without consideration is void except when it is written and registered, or is pledged to pay compensation for anything, or promise to pay any debt owed by limitation law.
The agreement made without consideration is void, except that –

  1. If an agreement is written and the time trend for registration of documents is registered under the law, due to the natural love and affection between the parties having close relationship with each other, then it will be valid even without consideration.
  2. A pledge to voluntarily compensate for former service.
    Illustration – A bag of ‘B’ is found ‘A’ and gives it to him. “B” promises to give 50 rupees to A, that is the contract.
  3. The pledge made for the payment of the term loan, if written and signed by the person to be charged or by his agent authorized by him in this behalf and it is made for the payment of part or full of the loan in which The lender gets the loan paid in the absence of decorum law.
    Illustration– ‘B’ is payable by Rs 1000 A but it is debited by the debt limit method. A signs a written promise to give Rs 500 to ‘B’ in the middle of that debt, it is a contract.
    Section 26. Restrictive Agreement of Marriage – “Every such agreement is void which is for the marriage of a person other than non-attainment”
    In this regard, there is a difference between Anglo law and Indian law. Where in the Anglo-law, the agreement is not void if the barrier is not complete, but in Indian law the agreement of marriage is void, even if that barrier is partial.
    Section 27- Barrier agreement of business is void -Every agreement whereby a person is barred in carrying out any lawful business or business shall be void till the extension of the barricade.

In case Madhu Chandra vs Rajkumar’s suit
The plaintiff and the defendant used to do the same business in the same locality. The defendant agreed with the plaintiff that if the plaintiff removed his shop from that locality, he would give some money.
The plaintiff removed the shop from the locality and demanded the said money but the defendant did not give the money. The plaintiff litigated. The Court held the agreement to be void under Section 27, the infringement in the suit being partial.
Thus, if an agreement prohibits a person from pursuing lawful occupation, business or business, the extent to which he holds will be void.
Exceptions– There are some exceptions to the appropriate general rule –

  1. If a person makes an agreement to sell the Goodwill to the Buyer and he says that within a certain limit, the business of which the Goodwill is selling will not be traded until the Buyer or his successor is in the business. If you do, then this agreement will be valid provided that such limit seems reasonable to the court keeping in mind the nature of business.
  2. If a servant or employee makes an agreement with his employer or employer that he will be in his service for a certain period and will not serve any other person during that period, then this agreement will be valid.
  3. Sometimes merchants or manufacturers doing the same business or business make agreements between themselves that they will not sell their goods below the fixed price and collect the profit in a common fund or divide the profit in a fixed proportion. If we do this agreement will not be void, but if it is done to establish a monopoly, then it will be void.

Unitary Transaction– If a seller or manufacturer makes an agreement with a buyer that he will sell the goods manufactured and produced by him only to that buyer, then such agreement is called unitary transaction. If such an agreement is made to establish a monopoly or a long-term blockage, it will be void.
In the case of Sheikh Kalu vs. Ram Rasan
In Patna city, the company made an agreement with all the combs that they would not sell all the combs that they would manufacture in their lifetime. The Court held the agreement void because it was intended to establish a monopoly.
Section 28- Restrictive agreement of legal proceedings is void. It declares the following types of agreements void –

  1. If an agreement prevents a party from enforcing the rights obtained under a contract or in relation to a contract by ordinary lawful proceedings in ordinary court, it is void, to the extent that it is withheld.
  2. Every agreement which at the end of a specified period terminates the right of any party under or about the contract or releases it from liability in such a manner that it blocks the party from enforcing its rights. Till that expansion is zero.

