Judicial Activism: A special reference to child labour Page 1 of 20

TABLE OF CONTENTS

1. Declaration……………………………….….………………………2

2. Certificate………………………………………………………… ...3

3. Acknowledgement………………………….……………………….5

4. Objective, Research Methodology……….………………………...6

5. Introduction………………………………………………………...7
4.1What is Judicial Activism…………….…………………………8

6. Deciphering the Roots of Child Labour……………. 9

7. Juvenile Justice:……………………………………...... 10

8. Constitution…………….………………………………. 11
7.1 Legislation……………………………………….…. 12
7.2 Judiciary………………………………………..….. 12
7.3 Policies And Schemes……………………………… 12

9. NGOs, Private Sector and Local Actors…………..…. 13

10.Cooperation Across Sector…………………………… 14

9.1 State As An Legitimate Actor……………………. 15
9.2 Civil Society Advocacy…………………………… 15
9.3 Transform Societal Mindset……………………... 16

11. Laws pertaining to Child Labour ……….……............... 19

12.Cases
11.1 Firozabad Bangles………………………………… 19
11.2 Sivakasi Fireworks Industries……………………. 20

13. Pictures…………………………………………………………… 21

14.Bibliography……………………………………………. 24
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Objectives:

 The general objective of this project report is to discuss about Judicial Activism in
child Labour.
 The origin of Judicial Activism.
 Judicial Activism in Child Labour in India.

Research Methodology:

This project work is descriptive & analytical in approach. It is largely based on the analysis
of articles and references based on the Indian Legal System. Books & other references as
guided by faculty of Legal Methods are primarily helpful for the completion of this project.
 Judicial Activism: A special reference to child labour Page 3 of 20

Introduction:

The role of the India Judiciary and the scope of judicial interpretation have expanded
remarkably in recent times, partly because of the tremendous growth of statutory intervention
in the present era. The judiciary plays an important role in the protection of fundamental
rights of the citizen and non-citizens alike.

The twin safeguards of equality before law and equal protection of laws are acknowledge as
two of the most important pillars of human rights of the universe of freedom that is where
ever freedom to assert human rights is recognized, whether under an unwritten or a written
constitution. India is the largest democracy in the world, a sovereign, socialist, secular
democratic and republic with a comprehensive charter of rights written into its constitution.
The Indian Constitution lays down base on which its foreign policy should be constructed and
its international obligations respected. These bases are articulated principally in Article 51,
which occurs in Part IV of the Indian Constitution.

The true nature and scope of the function of the court has since long been a matter of debate
almost in all the countries regulated by written Constitution. Austinian Jurisprudence gives a
very narrow view of the judicial function. Austin defined law as a command of the political
sovereign and his sovereignty was indivisible and absolute, only the legislature could make
law. The function of the court was merely to declare the pre-existing law or to interpret the
statutory law. But on the other hand, the realist movement in the United State the latest
branch of sociological Jurisprudence which concentrates on decisions of law courts. Regards
and contend that law is what court says.

For them, judges are the law makers. The entire common law is the creation of the English
courts but is posited on the myth that judge merely found law. Even with such self-negating
perception of their own role, the English judges not only made law but also changed it to suit
entirely new conditions created by the industrial revolution.In this modern era Judicial
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What is Judicial Activism?

Blacks law dictionary1 defines judicial activism as a judicial philosophy which motives judge
to depart from strict adherence to precedents in favour of progressive and new policies which
are not always consistent with the restraint expected by appellate judges. If we regard judicial
philosophy as a coin, one side of it is activism and other side is restraint. In order to respond
to the hopes and aspirations of the litigants, judiciary has to exercise a jurisdiction with a
courageous creativity. To have that courage, use of practical wisdom in adjudicatory process
helps a lot.

Judicial activism can be regarded as an unconventional role played by judiciary by delivering

valuable judgments and granting reliefs to the aggrieved according to the moral and social
justice where statutory law is silent or even contrary. Active interpretation of an existing
provision with a view to enhance the utility of a legislation for social betterment, can be
regarded as a judicial activism. In brief, it can be also assumed that judicial activism comes in
to play when there is a legislative shortsightedness or executive arbitrariness or both.

