Holding

Child labour involving persons below 14 years is unconstitutional under Article 24, and the State must progressively eliminate such employment while providing compulsory education, health, nutrition and other welfare measures.

Summary

The Bandhua Mukti Morcha filed a public‑interest writ under Article 32 seeking a total ban on employment of children below 14 years in the carpet industry of Uttar Pradesh and direction to provide education, health, nutrition and other welfare facilities. The Court examined evidence showing widespread child‑bondage, physical abuse and violation of constitutional provisions, particularly Article 24, and the Directive Principles under Articles 39(e), 39(f) and 45. It held that child labour below the age of 14 is unconstitutional and that the State must progressively eliminate such employment, beginning with the most hazardous occupations, while simultaneously providing compulsory education, health check‑ups, nutritious food and shelter. The Court reiterated directions from M.C. Mehta v. State of Tamil Nadu for the Government to convene a meeting of the concerned Ministers to formulate policies for the progressive eradication of child labour and to submit periodic reports. The petitions were disposed of subject to these directions.

Issues considered

Whether the employment of children below 14 years in the carpet industry violates Article 24 of the Constitution.
Whether the State’s failure to provide education, health and other welfare facilities breaches Articles 39(e), 39(f), 45, 21 and 14.
Whether a total prohibition on child labour is constitutionally required or a progressive ban with welfare measures is appropriate.
Whether the Court can direct the Government to formulate and implement policies for the elimination of child labour.

Subjects

child labourArticle 24Directive Principlescompulsory educationpublic interest litigationcarpet industryUttar Pradeshconstitutional rights of childrenwelfare measures

Judgment

BANDHUA MUKTI MORCHA ETC. A
v.

... UNION OF INDIA AND ORS .

FEBRUARY 21, 1997

B
[K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.]

Constitution of India, 1950:

Articles 24, 32, 39(e) and (f) and 45-<:hild Labou~rohibition
on-Carpet industry in State of U.P.-Engaging children below 14 years of C
age-Bandhua Mukti Morcha filing writ petition under Public Interest Litiga-
tion seeking total prohibition on employment of children below 14 years and
direction to respondents to give the children facilities like education, health
sanitation, nutritious food etc.-Held, like th~ citizens, children are equally
entitled to all the fundamental rights including right to education, health, D
meaningful right to life-Compulsory education to these children is one of the
principal means and primary duty of the State for stability of democracy,
social integration and to eliminate social tension:-lt would be incumbent
upon the State to provide facilities and opportunity as enjoined under Article
39 (e) and (f) and to prevent exploitation of their childhood due to indigence
and vagrancy-Exploitation of their childhood due to poverty is detrimental E
to democracy and social stability, unity and integrity of the nation----However,
total banishment of employment may drive the children and mass them up
into destitution and other mischievous environment making them vagrant,
hard criminals and social risks, etc.-Therefore, while exploitation of child
must be progressively banned, other simultaneous alternatives should be F
evolved including providing education, health care, nutrient food, shelter and

-
other means of livelihood with self respect and dignity of person-Immediate
ban of child labour would be both unrealistic and counter productive-- It
must begin from most hazardous and intolerable activities like slavery,
bonded labour, trafficking, prostitution, pornography and dangerous f onns of
labour and the like-Directions given in this regard in M.C. Mehta's case* are G
feasible and inevitable-Their speedy implementation is needed-Government
directed to convene a meeting of the Ministers concerned of respective State
Governments to evolve the principles of policies for progressive elimination
of employment of children below 14 years of age in all employments as
mentioned in M.C. Mehta's case*-Directions given to evolve steps consistent H
379
380 SUPREME COURT REPORTS (1997] 2 S.C.R:

A with M.C. Melita's case to provide compulsory education, periodical health
check up, nutrient food, entrust responsibility for implementation of the
principles, and to submit periodical reports to the Registry of this Court:
Public Interest Litigation-Universal Declaration of Human Rights: Articles 26,
28 and 31(1).

B *M.C. Mehta v. State of Tamil Nadu & Ors., [1996] 6 SCC 756,
reiterated.