Exceptions– It has the following exceptions –

  1. Section 28 does not invalidate a contract whereby two or more persons enter into an agreement that the dispute arising between them shall be directed for arbitral decision and only in respect of the dispute so directed the amount that can be determined by such intermediary can be recovered.
  2. Section 28 does not invalidate any written contract whereby two or more persons enter into agreement to direct a question to arbitration which has already arisen between them.
    Section 29- Agreement is void due to uncertainty – The agreement, which does not mean definite or not definable, is void.
    In case of Guthing v. Lynn’s suit A horse was purchased on the condition that if the horse is lucky, the buyer will give five pounds more. It was held to be zero based on uncertainty. The Calcutta High Court stated that in future the contract will not be formed on the basis of agreement and it cannot be enforced.
    ‘A’ who is a coconut oil practitioner, contracts to sell “one hundred tons of oil” to ‘B’. The nature of the business of “A” reflects the meaning of these words and “A” has contracted to sell one hundred tons of coconut oil. But where “A” agrees to sell “A hundred tons of oil” to “B”. There is nothing in it to show what kind of oil was intended. The agreement is void due to uncertainty.
    Section 30- Agreement of Baji (Padyam) is void. Section 30 makes it clear that the contract of acceptance of betting is void and a suit cannot be brought to recover its amount.
    There are some exceptions to this, this section does not declare the agreement to make any donation or contribution which has been made to give any plate, prize or money valued at Rs. 500 or more to the winner of Ghudaud.
    Contemporary agreement relating to betting agreement Under section 30, the betting agreement is void but not invalid, so the non-betrothal agreement related to betting agreement will be enforceable.

In case of Benimadhav Das vs Kaushal Kishore in suit
The plaintiff lent the defendant some money to pay the lost amount in gambling. The court ruled that the plaintiff is entitled to recover the loaned amount.
Lottery- The agreement to give the prize money won on a lottery ticket is a betting agreement and it is void under section 30.
Its nature will not be enforced even in the event that an Act has been enacted by the Center or the State to control lottery related activities.
If a lottery is being organized with permission from the government, it will be a stake agreement and will be void as a result, the winner who won the lottery cannot institute a suit to collect the prize.

What is the process of death investigation in custody?


“Death in custody is one of the worst offenses in a civilized society governed by law”. When a policeman arrests a citizen, do their fundamental rights to life cease? Does the citizen’s right to life be arrested, Can be suspended after?
In fact, the answer to these questions should be “no” in a concrete way. –DK Basu vs. Supreme Court of West Bengal
Independent investigations into custody death / torture cases have been a major problem, at least in the early stages, due to the fact that the police themselves are asked to investigate against themselves. The Supreme Court has commented on the mutual ‘brotherhood’ of the police, which impedes consequential investigations in cases of violence in custody:
In many cases, investigations are later handed over to independent agencies such as the CBI, or special investigation teams, in most cases due to lawsuits fought by relatives of the victims. However, giving subsequent investigations to such agencies cannot assure any tangible results if the early critical stages of evidence gathering, such as post mortems, inquiries, etc., have been manipulated.
Keeping in mind this problem, a process of parallel magisterial investigation is envisaged immediately after the event. This is in accordance with Section 176 (1A) of the Code of Criminal Procedure, which has been inserted in the CRPC after amendment in 2005.
Section 176 (1) CRPC states that a magistrate, who has the right to inquire into cases of unnatural death, may inquire into the cause of death in addition to the investigation being conducted by the police officer. It is a general, empowering provision that gives magistrates the discretion to conduct such an investigation. Another fact is that such inquiry or investigation can be done by the Executive Magistrate or Judicial Magistrate.
On the other hand, section 176(1A) is a special provision to deal with cases of death, disappearance or rape in police custody. The provision states that in such cases, the judicial magistrate or metropolitan magistrate, in whose local jurisdiction the offense has been committed, shall conduct an inquiry in addition to the inquiry or investigation conducted by the police.

The section can be understood as follows:
This inquiry parallels the police investigation into death / rape / disappearance in custody.
This investigation cannot be done by an executive magistrate and must be done by a judicial magistrate.
This inquiry is mandatory (appears in section 176 (1) by the use of the word “shall”, which is different from the word “may”). Section 176 (5) inserted after the 2005 amendment empowers the magistrate to conduct such an investigation, within 24 hours of the person’s death, to send the body to the nearest civil surgeon for examination. If it is not possible to do so, the reasons must be recorded in writing.