According to Merriam-Webster's Dictionary of Law, judicial activism is "the practice in the

judiciary of protecting or expanding individual rights through decisions that depart from
established precedent or are independent of or in opposition to supposed constitutional or
legislative intent"

‘Activism’ means “a policy of vigorous action of a philosophy or a creative will” or “The

doctrine or policy of being active or doing things with decision”. Judicial Activism would
therefore mean taking recourse to judicial process leading to judicial pronouncements on
different intricate issues whereby new approach towards legal philosophy is made or to put it
simply it is active role played on the part of the Judiciary.

In the words of Justice J.S.Verma, Judicial Activism must necessarily mean “the active
process of implementation of the rule of law, essential for the preservation of functional
democracy”. “Judicial Activism is an ascriptive term. It means different things to different
people. While some may exalt the term by ascribing it as judicial creativity, dynamism of the
judges, bringing a revolution in the field of human rights and social welfare through
enforcement of public duties etc., others have criticized the term by ascribing it as judicial

1
Bryan A. Garner, Black’s Law Dictionary
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Deciphering the Roots of Child Labour

Grounds for child labour are intense poverty, lack of quality education, compulsion to work
for survival as well as social dimensions of caste and gender. These issues are multifaceted,
operating simultaneously at several levels. A brief glance at the facts gives us the enormity of
the bleak situation in the country: 60 million children below age 6 live below the poverty line
in India . 58% children don’t complete primary schools, 90% don’t complete school at all.
Child Labor is highest among Scheduled Tribes, Scheduled Castes, Muslims and OBC
children, validated by the HAQ Centre for Child Rights. Caste remains an important barrier
preventing children from gaining access to opportunities of education, and escaping their
cycle of debt. They are left with no option but to work for survival. Families of these children
are offered no social and financial protection mechanisms to improve their quality of life.

As per Child line India, in 2001, 12.67 million child workers were in the 5 to 14 age group;
by 2010, this number became 12.62 million; on adding the 15-19 age groups the statistics
become 26.28 million. This implies that 11% of India’s workforce is Child Labor and 1 in
every 10 workers is a child! However, unofficial figures cite 100 million child laborers!

The International Labour Organization defines Child Labour as work that deprives children
of their childhood, their potential and their dignity, and that is harmful to their physical and
mental development. The Indian Government adheres to this definition, by guaranteeing
rights of the child in its Constitution, upholding Child Labor (Prohibition and Regulation)
Act, 1986 and punishing those who indulge in this shameful crime. However, the
effectiveness for employers employing children as labor is weak as from the 13, 60,117
inspections that have been carried out since 1986; 49,092 prosecutions have been launched
and only 4,774 employers have been convicted. The newly proposed deterrent is a maximum
jail term of 3 years, along with a fine of Rs. 50,000, while earlier; the prison punishment was
1 year or a fine of Rs. 20,000.

While India has not ratified ILO Convention 138 on Minimum Age of Employment or ILO
Convention 182 on Worst Forms of Child Labor, leading to criticisms and censure on global
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fora on child labor, it has ratified the Convention on the Rights of the Child, 1989. A child in
India is under 14 years of age, though by law, s/he is an adult only after turning 18, the
missed terminology between 15-18 filled by the word ‘adolescents’ in the proposed
amendment to the Child Labor (Prohibition and Regulation) Act, 1986. The modified list on
banned forms of child labor now includes domestic work as well. Child laborers could be in
the organized sector in industries dealing with ‘beedi’, glass, firework, precious stone
polishing; the unorganized sector working at ‘dhabas’, newspaper vendors, construction,
domestic work or self-employed as rag pickers or street children. They may also be
categorized as employed in the rural sector in agriculture, or in the urban areas within
manufacturing and services.