J.P. Unnikrishnan v. State of Andhra Pradesh, (1993] 1 SCC 642 and
Maharashtra State Board of Secondary and Higher Education v. K.S. Gandhi,
C (1991] 2 SC~ 716, relied on.
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 12125
of 1984 Etc.

(Under Article 32 of the Constitution of India.)
D With

Writ Petition (C) No. 11643 of 1985.

U.S._ Prasad, E.M.S. Natchippan, Ms. K. Hingorani for the
E Petitioners:

Rakesh Dwivedi, Addi. Adv. General, R.B. Misra and T.N. Singh for
the State of U.P.
' , ~

R.P. Shrivasatava, L.K. Gupta and C.V.S. Rao for the Respondents.

F B.B. Singh for the State of Bihar.

The following Order of the Court was delivered :

This writ petition under Article 32 of the Constitution has been filed
I
by way of public interest litigation seeking issue of a writ of mandamus •
G directing the Government to take steps to stop employment of children in
Carpet Industry in the State of Uttar Pradesh; to appoint a Committee to
investigate into their conditions of employment; and to issue such welfare
directives as are appropriate for total prohibition on employment of J
children below 14 years and directing the respondents to give them
H facilities like education, health, sanitation, nutritious food, etc.
BANDHUAMUKTI MORCHAv. U.O.I. 381

The main contention of the petitioner-group is that employment of A
the children in any indust~y or in a hazardous industry, is violative of
Article 24 of the Constitution and derogatory to the mandates contained
in Articles 39(e) and 45 of the Constitution read with the Preamble.
Pursuant to the filing of the writ petition, this Court appointed Prem Bhai
and others to visit factories manufacturing carpets and to submit their B
findings as to whether any number of children below the age of 14 years
are working in the carpet industry etc. The Commissioner submitted his
preliminary report. Subsequently, by order dated August 1, 1991, this Court
appointed a Committee consisting of Shri J.P. Vergese, Ms. Gyansudha
Mishra and Dr. K.P. Raju to go around Mirzapur area and other places
where carpets are being weaved to find out whether children are being c
exploited and to submit a comprehensive report. In furtherance thereof, a

- comprehensive report was submitted on November 18, 1991. The matter
was heard and arguments were concluded. The judgment was reserved by
proceedings dated October 18, 1994. Since the judgment could not be·
delivered, the matter was directed to be posted before a Bench consisting D
of S. Saghir Ahmad, J. We have heard the counsel on both sides.

The primary contention by the petitioner on behalf of the children
below the age of 14 years, is that the employment of children by various
carpet weavers in Varanasi, Mirzapur, Jaunpur and Allahabad areas is
violative of Article 24. The report of the Committee discloses the enormity E
of the problem of exploitation to which the children are subjected. Children

-
ranging between 5 to 12 years having been kidnapped from the Village
Chhichhori (Patna Block, District Palamau in Bihar) in January and
February, 1984 in three batches and were taken to village Bilwari in
Mirzapur District of U.P. for being engaged in carpet weaving centres. F
They are forced to work all the day. Virtaally, they are being treated as
slaves and are subjected to physical torture revealed by the presence of
marks of violence on their person. The Commission/Committee visited 42
villages and found in all 884 looms engaging 42% of the work force with
the children below the age of 14 years. The total number of children are
369; 95% of them are of tender age ranging between 6 to 11 years and most G
of them belong to the Scheduled .Castes and Scheduled Tribes. Despite
pursuation, they could not be. released and continue to languish under
bondage. The Commission visited several villages, personally contacted the
parents of the children in different places and found that the children were
taken against their wishes and are wrongfully forced to work as bonded H
382 SUPREME COURT REPORTS (1997] 2 S.C.R.

A labour in the carpet industries. They have furnished the list of the children
whom they contacted and the list of the carpet industries whereat the
children were found engaged. The question, therefore, is: whether the
employment of the children below the age of 14 years is violative of Article
24 and whether the omission on the part of the State to provide welfare
B facilities and opportunities deprives them of the constitutional mandates
contained in Articles 45, 39(e) and (f), 21, 14 etc.?

