BANDHUA MUKTI MORCHA ETC. versus UNION OF INDIA AND ORS .

BANDHUA MUKTI MORCHA ETC. versus UNION OF INDIA AND ORS .

Children below 14 years are entitled to all fundamental rights including education and health; employment of such children is prohibited under Article 24 and the State has a duty under Articles 45, 39(e), and 39(f) to ensure their welfare, progressively eliminate child labour, and provide compulsory education and associated support. Immediate total ban is not feasible; progressive elimination must start with hazardous sectors, and welfare alternatives must be implemented.

Parties
Petitioner: Bandhua Mukti Morcha; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
21 February 1997
Procedural Posture
Writ Petition (civil) / Final Disposition/order
Outcome
Writ petitions disposed of subject to directions.
Legal Topics
Child Labour, Prohibition of Child Employment, Right to Education, Compulsory Education, Minimum Age for Employment, Welfare and Rehabilitation, State Obligations, Directive Principles
Constitutional Law Child Welfare Law Labour Law Human Rights Law Child Labour Prohibition of Child Employment Right to Education Compulsory Education +4 more

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Parties

Bandhua Mukti Morcha

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposition/order

Legal Issues

  1. 1 Whether employment of children below 14 years is violative of Article 24 of the Constitution.
  2. 2 Whether omission by the State to provide welfare facilities and opportunities deprives them of constitutional mandates under Articles 45, 39(e), 39(f), 21, 14.

Ratio Decidendi

Children below 14 years are entitled to all fundamental rights including education and health; employment of such children is prohibited under Article 24 and the State has a duty under Articles 45, 39(e), and 39(f) to ensure their welfare, progressively eliminate child labour, and provide compulsory education and associated support. Immediate total ban is not feasible; progressive elimination must start with hazardous sectors, and welfare alternatives must be implemented.

Court Disposition

Writ petitions disposed of subject to directions.

Orders

  • Government of India to convene meeting of concerned Ministers and State Principal Secretaries to evolve policy for progressive elimination of employment of children below 14 years in all employments.
  • Steps to be evolved consistent with M.C. Mehta’s scheme to provide compulsory education, periodical health check-up, nutritious food, and responsibility for implementation.