Work becomes the only option for families and children who struggle to survive, as a means
of earning necessary wages. The children often have no incentive to attend school, even if
they have the time or inclination to do so, as government sponsored education at the primary
level is ineffective, comprising of teachers on pay roll who do not show up to teach as there is
no accountability to the performance of the teachers. In addition, the loss of income incurred
by the family that would have otherwise sent the child to school is not compensated.
Furthermore, few mechanisms exist to fulfil basic necessities of children of migrant workers.
While vocational training and part time education exist in policy to address these concerns,
there is little impact on the ground. Human life becomes a commodity to be bought and sold,
with no thought of dignity, value, freedom and capability of life. The proposed amendments
to the Child Labour (Prohibition and Regulation) Act, 1986, offers hope to child workers in
society, as unlike the current version of the Act, the amendment demands a complete ban of
children till age 14 working. The prevailing legislation merely bans their work in hazardous
industry, while regulating work hours in non-hazardous ones.
The issue of the unorganized sector being hard to reach is also a cause for persistence of child
labor as 85% of child laborers in India are hard to reach, invisible and excluded- both in rural
and urban areas. As a result, these nowhere children are not receptors of policies to remove
them from labor.

Juvenile Justice:
The Juvenile Justice (Care and Protection) Act, 2000 is enacted as human rights
legislation and it is now in force in all State uniformly, repealing the entire Children's Act
enacted by states individually. This legislation deals with the two types of juveniles.
"Juvenile in conflict with law" as defined under Section 2(1) and child in need of care
and protection as defined under Section 2 (d). A juvenile or a child as defined under
Section 2 (k) is a person who has not attained the age of 18 years. The penitentiary system
shall comprise treatment of prisoners, the essential aim of which shall be their reformation
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and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded
treatment appropriate to their age and legal status.
In Sheela Barse v. Union of India Ms.Sheela Barse, a dedicated social worker took up the
case of helpless children below age of 16 illegally detained in jails. She petitioned for the
release of such young children from jails, production of information as to the existence of
juvenile courts, homes and schools and for a direction that the District judges should visit
jails or sub-jails within their jurisdiction to ensure children are properly looked after when in
custody. The Court observed that children in jail are entitled to special treatment. Children
are national assets and they should be treated with special care. The Court urged the setting
up of remand and juvenile homes for children in jails. In Sheela Barse v Secretary Children
Aid Society the Supreme Court came forward to protect the rights of the children in the
observation homes.

Constitution:

Constitutional provisions include Article 21 (A) guaranteeing Right to Education, which says
that the State shall provide free and compulsory education to all children between the age of 6
to 14 years in such a manner as the State, by law, may determine; Article 24 which assures
Prohibition of Employment of Children in Factories asserting that no child below the age
fourteen years shall be employed in work in any factory or mine or engaged in any other
hazardous employment; and Article 39 mentions that the health and strength of workers, men
and women, and the tender age of children are not abused and that citizens are not forced by
economic necessity to enter vocations unsuited to their age or strength. However, successful
implementation of legislations is a rarity, as there is insufficient collaboration between the
agencies and individuals involved in enacting the guidelines and processes related to
abolishing child labor. The Department of Education, Ministry of Women & Child
Development, Ministry of Rural Development, Ministry of Labor & Employment must
coordinate so that existing schemes to remove poverty, ensure education and guarantee adult
employment are effectively implemented to provide a safe and healthy childhood to the next
generation of children.
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Legislation:

The Right of Children to Free and Compulsory Education Act, 2009 led to an amendment in
the Child Labor (Prohibition and Regulation) Act, 1986, as it was only after the RTE came in,
that education was made compulsory for children till 14 years. Recent Amendments to the
Child Labor (Prohibition and Regulation) Act also ban employment of children up to 14 years
for commercial purposes in all industries, homes or on farms. Those between 14 and 18 years
of age will be termed “adolescents” and their employment in mines, chemical, paint,
explosives or other hazardous industries will be prohibited. The existing law only bans
employment of children below 14 in hazardous industries and regulates their work in non-
hazardous ones.

Judiciary:

MC Mehta vs the State of Tamil Nadu laid an important judicial verdict wherein the Supreme
Court of India on 10 Dec 1996 declared that employers illegally employing children must pay
Rs. 20,000 into a fund known as the “Child Labor Rehabilitation-cum-Welfare Fund” to be
used only for the benefit of that child. The court also ordered the government to ‘(a) provide
employment for an adult member of every family with a child who is employed in a factory
or mine or other hazardous work or, if not possible to provide an adult family member with a
job, (b) contribute Rs. 5,000 to the Child Labor Rehabilitation-cum-Welfare Fund for each
child employed in a factory or mine or other hazardous employment. Adults who are offered
jobs in this way would also have a duty to ensure that their children entered full-time
education and did not continue to work.’