Child of today cannot develop to be a. responsible and productive
member of tomorrow's society unless an environment which is conduCive
to his social and physical health is assured to him. Every nation, developed
C or deyeloping, links its future with the status of the child. Childhood holds
the potential and also sets the limit to the future development of the
society. Children are the greatest gift to the humanity. Mankind has best
hold of itself. The parents themselves live for them. They embody the joy
of life in them and in the innocence relieving the fatigue and drudgery in
D their struggle of daily life. Parents regain peace and happiness in the
company of the children. The children signify eternal optimism in the
human being and always provide the potential for human development. If
the children are better equipped with a broader human output, the society
will feel happy with them. Neglecting the children means loss to the society
as a whole. If children are deprived of their childhood - socially, economi-
E cally, physically and mentally-the nation gets deprived of the potential
human resources for social progress, economic empowerment and peace
and order, the social stability and good citizenry. The founding fathers of
the Constitution, therefore, have emphasised the importance of the role of
_the and the need of its best development. Dr. Bhim Rao Ambedker, who
F was far ahead of his time in his wisdom projected these rights in the
Directive Principles including the children as beneficiaries. Their depriva-
tion has deleterious effect on the efficacy of the democracy and the role
of law.

G Article 39 (e) of the Constitution enjoins that the State shall direct
its policy towards securing the health and strength of workers, men and
woman; and the children of tender age will not be abused; the citizens
should not be forced by economic necessity to enter avocations unsuited
to their age or strength. Article 39 (f) enjoins that the State shall direct its
policy towards securing that children are given opportunities and facilities
H to develop in a healthy manner and in conditions of freedom and dignity
BANDHUAMUKTI MORCHAv. U.O.I. 383

and their childhood and youth are protected exploitation and against moral A
and material abandonment. Article 45. mandates that the State shall en-
deavour to provide free and compulsory education for all children until
they compiete the age of 14 years. The period of ten years provided therein
has lost its relevance since as on date, more than 78 million out of 405
million children, 78% of them are employed between the age of 5 to 14 B
years without any basic and elementary education, health, access to
nutrient food and leisure. Article 24 of the Constitution prohibits employ-
ment of the children in factories etc., so that no child below the age of 14
years shall be employed to work in any factory or mine or engaged in any
other hazardous employment. Article 21 mandates that no person shall be
deprived of his life or personal liberty except according to the "procedure C
established by law" which this Court has interpreted to mean "due process
of law". The bare of the poverty is the root of the child labour and they are
being subjected to deprivation of their meaningful right to life, leisure,
food, shelter, medical aid and education. Every child shall have, without
any discrimination on the ground of caste, birth, colour, sex, language, D
religion, social origin, property or birth alone, right to health, well being,
education and social protection. Article 51-A enjoins that it shall be the
duty of every citizen to develop scientific temper, humanism and the spirit
of inquiry and to strive towards excellence in all spheres of individual and
collective activities so that the nation constantly rises to higher levels of
endeavour and achievement. l.f nless facilities and opportunities are E
provided to the children, in particular handicapped by social, economic,
physical or mental disabilities, the nation stands to lose the human resour-
ces and good citizens. Education eradicates illiteracy and provides a means
to economic empowerment and opportunity to life of culture. Article 26(1)
of Universal Declaration of Human Rights assures that everyone has the F
right to education which shall be free, at least at the elementary and
fundamental stages. Elementary education shall be compulsory. Technical
and professional education shall be made available and higher education
shall equally be accessible to all on the basis of merit. Education enables
development of human personality and strengthens the respect for human
rights and fundamental freedoms. It promotes understanding, tolerance G
and friendship among people. It is, therefore, the duty of the State to
provide facilities and opportunities to the children driven to child labour
to develop their personality as responsible citizens.

Due to poverty, children and youth are subjected to many visible and H
384 SUPREME COURT REPORTS [1997] 2 S.C.R.