High Court cannot convert itself into ‘Court of Appeal’ while considering petitions under Article 227: Supreme Court


The Supreme Court has once again said that while hearing a petition under Article 227 of the Indian Constitution, the High Court cannot convert itself into an Appellate Court.
In this case, the Controller of Rent and Eviction Officer, while approving the application of the owner of the disputed property, passed the final order to vacate the disputed premises under the Uttar Pradesh Urban Building (Regulation of Tenancy, Rent and Eviction) Act, 1972.
The aforesaid order was revoked by the District Judge while granting the revision petition filed by the tenant. The High Court had granted a petition filed by the owner of the disputed asset under Article 227 of the Constitution and set aside the order of the District Judge on the ground that the District Judge hearing the joint revision petition against the order vacating the disputed property and the final order By accepting for, the law was wrong.
A division bench of Justice Naveen Sinha and Justice BR Gavai held that the High Court ignored the legal position set out in the judgment of the three-judge bench in ‘Achal Mishra v. Ramashankar Singh’ case, specifically stating that even if one Even if the party does not challenge the order of eviction through writ petition, that party’s option to challenge the eviction order under section 18 with the final order issued under section 16 of the relevant law remains open. The bench said that in view of the matter, it was perfectly justifiable to interfere in the order issued by the District Judge’s rent controller and eviction officer.
By passing the High Court’s order, the Bench also said that it (the High Court) had exercised its jurisdiction under Article 227 of the Constitution by interfering with the logical order issued by the District Judge.
The bench said: “It is a founding principle of the law that the High Court cannot convert itself into an Appellate Court while exercising its jurisdiction under Article 227 of the Constitution. It is also a uniformly propounded principle that supervisory rights allow subordinate tribunals to exercise their jurisdiction. To keep within and monitor that they continue to abide by the law. It also states that the powers conferred under Article 227 of the Constitution are broad, but they are used in a restrained manner and only to subordinate courts and tribunals. It should be done to keep them within the purview of their jurisdiction, not just for rectification.”
The court said that the High Court exercised its jurisdiction under Article 227 of the Constitution in this case was clearly undesirable and unjustified. Case Name: Mohammad Inam vs Sanjay Kumar Singhal

What are the powers of Executive Magistrate in a dispute related to immovable property?


Disputes arise over any real property such as land or water. Disputes arising from this threaten to breach peace within the society and dissolve public order. Section 145, 146, 147 has been provided in the Code of Criminal Procedure to deal with such danger.
This section deals with the process of settlement in respect of disputes related to real property which is likely to disturb public peace. According to sub-section (1) of section 145, the report / information may be given to the Executive Magistrate if it is resolved on the basis of the report in this regard or on the basis of information received in any other way.
In order to take action under this section, it will be necessary that any dispute related to land or water should happen, which is likely to disturb the public peace. The Executive Magistrate can use his power only at a time when there is a great risk of disruption of public peace due to any dispute related to that land or water.
In such a case no judicial decision is rendered by the Executive Magistrate, in fact it is a preventive act, through which the Executive Magistrate uses to avoid the unrest arising out of the dispute and the ill effects of the deterioration of public order.
Section 145 Penal Procedure Code-
In the case of Fakir Chandra vs Manaram AIR 1957 Punjab 304, it is said – The basic objective of this section is to lay down the procedure for the speedy settlement of such disputes which are related to land or water and from which it is possible to disturb public peace.
There are two main reasons for the purpose of this section-
1) Dispute should be related to any real property land or water.
2) Public peace is likely to be disturbed by that dispute.
If there is a dispute in which the possibility of dissolution of public peace is negligible, then in such a situation Section 145 cannot be used. Section 145 can be used only when there is a danger of disturbing the prevailing public peace by a dispute over land or immovable property.
In the case of Mahant Ram Sumer Puri v. State of Uttar Pradesh AIR 1985 Supreme Court 477, it has been said that if the dispute pertains to any immovable property but there is no possibility of disturbing public peace, then in such a case, Section 145 was not taken Will be able to go.
In the case of Union of India v. Azimunnisa Khatoon AIR 2001 Guwahati, the Guwahati High Court while interpreting Section 145 clarified that the main purpose of the proceedings to be conducted under this section is to prevent the danger of breach of peace and not title (title) the question has to be decided.

