M.C. MEHTA versus STATE OF.TAMIL NADU

M.C. MEHTA versus STATE OF.TAMIL NADU

Child labour in hazardous occupations is prohibited under Article 24 and must be eradicated by a combination of employer liability and governmental intervention. Every offending employer must pay compensation for each child employed. Appropriate governments must provide alternative employment to adult family members or deposit funds for the child's rehabilitation. The enforcement of these provisions is essential to fulfill constitutional mandates on education and protection of children.

Parties
Petitioner: M.C. Mehta; Respondent: State of Tamil Nadu; Respondent: Government of India
Jurisdiction
India
Judgment Date
10 December 1996
Procedural Posture
Writ Petition (c) No. 465 of 1986 / Disposition of Petition; Final Judgment
Outcome
Petition disposed of with issued directions.
Legal Topics
Child Labour, Prohibition of Hazardous Child Employment, Enforcement of Fundamental Rights, Public Interest Litigation
Constitutional Law Labour Law Child Rights Child Labour Prohibition of Hazardous Child Employment Enforcement of Fundamental Rights Public Interest Litigation

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Parties

M.C. Mehta

Petitioner

State of Tamil Nadu

Respondent

Government of India

Respondent

Procedural Posture

Writ Petition (c) No. 465 of 1986 / Disposition of Petition; Final Judgment

Legal Issues

  1. 1 Whether children below 14 years can be employed in hazardous occupations
  2. 2 What reliefs and mechanisms can ensure abolition and rehabilitation of child labour
  3. 3 Implementation of Constitutional and statutory protections for child workers

Ratio Decidendi

Child labour in hazardous occupations is prohibited under Article 24 and must be eradicated by a combination of employer liability and governmental intervention. Every offending employer must pay compensation for each child employed. Appropriate governments must provide alternative employment to adult family members or deposit funds for the child's rehabilitation. The enforcement of these provisions is essential to fulfill constitutional mandates on education and protection of children.

Court Disposition

Petition disposed of with issued directions.

Orders

  • Employers must pay Rs. 20,000 for each child employed in contravention of the Act; compensation to be deposited in Child Labour Rehabilitation-cum-Welfare Fund.
  • Government to provide alternative employment to an adult family member or deposit Rs. 5,000 per child into the Fund.