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LATEST NEWS UPDATES | Send all kids working as servants to school: SC -Dhananjay Mahapatra

Send all kids working as servants to school: SC -Dhananjay Mahapatra

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published Published on Oct 16, 2012   modified Modified on Oct 16, 2012
-The Times of India

If you have a domestic help below the age of 14 years, then the authorities may soon visit your house and send her to school.

The Supreme Court on Monday ordered the central and state governments to conduct a countrywide drive to identify children below 14 years engaged as domestic helps and send them to school to fulfill the mandate of the Right to Education Act for their free and compulsory education.

The court said on the one hand, the RTE Act mandated free and compulsory education to children below 14 years, that is up to Class 8, while on the other, many of them were still working as domestic helps in both urban and rural areas.

"Large number of children are working as domestic helps in urban, town and rural areas with no chance to go to school even though education from Standard 1 to 8 is compulsory under the Right of Children to Free and Compulsory Education Act, 2009," a bench of Justices K S Radhakrishnan and Dipak Misra said.

The bench directed panchayats and local bodies to identify such children and ensure that they got proper education. "We are not unmindful of the fact that in some households, they treat domestic helps just like their children and give food, clothing and education, but they are exceptions," said Justice Radhakrishnan, who wrote the judgment for the bench.

Disposing of a 30-year-old petition by NGO 'Public Union for Civil Liberties', which had brought before the apex court the issue of widely prevalent bonded labour, the bench said it was a matter of serious concern that even after 36 years of enactment of Bonded Labour System (Abolition) Act, the inhuman practice continued to survive in the country because of lack of proper checks and rehabilitation system.

The bench said forced labour continued to be prevalent was still rampant in brick kilns, stone quarries, crushing mines, beedi manufacturing, carpet weaving, construction industries, agriculture, in rural and urban unorganized and informal sector, power looms and cotton handlooms, fish processing units etc.

It quoted the National Human Rights Commission's latest report to the court on bonded labour, which said, "It is almost confirmed beyond doubt that efforts at identification of bonded labourers through fresh surveys are lackadaisical and the outcome of such surveys is nil; there is inordinate delay in securing rehabilitation of released labourers; and the penalties awarded to the employers are not proportional to the judicial severity of the crime."

The bench said, "Suffice it to say that on June 30, 2011, in all, 2,780 cases involving about 1 lakh bonded labourers have been registered in the NHRC and presently, 841 cases are under consideration of the commission."

Accepting the suggestions of amicus curiae and senior advocate A K Ganguly, the court ordered:

* Fresh survey to identify bonded labour every three years and findings to be saved as computerized data

* District and sub-divisional vigilance committee to submit reports to NHRC once in three years

* All child domestic helps to be identified and sent to school

* All states to re-calculate fund requirement for rehabilitation and enhance the package from the present limit of Rs 20,000 for each bonded labourer

* States and UTs should submit report to NHRC every six months

* Vigilance committees, if not already set up, to be constituted in six months

The Times of India, 16 October, 2012, http://timesofindia.indiatimes.com/india/Send-all-kids-working-as-servants-to-school-SC/articleshow/16829185.cms


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