Policies and Schemes:

The National Child Labor Policy, 1987 is crucial in this regard, with legislative action plans
and general development programmes for the benefit of families of the children and project
based action plans in areas of high concentration of child labor. The latest in this vein is the
National Policy for Children, 2013 which lays down specific provisions against child labor,
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by committing to take ‘special protection measures to secure the rights and entitlements of
children, in need of special protection, characterized by their specific social, economic and
geo-political situations, including their need for rehabilitation and reintegration, in particular,
but not limited to children affected by migration, displacement, communal or sectarian
violence, civil unrest, disasters and calamities, street children, children of sex workers,
children forced into communal or sectarian violence, civil unrest, disasters and calamities,
street children, children of sex workers, children forced into commercial sexual exploitation,
abused and exploited children, children forced into begging, children in conflict and contact
with the law, children in situations of labor, children of prisoners, .. children of manual
scavengers and children from any other socially excluded group’. Additionally, the National
Child Labor Project Scheme was initiated in 1988 to rehabilitate working children in 12 child
labor endemic districts of the country. Till date more than 9 lakh working children have been
mainstreamed into regular education.

NGOs, Private Sector and Local Actors:

Non Governmental Organizations have done commendable work through their grassroots
activism, effective utilization of existing policy resources, supplementing them with their
passion and commitment to make a difference. Big NGOs such as Save the Children,
UNICEF, Child Rights and You, Bachpan Bachao Andolan and HAQ Centre for Child Rights
have been vital in creating a tremendous pressure to influence policy agenda at the
international fore, making basic child rights a customary norm to be followed by countries
across the world. This results in a buildup of national pressure which forces countries to
uphold minimum child labor standards. There is an intricate network of coordination between
the big international organizations, who receive funding from rich donors across the world,
including charitable foundations and the private sector keen to utilize excess profits for the
public good. Throughout this process, it is the local actors, such as the district level
bureaucracy and the conscientious members of grassroots civil society activists who are
willing to work for non-profit causes such as the elimination of child labor. Plenty of success
stories exist. It is often only the major institutions whose works get noticed in the popular
domain. For instance, at Child Rights and You, 684 villages and slums were made free from
child labor. Their approach involves ‘looking at children’s issues in their entirety, rather than
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through the silos of education, health, child labour, child abuse, feticide/infanticide and so on;
understanding the underlying root causes of the deprivation – gender, caste, livelihoods,
displacement, geographies and finally, mobilizing each local community to find long-term
solutions to these problems, by ensuring relevant laws and policies that guarantee
implementation of their rights.’ Similarly, Save the Children’s aim is ‘to make child labor
socially and culturally unacceptable. This is done by working with state authorities & civil
society organizations to free children engaged in labor and work to withdraw 50,000 child
domestic workers from domestic help. They were instrumental in the creation of a national
child protection system. They are currently working across 2000 villages in 9 states of India
to remove children from exploitative working conditions and rehabilitate them and support
their education. They mobilize public opinion and demand policy and legislative action to
abolish child labor in all its forms’. Furthermore, UNICEF Projects implemented in various
states of the country adopt ‘an essentially holistic approach, combining strategies aimed not
only to the withdrawal of children from work, but also to enhance communities’ awareness,
ownership and collective action for the protection and promotion of children rights. Existing
strategies include: a) Promotion of education as both, key preventive measure and essential
component for the rehabilitation of released children; b) Addressing poverty related factors
through the promotion of self-help-groups; c) Advocacy and social mobilization for the
elimination of child labor.’ Also, through ILO’s International Programme for Elimination of
Child Labor in 1991, 103,152 children were rehabilitated, and the project concluded in 2009.
Global March against Child Labor organized a march on the issue on 29 Aug 2013, wherein
the children in India protested together to demand abolition of child labor, assisted by civil
society and government bureaucratic actors.

