M.C. MEHTAversusSTATE OF TAMIL NADU AND ORS.

                           M.C. MEHTA
A
                                v.
                  STATE OF TAMIL NADU AND ORS.

                              OCTOBER 31, 1990

B         [RANGANATH MISRA, CJ. AND M.H. KANIA, J.]

         Constitution of India: Articles 39(f) & 45: Children employees of
    match factories of Sivakasi-Safety and well being of-Directions
    regarding.

          In terms of Article 39(1) of the Constitution childhood and youth
c   are to be protected against exploitation and given facilities to develop in
    a healthy manner. In terms of Article 45 they are meant to be subjected
    to free and compulsory education until they complete the age of 14
    years. Economic necessity, however, forces grown up children to seek
    employment.
D
           The petitioner assailed the employment of children in match
    factories in the respondent State by way of public interest litigation.
    The manufacturing process in such factories is hazantous one so much
    so that almost every year, notwithstanding improved techniques and
    special care taken accide11ts including fatal cases occur. Working condi-
E   tions involve health hazards too.

          Disposing of the writ petition, the Court,.

          HELD: I. Employment of children within the match factories
    directly connected with the manufacturing process upto final produc-
F   tion of match sticks or fireworks should not at all be permitted. They
    can, however, be employed in the process of packing which should be
    done in an area away from the place of manufacture to avoid exposure
    to accident. [5200-G]

          2. They should be given at least 60 per cent of the prescribed
G   minimum wage for an adult employee in the factories doing the same
    job. [521A]

         3. Under the Factories Act, there is a statutory requirement for'
    providing facilities for recreation and medical attention. The respon-
    dent State is directed to enforce these two aspects so that the basic
H   requirements are atl!lnded to. Attention mliy also be given to ensure

                                        518

            ..
                         M.C. MEHTA v. STATE OF TAMIL                519

provision of a basic diet t" these children during the working period
                                                                            A
with a view to ensuring sound physical growth. Facilities for general
education as also job oriented education should be made a•ailable to
them and the school time should be so adjusted that employment is not
affected. [521G-H]

      4. The State shall take appropriate steps in the matter of creating   B
the welfare fund and rmalising the method of contribution and collec-
tion thereof by 1st January, 1991 so that the consolidated money would
be available for implementing welfare schemes. [521E·F]

      5. The State shall also ensure that every employee working in
these match factories is compulsorily insured for a sum of Rs.S0,000.
The premium for the insurance policy should be the liability of the         c
employer to meet as a condition of service. [522A·B]

       6. A committee consisting of the District Judge of the area, the
District Magistrate of the District, a public activist operating in the
area, a representative of the employees and local labour officer to over-   D
see all the directions of the Conrt. [522D]

        ORIGINAL JURISDICTION: Writ Petition (Civil) No. 465 of
1986.

        (Under Article 32 of the Constitution of India)                     E

        Petioner in person.

        V. Krishnamurthy for the Respondents.

        The following Order of the Court was delivered:                     F

      This petition under Article 32 of the Constitution has been
brought before·this Court by way of a Public Interest Litigation and is
connected 1;ith the problem of employment of children in Match
factories of Sivakasi in Kamaraj District of Tamil Nadu State. On
notice the State has filed its return.                                      G

      Sivakasi has been the traditional centre for manufacture of
match boxes and fire works for almost the whole country and a part of
its output is even exported. From the affidavit of the State it appears
that as on December 31, 1985, there were 221 registered match
factories in the area employing 27338 workmen of whom 2941 were             H
    520         SUPREME COURT REPORTS                [1990) Supp. 2 S.C.R.

    children. We would have been happy to have updated particulars but
A
    for disposal of this case total figure and the proportion between adult
    workmen and children perhaps may be taken as the foundation.

          The manufacturing process of mathces and fireworks is hazard-
    ous one. Judicial notice can be taken of the fact that almost every year,
B   notwithstanding improved techniques and special care taken, acci-
    d~nts including fatal cases occur. Working conditions in the match
    lactorics are such that they involve health hazards in ·nonnal courn: and
    apart from the special risk involved in the process of manufacturing,
    the adverse effect on health is a serious problem. Exposure of tender
    aged to these hazards requires special attention.
c         It is a fact that the problem has been in existence for over half a
    century, if not earlier, and no appropriate attention has been focussed
    on it either by the Government or the public. We are, therefore,
    thankful to Mr. Mehta for having brought this matter before the Court
    for receiving judicial consideration.
D
           We are of the view that employment of children within the match
    factories directly connected with the manufacturing process up to final
    production of match sticks or fireworks should not at all be permitted.
    Article 39(f) of the Constitution provides that 'the State\should direct
    its policy towards securing that children are given opportunities and
E   facilities to develop in a healthy manner and in conditions of freedom
    and dignity and that childhood and youth are protected against exploi-
    tation and against moral and material abandonment.'