Important Judgments of 2020 by Legalistic Path- Part 1

  1. Landlord-tenant disputes under Transfer of Property Act are arbitrable
    Case: Vidya Drolia and Ors.v.Durga Trading Corporation [2020 SCCOnLine SC 1018]
  2. Protection under Anticipatory Bail should not be fixed for limited period
    Case: Sushila Aggarwal v. State of NCT of Delhi [2020 5 SCC 1]
  3. Consumer Forum has no jurisdiction to extend time beyond 45 days for opposite party’s version
    Case: New India Assurance v. Hilli Multipurpose Cold Storage Pvt. Ltd. [2020 SCC OnLine SC 287]
  4. Supreme Court can refer questions of law to larger Bench when exercising review jurisdiction
    Case: Kantaru Rajeevaru v. Indian Young Lawyers Association Thr. Its General Secretary Ms. Bhakti Pasija & Ors. [2020 SCC OnLine SC 692]
  5. SARFAESI Act will apply to co-operative Banks as it does to commercial banks
    Case: Pandurang Ganpati v. Vishwasrao Patil Murgud Sahakari Bank Ltd [2020 SCC OnLine SC 431]
  6. Rights defined under Article 30 are not absolute, could be exercised as per regulation of the State
    Case: Christian Medical College Vellore Association v. Union of India & Ors. [2020 SCC OnLine SC 423]
  7. Shaheen Bagh Protests: Public spaces cannot be occupied indefinitely for expressing dissent
    Case: Amit Sahni v. Commissioner of Police, [2020 SCC OnLine SC 808]
  8. Supreme Court upholds constitutionality of levy of GST on lottery, betting
    Case: Skill Lotto Solutions v. Union of India 2020 SCC OnLine SC 990
  9. Hindu unmarried daughter entitled to claim maintenance from her father under Section 125 CrPC
    Case: Abhilasha v. Parkash [2020 SCC OnLine SC 736]
  10. Active involvement in the commission of offence not a pre- condition for common intention
    Case: Subed Ali v. State of Assam [2020 SCC OnLine SC 794]
  11. Stay by ‘any court’ in criminal/civil proceedings automatically expires within a period of 6 months unless extended for ‘good reasons’
    Case: Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, [Miscellaneous application no. 1577 OF 2020]
  12. States/UTs to install CCTV cameras in each and every police station
    Case: Paramvir Singh Saini v. Baljit Singh [2020 SCC OnLine SC 983]
  13. Offences prescribing maximum sentence of more than seven years but not providing minimum sentences are not ‘Heinous Offences’, but ‘Serious Offences’, under JJ Act
    Case: Shilpa Mittal v. State (NCT of Delhi), (2020) 2 SCC 787
  14. Procedure of dissolution of partnership firm which consists of only two partners
    Case: Guru Nanak Industries, Faridabad v. Amar Singh [2020 SCC OnLine SC 469]
  15. Non-payment of entire sale consideration cannot be a ground for cancellation of sale deed
    Case: Dahiben v. Arvindbhai Kalyanji Bhansuli (Gajra) (D) Thr LRs [2020 SCC OnLine SC 562]
  16. RERA does not bar initiation of proceedings by allotters against builders under Consumer Protection Act, 1986
    Case: Imperia Structures v. Anil Patni [2020 SCC OnLine SC 894]
  17. Show cause notic with intention to blacklist should clearly spell out such intention
    Case: UMC Technologies Ltd. v. Food Corporation of India [2020 SCC OnLine SC 934]
  18. Constitutional validity of SC/ST (Amendment) Act, 2018 upheld
    Case: Prithvi Raj Chauhan v. Union of India & Ors. [2020 4 SCC 727]
  19. Mandatory for political parties to publish pending criminal cases of their candidates
    Case: Rambabu Singh Thakur v. Sunil Arora & Ors. [2020 3 SCC 733]
  20. Daughters become equal coparceners at birth even if born prior to 2005 amendment to Hindu Succession Act
    Case: Vineeta Sharma v. Rakesh Sharma & Ors. [2020 SCC OnLine SC 641]
  21. Supreme Court allows service through instant tele-messenger services like WhatsApp, Email & Fax
    Case: In re Cognizance for Extension of Limitation [Suo Motu (C) No. 3/2020]
  22. “Kashmir Lockdown and Internet Shutdown” Anuradha Bhasin v Union of India
  23. “Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstance” Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr.
  24. “No Absolute Right Of Appointment For Minority Educational Institutions” : Supreme Court Upheld West Bengal Madrasah Service Commission Act.
    SK Md Raffique V. Managing Committee, Contai Rehmania High Madrasah
  25. “Juvenile Justice Act: Offences Prescribing Max Sentence Of More Than 7 Years But Not Providing Minimum Sentence Are Not ‘Heinous Offences’, But ‘Serious Offences”:
    Shilpa Mittal v State of NCT of Delhi and Another
  26. “5. Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule”
    Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly & Ors.
  27. “Validity of SC/ST Amendment Act 2018 upheld”: Prathvi Raj Chouhan vs Union of India
  28. A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup Under Any Circumstance: Supreme Court
  29. “SC Directs Political Parties To Publish Criminal Antecedents Of Candidates In LS & Assembly Polls”: Rambabu Singh Thakur vs Sunil Arora and others
  30. “Permanent commission for women in Navy and Army”: SC
    The Secretary, Ministry of Defence v Babita Puniya and others.
  31. Land acquisition : No Lapse Of Proceedings Under Old Act If Compensation Is Deposited In Treasury ; SC 5-Judge Bench Upholds Indore Development Authority Decision
    Indore Development Authority V. Manoharlal & Ors.
  32. Nirbhaya Case : Supreme court Dismissed Final Plea Of Convicts To Stay Execution After Past Midnight Hearing
  33. Supreme court Extended Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders On Account of COVID19
  34. Supreme Court Directed States/UTs To Consider Granting Parole To Prisoners In Lesser Offences To De-Congest Prisons
  35. ‘Ex Post Facto’ Environmental Clearance Unsustainable In Law: Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors.
  36. Supreme Court Quashes RBI Ban On Banking Services To Cryptocurrency Dealers: Internet and Mobile Association of India vs Reserve Bank of India