A invisible sufferings and disabilities, in particular, health, intellectual and
social degradation and deprivation. The Convention on the Rights of the
Child which was ratified by the Government of India on November 20, 1989
recognises the right of the child for full and harmonious development of
his or her personality. Child should grow up in a family environment, in an
B atmosphere of happiness, love and understanding. The child should be fully
prepa.red to live an individual life in society. Article 3 provides that in all
actions concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be the primary consideration.
Article 27(1) provides that the State parties recognise the right of every
C child to a standard of living adequate for the child's physical, mental,
spiritual, moral and social development. Article 28 provides thus:

"l. State Parties recognise the right of the child to education, and
a view to education, and with a view to achieving.this right progres-
sively and on the basis of equal opportunity, they shall, in par-
D ticular:

(a) Make primary education compulsory and available free to all:

(b) Encourage the development of different forms of secondary
E education, including general and vocational education, make them
available and accessible to every child, and take appropriate
measures such as the introduction of free education and offering
financial assistance in case of need:

(c) Make higher education accessible to all on the basis of capacity
F by every appropriate means:

(d) Make educational and vocational information and guidance
available and accessible to all children:

(e) Take measures to encourage regular attendance at schools and
G the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that
school discipline is administered in a manner consistent with the
child's human dignity and in conform"ity with the present Conven-
H tion.
BANDHUA MUKTI MOR CHA v. U.O.I. 385

3. States Parties shall promote and encourage international co- A
operation in matters relating to education, in particular with a view
to contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and tech-
nical knowledge and modem teaching methods .in this regard.
Particular account shall be taken of the needs of developing B
countries."

- Article 31(1) recognises the right of the child to rest and leisure, to
engage in play and recreational activities appropriate to the age of the child
and to participate freely in cultural life and the arts. Article 32(1) which is
material for the purpose of this case reads as under: C
''1. State Parties recognize the right of the child to be protected
from economic exploitation and from performing any work that is
likely to be hazardous or to interfere with the child's education,
or to be harmful to the child's health or physical, mental, spiritual,
moral or social development. D
2. State Parties shall take legislative, administrative, social and
educational measures to ensure the implementation of the present
article. To this end, and having regard to the relevant provisions
of other international instruments. States parties shall in particular
E
(a) Provide for a minimum age or minimum ages for admission to
employment:

(b) Provide for appropriate regulation of the hours and conditions
of employment:
F
(c) Provide for appropriate penalties or other sanctions to ensure
the effective enforcement of the present article."

Article 36 states that States parties shall protect the child against all
other forms of exploitation prejudicial to any aspects of the child's welfare.
No doubt the Government, while ratifying the Convention with a reserva- G
tion of progressive implementation of the governance, reminded itself of
the obligations undertaken thereunder, but they do not absolve the State
in its fundamental governance of the imperatives of Directive Principles of
the Constitution, particularly, Articles 45, 39(e) and (f), 46 read with the
Preamble, Article 21, 23 and · 24 of the Constitution rendering socio- H
386 SUPREME COURT REPORTS [1997] 2 S.C.R.

A economic justice to the child and their empowerment, full growth of their
personality - soeially, educationally and culturally-with a right to leisure and .
opportunity for development of the spirit of reform, inquiry, humanism and
scientific temper to improve excellence - individually and collectively.

B In Maharashtra State Board of Secondary and Higher Education v.
K.S. Gandhi, (1991] 2 SCC 716, right to education at .the secondary stage
was held to be a fundamental right. In J.P. Unnikrisnan v. State of Andhra
Pradesh, [1993] 1 SCC 642, a Constitution Bench had held education upto
the age of 14 years to be a fundamental right; right to health has been held
to be a fundamental right; right to potable water has been held to be a
C fundamental right. The child is equally entitled to all these fundamental
rights. It would, therefore, be incumbent upon the State to provide facilities
and opportunity as enjoined under Article 39(e) and (f) of the Constitution
and to prevent exploitation of their childhood due to indigence and vagran-
cy. As stated earlier, their employment ~ either foreed or voluntary - is
D occasioned due to economic necessity; exploitation of their child.hood due
to poverty, in particular, the poor and the deprived sections of the society,
is detrimental to democracy and soeial stability, unity and integrity of the
nation.