Cooperation across Sectors:

All institutions involved must cooperate for effective understanding of the current situation,
and work together to address the deeply complex issue. The central government must provide
financial, technical as well as human resources to the state departments and relevant local
bureaucracies. Efforts of the civil society members must be encouraged and appreciated by
state actors. It is important to understand that it is the small local level initiatives that provide
the engine, innovation, patience and discipline needed to convert this into long term
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sustainability. While their efforts are not given enough credit or publicity by mainstream
media, it is their sheer commitment that garners great appreciation from people closely
involved in the issue. Successful interventions such as Integrated Child Development
Services, Mid-day Meal Schemes, RTE, Matriculation Scholarship schemes for Dalits and
Tribals must be strengthened.

The Way Forward:

Urgent and drastic steps are needed to abolish child labour from India. As explained in the
paper, the issue is multifaceted, involving simultaneously occurring complexly intricate
factors. A thorough revamp of societal response to this phenomenon is the need of the hour.
A holistic approach to the issue keeping in mind caste, class, and socio-economic dimensions
coupled with increased coordination between the state and non state actors as well as
monitoring of implementation strategies would be an ideal way to proceed. The state remains
the most legitimate entity to safeguard the rights of children. Yet, most are outside the
protection of law, forced to live an inhuman life, devoid of the simple joys of childhood. The
state is duty bound to step up its game, and assert its authority in demanding greater
accountability of the policies put forth by it, in due accordance with the Constitutional,
legislative and judicial rights. There are several ways in which this can be achieved:

State as Legitimate Actor:

While civil society proliferates and contributes to grassroots efforts to combat child labor, is
still the state that is responsible for protecting the rights of children. The state is granted
legitimacy in the eyes of the national and international community, and it must ensure that the
Right to Education is complied with, in its entirety, so that the next generation gains access to
basic advantages associated with literacy. To encourage students to go to school, the quality
of education offered at government sponsored institutions must be improved by ensuring that
teachers have relevant qualifications, they come to school every day and stay the duration of
the designated period, spending that time only on effectively carrying out assigned tasks. This
must be supplemented by comprehensive social and financial security programmes. MC
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Mehta vs the State of Tamil Nadu had offered benchmark legislation towards this end,
wherein the family of the child being sent to school is offered compulsory monetary benefit
or employment opportunity.

Strategies adopted at the local, state, national and global level to eliminate child labour vary.
Efficient methodologies can be replicated, acting as guiding framework modified based on
differing contexts. For instance, the Child Labor (Prohibition & Regulation) Act, and
National Child Labor Project Scheme should be taken up in letter and spirit. Its existence and
concrete framework has potential for total abolition of child labor in India. Implementation
mechanisms could furthermore be strengthened. Right to Education has paved a path, making
education compulsory till age 14, hence making necessary the Amendment to Child Labor
(Prohibition and Regulation) Act, 1986.

Civil Society Advocacy:

Generation of social awareness will be vital to change mindsets of our country, from one of
societal apathy to anger at the existing situation, leading to the will to change the current
status quo. Advocacy and media communication, in addition to grassroots activism and the
willpower of the local bureaucracy should be an effective instrument to poke the guilty
conscience of the corrupt mindset of the individuals and organizations responsible for
bringing about an end to child labour.

Bridging the gap between those affected by the problem and the people who can help to solve
the issues remains important. Workshops and street theatre reach out to the masses while Self
Help Groups sustain the initial thrust of activity. Greater communication with policy makers
at the national, state and local level is absolutely vital to address the issue of child labor.

Transform Societal Mindset:

Merely removing the child from labor will not end the problem. It must be ensured that the
child does not go back to it. This involves the family or the rehabilitation centre the child is a
part of; and taking into account the particular concerns of the household level, keeping in
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mind the varied contexts. Changing mindsets that have existed for centuries is one of the
biggest problems to be faced. New norms must be put in place by overthrowing existing
hegemonies of thought that see certain labor as destined due to birth into lower strata of
society.