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Is the right to health a fundamental right?

It is not enough that if there is lack of disease or weakness in the body, then it can be called a healthy body, but health is considered as a state of complete physical, mental, spiritual and social health. It is also well known that health is one of the important standards of development of any country.
In the Corona-era, where health hazards have increased manifold, countries and its citizens around the world are struggling with this threat, due to which the entire world economy has also collapsed and every aspect of human life has been affected by this epidemic. Has taken its grip. When the health services everywhere from hospitals to hospitals have been badly affected, awareness of the right to health should also increase.
Right to health, a fundamental right?
In a welfare state it is the responsibility of the state to ensure that conditions are created for good health and their continuity is ensured. It is also true that the right to life, which is the most precious human right and which gives rise to the possibility of all other rights,
If we talk about our constitution then it is true that under it, right to health has not been specifically identified as a fundamental right, but through various decisions of the Supreme Court, Indian Right to Health has been considered as a fundamental right under the liberal interpretation of Article 21 of the Constitution.
We all know that Article 21 of the Constitution guarantees the right to life and personal liberty. Although there are various provisions under the Indian Constitution which are related to public health if seen on a large scale, Article 21 recognizes the right to health as a fundamental right.
In fact, the right to life includes other things related to the right to live with human dignity, that is, other necessities of life, such as adequate nutrition, clothing and shelter, and the ability to read, write and express oneself in diverse forms. And meeting and living with fellow human beings, etc.
At the same time, Article 47 of the Constitution of India, ‘Duty of the State to raise the level of nutrition and the standard of living and to improve public health’, raising the nutritional level and standard of living and improving public health.
Special things about Indian law on auto accident- According to some statistics, more than 500 vehicle accidents occur in India every day and many of them lose their lives in vehicle accidents.
The Motor Vehicle Act 1988 is enacted for vehicle accidents and for motor traffic. This is a central law passed by the Parliament of India.
Whenever there is a vehicle accident, some criminal cases also come out with the civil. These criminal cases are registered under some sections of the Indian Penal Code, the following are the cases.