Various· welfare enactments made by the Parliamant and the ap-
E propriate State Legislatures are only teasing illusions and a promise of
unreality unless they are effectively implemented and make the right to life
to the child driven to labour a reality, meaningful and happy. Article 24 of
the Constitution prohibits employment of the child below the age of 14
years in any factory or mine or in any other hazardous employment, but it
F is a hard reality that due to poverty ehild is driven to be employed in a
factory, mine or hazardous employment. Pragmatic, realistic and construc-
tive steps and actions are required to be taken to enable the child belonging
to poor, weaker sections, Dalit and Tribes and minorities, enjoy the
childhood and develop its full blossomed personality - educationally, intel-
lectually and culturally - with a spirit of inquiry, reform and enjoyment of
G leisure. The child labour, therefore, must be eradicated through well-
planned, poverty-focussed allievation, development and imposition of trade.
actions in employment of the children etc. Total banishment of employ-
ment' may drive the children and mass them up into destitution and other
mischievous· environment, making them vagrant, hard criminals and social
H risks etc. Therefore, while exploitation of the child must be progressively
BAND HUA MUKTI MOR CHA v. U.O.L 387

banned, other simultaneously alternatives to the child should be evolved A
including providing education, health care, nutrient food, shelter and other
means of livelihood with self-respect and dignity of person. Immediate ban
of child labour would be both unrealistic and counter-productive. Ban of
employment of children must begin from most hazardous artd intolerable
activities like slavery, bonded labour, trafficking, prostitution, pornography B
and dangerous forms of labour and the like.

Illiteracy has many adverse effects in a democracy governed by rule
of law. A free educated citizen could meaningfully exercise his political
right, discharge social responsibilities satisfactorily and develop spirit of
tolerance and reform. Therefore, education is compulsory. Primary educa- C

- tion to the children, in particular, to the child fr~Il! poo_t;: weaker sections,
Dalits and Tribes and minorities is mandatory. The basic education and
employment-oriented vocational education should be imparted so as to
empower the children within these segments of the society to retrieve them
from poverty and, thus, develop basic abilities, skills and capabilities to live D
meaningful life economic and social empowerment. Compulsory education,
therefore, to these children is one of the principal means and primary duty
of the State for stability of the democracy, social integration and to
eliminate social tensions.

In M.C. Mehta v. State of Tamil Nadu & Ors., (1996] 6 SCC 756, this E
Court has considered the constitutional perspectives of the abolition of the
child labour and the child below 14 years of age in the notorious Sivakasi
Match industries. It has mentioned in para 12 of the judgment the number
of total workers and the child workers employed in the respective in-
dustries in the country. It has surveyed various enactments which prohibit F

--
employment of the child; the details thereof are not necessary to be
reiterated. In para 27, it has noted the causes for failure to implement the
constitutional mandate and has given various directions in that behalf. We,
therefore, reiterate the directions given therein as feasible and inevitable.
We respectfully agreeing with them and reiterate the need for their speedy
implementation. G

We are of the view that a direction needs to be given that the
Government of India should convene a meeting of the concerned Ministers
of the respective State Governments and their Principal Secretaries holding
concerned Departments, to evolve the principles of policies for progressive H
388 SUPREME COURT REPORTS [1997) 2 S.C.R.

A elimination of employment of the children below the age of 14 years in all
employments governed by the respective enactments mentioned in M. C.
Mehta's case; to evolve such steps consistent with the scheme laid down in
M.C. Mehta's case, to provide (1) compulsory education to all children
either by the industries itself or in co-ordination with it by the State
Government to the children employed in the factories, mine or any other
B industry, organised or unorganised labour with such timings as is con-
venient to impart compulsory education, facilities for secondary, vocational
profession and higher education; (2) apart from education, periodical
health check-up; (3) nutrient food etc.; (4) entrust the responsibilities for
implementation of the principles. Periodical reports of the progress made
C in that behalf be submitted to the Registry of this Court. The Central
Government is directed to convene the meeting within two months from
the date of receipt of the order. After evolving the principles, a copy
thereof is directed to be forwarded to the Registry of this Court.
-
Shri Rakesh Dwiv~di, learned Additional Advocate General of U.P.
D and Shri B.B. Singh, learned counsel for the State of Bihar, have taken
notice on behalf of the States of Uttar Pradesh and Bihar respectively. They
are directed to obtain the copy of the judgment and send the same to the
respective States and to ensure implementation of directions issued by this
Court from time to time to implement the welfare measure envisaged in
E the above orders until the principles and policies are evolved in the
aforedirected conference and implemented throughout the country.

Post this matter after three months.

The writ petitions are accordingly, disposed of subject to the above
directions.

R.P. Petitions disposed of.