The Disadvantaged as Agents of Change:

The article briefly mentioned a few success stories. Many more of these narratives of hope
exist. The sheer enthusiasm of the people to make a difference must be appreciated and
encouraged. It is the unprivileged, the disadvantaged sections of the society that contain the
most potential to bring about a change. Their collective will to fight against injustice is a
major factor in people’s movements and provides the thrust for advocacy efforts to push for
policy change and greater accountability

Address Interlocking Web of Variables for a Zero Child Labor

Society:
In conclusion, it can be asserted that despite the vicious circle of debt fuelled poverty,
unemployment, low quality education and child labor, sustained by inequality in society; the
scenario can certainly be changed for the better. A balanced perspective of the macro and
micro level situations is necessary while keeping in mind the interlocking web of variables
which feed into the ugly continuity of the menace. It is hoped that the high levels of apathy
pervasive in our society is offset by firm action towards a better tomorrow, by taking a small
step ourselves. At present, the NDA government plans to prohibit employment of children
less than 14 years, yet no concrete steps have been taken towards the same. It is hoped that
the new government will address these concerns adequately.

After its independence from colonial rule, India has passed a number of constitutional
protections and laws on child labour. The Constitution of India in the Fundamental Rights
and the Directive Principles of State Policy prohibits child labour below the age of 14 years
in any factory or mine or castle or engaged in any other hazardous employment (Article 24).
The constitution also envisioned that India shall, by 1960, provide infrastructure and
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resources for free and compulsory education to all children of the age six to 14 years. (Article
21-A and Article 45)

India has a federal form of government, and labour being a subject in the Concurrent List,
both the central and state governments can and have legislated on child labour.

The major national legislative developments include the following:[37]

The Factories Act of 1948: The Act prohibits the employment of children below the age of
14 years in any factory. The law also placed rules on who, when and how long can pre-adults
aged 15–18 years be employed in any factory.

The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age
in a mine.

The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the
employment of children below the age of 14 years in hazardous occupations identified in a
list by the law. The list was expanded in 2006, and again in 2008.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a
crime, punishable with a prison term, for anyone to procure or employ a child in any
hazardous employment or in bondage.

The Right of Children to Free and Compulsory Education Act of 2009: The law
mandates free and compulsory education to all children aged 6 to 14 years. This legislation
also mandated that 25 percent of seats in every private school must be allocated for children
from disadvantaged groups and physically challenged children.

India formulated a National Policy on Child Labour in 1987. This Policy seeks to adopt a
gradual & sequential approach with a focus on rehabilitation of children working in
hazardous occupations. It envisioned strict enforcement of Indian laws on child labour
combined with development programs to address the root causes of child labour such as
poverty. In 1988, this led to the National Child Labour Project (NCLP) initiative. This legal
and development initiative continues, with a current central government funding of ₹6 billion,
targeted solely to eliminate child labour in India.[38] Despite these efforts, child labour
remains a major challenge for India.
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Laws pertaining to Child Labour:

 Children [Pledging of Labour] Act (1933)
 Employment of Children Act (1938)
 The Bombay Shop and Establishments Act (1948)
 Child Labour -Prohibition and Regulation Act
 The Indian Factories Act (1948)
 Plantations Labour Act (1951)
 The Mines Act (1952)
 Merchant Shipping Act (1958)
 The Apprentice Act (1961)
 The Motor Transport Workers Act (1961)
 The Atomic Energy Act (1962)
 Bidi and Cigar Workers (Condition of Employment) Act (1966)
 State Shops and Establishments Act

Cases:
Firozabad Bangles Case:

The Sadar Bazar of Firozabad is not only famous for the clinking colourful bangles, but also
for the infamous 'Child Labour Market' where one can hire the children a-la the Roman slave
market of yore. Defying anti-child labour laws, the bangle industry continues to exploit the
rights of hundreds of children here. "I work in bangle factory, work for eight hours and
manage to earn 30 to 35 rupees day. I have no time for studies and I do not have an option,"
said Vikrant, a child labour. As for the reports of children being hired for labour, the
concerned authorities feigned ignorance and even refuted any such practices in their
jurisdiction. "Well it is not in my knowledge but if you are saying then I will check. Last year
some children were found to be working in bangle warehouses and basically they are in the
testing units where the bangles are tested. I have gone and seen them and I must tell you that
they go to school and after school they come and work for 2 or 2 and half hours," said
Madhur Singh, Assistant Labour Commissioner. Although there is no confirmed data
available on the total number of children employed in Firozabad's bangle industry, but it is
estimated that hundreds of child laborers are currently working in some 400 registered bangle
units of the city.
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Case study on Sivakasi fireworks industry