Section 279- Section of the Indian Penal Code is used for driving or hacking with impetus. The offense in this section is recorded in any vehicle accident.
It is known here that in the case of rash driving or haphazard manner, it is not necessary to result in loss of life or property as a result, the probability is sufficient for this, that is, the loss of property and life in this accident does not have to be. If the vehicle is being driven impatiently and there is no damage, the offense can be registered under this section. This is a cognizable section; the section carries imprisonment of up to 6 months.

Section 337- This clause is applicable to any damage caused due to the act of rashness. If a person is impatiently driving a vehicle and any damage is caused to someone by driving such a vehicle, it gets damaged, etc. In such a situation, a case under section 337 is filed.
Imprisonment up to 6 months can be given under this section. There is a difference between section 279 and 337 that section 279 is applicable in driving the vehicle with impetus under any circumstances but section 337 is applicable only in case of damage. An offense of section 337 is registered only when there is damage to property or body.

Section 338- Section 338 of the Indian Penal Code is registered in the case of gross harm caused by hastiness. This section can carry both fines and imprisonment up to 2 years. In any case of felony, the offense of section 338 is registered, but such felony should be due to rashness only then section 338 is applied.
Section 304A- This clause is applicable in case of death by neglect. In this section, due to hastiness or neglect of a person or due to any work which he has not done intentionally, but hastiness was in that work and if such an act leads to death, then it is a crime to be registered in this section. In most of the cases where a serious accident occurs in a vehicle accident, serious incidents like death also occur. This section is used in such cases.
Thus the provisions of this section are applicable in such cases where death is done without intention. Such an act is done which has the knowledge that it is possible to cause death.

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Prespectives and Challenges of Child Labour

Introduction and History

  • Child labour is one of the oldest problems in our society and still an ongoing issue. During the time, child labor evolved from working in agriculture or small handicraft workshops to being forced into work in factories in the urban setting as a result of the industrial revolution.
  • Children were very profitable assets since their pay was very low, were less likely to strike, and were easy to be manipulated.
  • Socio-economic disparities and lack of access to education are among others contributing to the child labor. Religious and cultural beliefs can be misguiding and concealing in delineating the limits of child labor.
  • Child labor prevents physical, intellectual, and emotional development of children. To date, there is no international agreement to fully enforced child labor. This public health issue demands a multidisciplinary approach from the education of children and their families to development of comprehensive child labor laws and regulations.
  • With the increase of education, economy, and the emergence of labor laws, child labor decreased. However, child labor is still a widespread problem in many parts of the world in developed and developing countries. With the development of agriculture, children were again forced to be employed mostly by the families rather than factories. The main cause of child labor is the lack of schools and poverty.
  • Child labour is an old problem well rooted in human history. Children were exploited to various extents during different periods of time. The problem was common in poor and developing countries.
  • In the 1800’s, child labour was part of economic life and industrial growth. Children less than 14 years old worked in agriculture, factories, mining, and as street vendors.
  • Children from poor families were expected to participate to the family income, and sometimes they worked in dangerous conditions in 12-hour shifts. In the 1900’s, in England, more than a quarter of poor families lost their children to diseases and death, endangering their extra financial support.
  • Boys worked in glass factories in high heat in three shifts because the furnaces were kept fired all the time to increase productivity, while girls were forced into prostitution. In 1910, it was estimated that more than two million children in the United States were working.  Children are future citizens of the Nation and their adequate development is utmost priority of the country.
  • Unfortunately, child labour engulfs children across the world. The world is home to 1.2 billion individuals aged 10-19 years.
  • However, despite its menace in various forms, the data shows variation in prevalence of child labour across the globe and the statistical figures about child labour are very alarming.
  • There are an estimated 186 million child labourers worldwide. The 2001 national census of India estimated total number of child labour aged 5–14 to be at 12.6 million. Small-scale and community-based studies have found estimated prevalence of 12.6 million children engaged in hazardous occupations. Many children are “hidden workers” working in homes or in the underground economy.
  • Although the Constitution of India guarantees free and compulsory education to children between the age of 6 to 14 and prohibits employment of children younger than 14 in 18 hazardous occupations, child labour is still prevalent in the informal sectors of the Indian economy.
  • Child labour violates human rights, and is in contravention of the International Labour Organization (Article 32, Convention Rights of the Child).
  • About one-third of children of the developing world are failing to complete even 4 years of education. Indian population has more than 17.5 million working children in different industries, and incidentally maximum are in agricultural sector, leather industry, mining and match-making industries, etc.
  • The term “child labor” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical-mental development.
  • It refers to work that is mentally, physically, socially or morally dangerous and harmful to children, and interferes with their schooling by depriving them of the opportunity to attend school, obliging them to leave school prematurely or requiring them to attempt to combine school attendance with excessively long and heavy work.
  • The statistical figures about child workers in the world have variation because of the differences in defining categories of age group and engagement of children in formal and informal sector.