          The· spirit of the Constitution perhaps is that children should not
    be employed in factories as childhood is the formative period and in
p   terms of Article 45 they are meant to be subjected to free and com-
    pulsory education until they complete the age of 14 years. The provi-
    sion of Article 45 in the Directive Principles of State Policy has still
    remained a far cry and though according to this provision all children
    up to the age of 14 years are supposed to be in school, economic
    necessity forces grown up children to seek employment.
G
          Children can, therefore, be employed in the process of packing
    but packing should be done in an area away from the place of manu-
    facture to avoid exposure to accident. We are also of the view and
    learned counsel on both sides have agreed that minimum wage for
    child labour should be fixed. We take note of the fact that the tender
H   hands of the young workers are more .suited to sorting out the
                        M.C. MEHTA"v. STATE OF TAMIL                   521

.nanufactured product and process it for the purposes of packing; We
are, therefore, of. the opinion that in consideration     of.their special'
adaptability at least 60% of the.prescribed minimum wage·for an adult'
employee in the. factories doing the same job should be given to them".:
Our indicating the minimum wage .does not stand in the way·of pre-·
scription of a higher rate if the State is satisfied that a higher rate is
viable.                                                                       B

      It is necessary that special facilities for providing the quality of
life of children should be provided.· This would require . .facility for
education; scope for recreation as also· providing opportunity for
socialisation. Facility for general education as also job oriented educa•
tion should be available and the school time should be so adjusted that
employment is not affected .
                                                                              c

      .We are happy to notice· that the learned counsel for the State of
Tamil .Nadu has suggested the creation of a Welfare Fund to which the
registered match factories can be asked to contribute. Governmen"t
can decide as to whether contribution should be at a fixed rate per           b
factory or made commensurate to the volume of production. Learned
qmnsel for the State of Tamil Nadu has agreed ihat the State would be
ready to contribute a matching grant to the Fund and even if neces'
sary, a little more funds could be provided so that facilities for educa-
tion and recreation can be provided for the children working in the
factories we direct that the State of Tamil Nadu shall take appropriate       E
steps in the matter of creating the welfare fund and finalising the
method of contribution and collection thereof so that the welfare fund
may be set up by 1st January, 1991.'The matching contribution by the
State can be put into the fund by the end of the financial year 1990-91
so that the consolidated money would be available for implementing
welfare scheme.                                                               F

      Under the Factories Act there is a statutory requirement for
providing facilities for recreation and medical attention. The State of
Tamil Nadu is directed to enforce these two aspects so that the basic
requirements are attended to. We have been told by learned counsel
for the State that mobile medical vans have been provided by UNICEF           c
and are regularly coming to the area. He has told us further that four
mobile vans are likely to be provided. The State is directed to take
immediate steps to ensure provision of additional facilities on this
score. Attention may be given to ensure provision of a basic diet
during the working period and medical care with a view to ensuring
sound physical growth. We are of the opinion that compulsory insu-            H
    522        SUPREME COURT REPORTS               [ 1990] Supp. 2 S.C.R.

A   ranee scheme should be provided for both adult and children emp-
    loyees taking· into consideration the hazardous nature of employ-
    ment. The State of Tamil Nadu shall ensure that every employee work-
    ing in these match factories is insured for a sum of Rs.50,000 and the
    Insurance Corporation, if contacted should come forward with a viable
    group insurance scheme to cover the employees in the match factories
B   of Sivakasi area. The premium for the group insurance policy should
    be the liability of the employer to meet as a condition of service.

          Though we are disposing of this petition with these directions we
    are cognizant of the position that all the problems relating to employ-
    ment of children are not covered by the present directions. We leave it
c   open either to Mr. Mehta or some other agency to move the Court as
    and when necessary for further order.

        We require that there shall be a committee to oversee all our
  directions and it shall consist of the District Judge of the area, the
  District Magistrate of Kamaraj district, a public activist operating in
D the area, a representative of the employees and local labour officer.
  The State of Tamil Nadu is directed to deposit Rs.3,000 in the Registry
  of this Court within four weeks for being given to Mr. Mehta for
  meeting his expenses.

    P.S.S.                                            Petition disposed of.