CHILDREN AT FIREWORK

Sivakasi is a small municipal town in Ramanathapuram district. In the immediate

vicinity of the town are two other municipal areas, Thiruthangal and Sattur. It is famous for
three types of industries – fireworks, match sticks and printing. 90% of India’s fireworks is
produced here. There are nearly 450 fireworks factories in Sivakasi employing almost
40,000 workers directly and about 1 lakh indirectly such as paper tube making, wire cutting,
box making in the country side.Due to lack of modern machines child labour is extensively
used. Economic factor is also one of reasons responsible for child labour. Poverty forces
parents to send their children to work in these industries. Employers take advantage of their
economic condition and force them to work at low wages. According to official Harban
Singh’s report which was conducted in 1976, in spite of working 12 hours a day younger
children aged 4 – 10 earn an average of Rs. 2 per day. The older ones get maximum of Rs. 6 -
7 per day. According to a magazine published by The Hindu in april 29-may 12, 2000,
children earn around Rs. 20-30 per day. Talking about the working conditions, according to
sources children are taken to industries like animals in buses filling almost 150-200 children
in a bus. And they have to leave their house as early as 3a.m. in the morning and come back
at 9p.m. at night. There are agents to make sure that they get up and go for work. Some
children stay at home and work. Even they have to work for long hours. According to a
magazine Sumathi age 11 of Ammapatti village rolls 2300 paper pipes a day for just Rs. 20
though she had been working for a year in a firewoks unit. Also Chellaiyan age 12 working in
a factory in anaikuttam village earns Rs. 30 though working 12 hours a day. Expecting them
to think about their health, education and personal growth at this situation is impossible.
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PICTURES:
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CONCLUSION

As we all know that the legitimacy of the Court and Judicial Activism is derived from the
faith that people repose in the Judiciary and thus Courts have to continuously strive to
maintain their legitimacy. Also one has to understand that Judges after all are human beings
and to err is only human. An activist Judge has to be prepared to take criticism of his
judgments. This is done by jurists and lawyers and, at a more mass level by media etc. This is
an important tool to keep a check on the fact that the trust that the framers of the Constitution
have put in the Judiciary of the country, is respected and is maintained with responsibility. It
is not denied that the Separation of Powers is a basic feature of the Constitution of our
country and it should be respected. But at the same time Judicial Activism cannot be curbed.
Judicial Activism provides a safety valve in a democracy. Just a few concerns need to be
addressed so as to prevent Judiciary from usurping the powers of the other organs. For
instance more transparency in the appointments in the Judiciary will generate more faith in
the Judicial System of the country. The Guidelines that are provided for in the judgments,
where no legislation exists, could be treated as an interim arrangement. And instead of
accusing Judiciary of Over reach, a mechanismto concretize such guidelines into legislations
actively, should be devised. Areas where the Judiciary is required to decide in favour of the
political establishment of the day, the best mechanism would be ‘self-restraint’ on the part of
Judiciary. The panacea for the so called evil ‘over-reach’ is with the Judiciary itself and ‘self
– restraint’ is the best form of keeping a check on itself. To conclude I quote Anil Divan,
Senior Advocate Supreme Court –
 Judicial Activism: A special reference to child labour Page 20 of 20

BIBLIOGRAPHY

Books:

 P.M. BAKSHI, PUBLIC INTEREST LITIGATIONS (2nd ed., Ashoka Law House, New
Delhi, 2004).

Websites:

 The Express Tribune, http://tribune.com.pk/story/576075/judicial-activism-in-india

 The Times of India, http://articles.timesofindia.indiatimes.com/keyword/judicial-
activism
 The Hindu, http://www.hindu.com/2009/07/18/stories/2009071852820800.html
 Lex Warrier, http://lex-warrier.in/2013/08/judicial-activism-child-labour/

ARTICLES

 D.K. Bhatt, Judicial Activism through Public Interest Litigation: The Indian
Experience, AIR 1998 JOURNAL 120.