LAW AND CHILD LABOUR

The policy curbing child labor exists but lack of enforcement of labour restrictions perpetuates child labour. This is manifested in variation in minimum age restriction in different types of employment. The International Labour Office reports that children work the longest hours and are the worst paid of all labourers. In India, the Child Labour (Prohibition and Regulation) Act 1986 and Rules state that no child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on. For this purpose, “child” means a person who has not completed his 14th year of age. The Act prohibits employment of children in certain specified hazardous occupations and processes and regulates the working conditions in others. The list of hazardous occupations and processes is progressively being expanded on the recommendation of the Child Labour Technical Advisory Committee constituted under the Act.

FORMS OF CHILD LABOUR

Children are employed in both formal and informal sectors. Among the occupations wherein children are engaged in work are construction work, domestic work and small-scale industries. Incidentally, agriculture is not only the oldest but also the most common child occupation worldwide. Some of the industries that depend on child labor are bangle-making, beedi-making, power looms and manufacturing processes. These industries use toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos. Child labor is very harmful and wholehearted efforts to eliminate this should be done.

THE CONSEQUENCES OF CHILD LABOUR

  • The negative impact on the physiological and psychological levels of children includes specific concerns of child labour and its consequences on mental health. It is worth noting that one-third of children of the developing world are failing to complete even 4 years of education. The analysis of factors leading to engagement of children in hazardous factors elucidated socioeconomic factors as one of the important determinants. Poverty is considered as one of the contributory factors in child labour.
  • Mental well being is less frequently researched in child labour. A retrospective study in randomly examined 200 children working in the handicraft sector and found a high prevalence of respiratory, digestive and skin conditions, as well as mental health presentations such as migraines, insomnia, irritability, enuresis and asthenia.
  • In a cross-sectional survey, urban Lebanese children aged 10–17, working full-time in small industrial shops, were compared with non-working matched school children.
  • Majority of them had poor physical health, predominantly marked with skin lesions or ear complaints and social care needs.
  • Similarly, authors aimed to find out consequences in children in Lebanon exposed to solvents, and found significantly higher rates of lightheadedness, fatigue, impaired memory and depression compared with a non-exposed group.
  • A cross-sectional study in Addis Ababa, Ethiopia, used diagnostic interviews to assess prevalence of mental disorders in 528 child laborers and street workers, child domestics and private enterprise workers aged between 5 and 15 years.
  • The prevalence of mental disorders was noted to be as high as 20.1% compared with 12.5% in the general population. Further study to establish the association between labor-related variables and mental health problems was carried out among 780 children engaged in labor (aged 9–18 years) in the Gaza Strip.
  • Mental health problems of children in labor were likely to be associated with socioeconomic determinants as well as factors related to their underage employment.
  • The physical and social consequences are deliberated by researchers; however, mental health area has not been explored so much. Studies are lacking even in Indian scenario regarding impact of child labor on mental health.

