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The Child Labour (Prohibition and Regulation) Act, 1986

PREAMBLE

[61 of 1986]

lna-1 An Act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:

Comment : Strictly speaking a strong case exists to invoke the aid of an Art. 41 of the Constitution regarding the right to work and to given meaning to what has been provided in Art. 47 relating to rising of standard of living of the population, and Arts. 39(e) and (f) as to non-abuse of tender age of children and giving opportunities and facilities to them to develop in healthy manner, for asking the State to see that an adult member of the family, whose child is in employment in a factory or a mine or in other hazardous work, gets a job anywhere, in lieu of the child. This would also see the fulfilment of the wish contained in Art. 41 after about half a century of its being in the paramount parchment like primary education desired by Art. 45, having been given the status of fundamental right by the S. C. decision in 1993 AIR SCW 863. Supreme Court however, not asked the State at this stage to ensure alternative employment in every case covered by Art. 24, as Article 41 speaks about right to work "within the limits of the economic capacity and development of the State". M.C. Mehta, Petitioner v. State of T.N. AIR 1997 SUPREME COURT 699



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