INTERVENTION AND CHILD LABOUR

  • Education is a very important part of development. Children who are drawn to child labor are basically driven because of economic deprivation, lack of schooling and engagement of family for daily needs.
  • Studies have found low enrollment with increased rates of child employment.
  • Schools are the platform for early intervention against child labor, as it restricts their participation in menial jobs. Hurdles in this approach are economic reasons. Unless economic change is brought about, the children will not be able to attend the school.
  • Child labor can be controlled by economic development increasing awareness and making education affordable across all levels, and enforcement of anti child labor laws.
  • The Government of India has taken certain initiatives to control child labor. The National Child Labor Project (NCLP) Scheme was launched in 9 districts of high child labor endemicity in the country. Under the scheme, funds are given to the District Collectors for running special schools for child labor. Most of these schools are run by the NGOs in the district. Under the scheme, these children are provided formal/informal education along with vocational training, and a stipend of Rs. 100 per month. Health check-up is also done for them.
  • Child labour is morally and ethically unacceptable. United Nations Children’s Fund (UNICEF) was the first international body that signed in 1989 the Convention on the Rights of the Children.
  • It is for the first time in history when children are seen as humans with rights rather than economic assets of their parents.
  • Child labour was defined as labor that harms the health of the children and deprives them of education rights. This law does not exclude children that work for their families.

CULTURAL BELIEFS AND CHILD LABOUR

Cultural beliefs have an important role in encouraging child labor. In developing countries, people believe that work has a constructive effect on character building and increases skill development in children. There is a tradition in these families, where children follow the parents’ footsteps and learn the job from an early age. Some cultural beliefs may contribute to the misguided concept that a girl’s education is not as important as a boy’s education, and therefore, girls are pushed into child labor as providers of domestic services. In India, not putting a child to work means the family would not make enough income to sustain their living. Socio-cultural aspects such as the cast system, discrimination, and cultural biases against girls contribute to child labor.

RELIGION AND CHILD LABOUR

It is generally accepted that parents have the fundamental right to educate and raise their children. Parents almost always try to act in the child’s best interest at the best of their knowledge and beliefs. In doing so, they are reasonably motivated by their intellectual growth, social development, and at times by spiritual salvation. Oftentimes, parents seek guidance in religion to shape the upbringing of their children and to enhance their progress. Hard work is among others, an important religious value to instill from a young age.

ARGUMENTS FAVORING CHILD LABOUR

Despite all these international and national measures against child labor, there are arguments in favor of child labor. Some argue that poor families would be even poorer without the supplemental financial contribution of children. Lack of money will deprive them of the basic needs of food and shelter which will decrease their survival rate. In addition, an increase in poverty would make children even more susceptible to exploitation.

The supporters of these ideas argue that the benefit of creating a safe workplace and allowing children to work is helpful in certain situations. They also emphasize that child work is not child labor as long as it does not interfere with schooling and children have safe workplace conditions with a limited number of hours per day.

CONCLUSION

Poverty is one of the important factors for this problem. Hence, enforcement alone cannot help solve it. The Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families. Many NGOs like CARE India, Child Rights and Global March against Child Labour, etc., have been working to eradicate child labor in India. The child labor can be stopped when knowledge is translated into legislation and action, moving good intention and ideas into protecting the health of the children. The endurance of young children is higher and they cannot protest against discrimination. It is in this context that we have to take a relook at the landmark passing of the Right of Children to Free and Compulsory Education (RTE) Act 2009, which marks a historic moment for the children of India. For the first time in India’s history, children will be guaranteed their right to quality elementary education by the state with the help of families and communities. The world cannot reach its goal to have every child complete primary school by 2015 without India. Although there have been significant improvements in the proportion of children from socially disadvantaged groups in school, gaps still remain. Girls are still less likely to enroll in school than boys; in 2005, for upper primary school (Grades 6–8) girls’ enrollment was still 8.8 points lower than boys, for Scheduled Tribes (ST) the gender gap was 12.6 points and it was 16 points for Scheduled Castes (SC). RTE provides a ripe platform to reach the unreached, with specific provisions for disadvantaged groups such as child labourers, migrant children, children with special needs, or those who have a disadvantage owing to social, cultural economical, geographical, linguistic, gender or such other factors. Bringing 8 million out-of-school children into classes at the age-appropriate level with the support to stay in school and succeed poses a major challenge. Successful implementation of the Act would certainly go a long way in eradicating child labour in India.

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