HIDAYATULLAH NATIONAL LAW UNIVERSITY

SUBJECT- HUMAN RIGHTS

PROJECT WORK ON

ROLE OF JUDICIARY IN MATTERS

RELATED TO EXPLOITATION OF
CHILDREN IN INDIA
SUBMITTED TO- DR. Kiran Kori

SUBMITTED BY
RAHUL SAWADIA
ROLL NO. 111
TH
07 SEMESTER

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA

Declaration

I, Rahul Sawadia, hereby declare that the project work entitled “ROLE OF JUDICIARY IN
MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA” submitted to
Hidayatullah National Law University, Raipur is a record of original work done by me under
the able guidance of Dr. Kiran Kori (faculty member) of Hidayatullah National Law
University, Raipur.

Rahul Sawadia

Roll No. - 111

Semester – 7th

B.A.LLB. (Hons.)

Section – A

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA

Acknowledgements

I feel highly elated to work on the topic “ROLE OF JUDICIARY IN MATTERS RELATED
TO EXPLOITATION OF CHILDREN IN INDIA” because of its relevance in the understanding
reservation jurisprudence and its functioning.

I express my deepest regard and gratitude for our faculty of Human rights, Dr. Kiran kori for his
consistent supervision, constant inspiration and invaluable guidance, which have been of immense
help in understanding and carrying out the importance of the project report.

I would like to thank my family and friends without whose support and encouragement, this project
would not have been a reality.

I take this opportunity to also thank the University and the Vice Chancellor for providing extensive
database resources in the Library and through Internet.

Thanking You.

Rahul Sawadia

Section – A (7th semester)

B.A. LL.B (Hons.)

AIMS AND OBJECTIVE-

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA
The aim of researcher, in doing the research work is to give a broad outline of human
rights and Supreme Court of India. The project will further analyze the various aspect of “Art 21
as interpreted by apex court” in contrast with the various judicial precedents which are relevant
to the topic.

RESEARCH METHODOLOGY:-
As whole research work for this work is confined to the library and books and no field
work has been done hence researcher in his research work has opted the doctrinal methodology
of research. Researcher has also followed the uniform mode of citation throughout the project
work.

SOURCES OF DATA:-
For doing the research work various sources has been used. Researcher in the research
work has relied upon the sources like many books of International Law, Articles, and Journals.
The online materials have been remained as a trustworthy and helpful source for the research.

SCOPES AND LIMITATIONS:-

Though the researcher has tried his level best to not to left any stone unturned in doing
his research work to highlight the various aspects relating to the topic, but the topic being so vast
and dynamic field of law and whose horizon and ambit cannot be confined and narrowed down,
the research work has sought with some of the unavoidable limitations.

HYPOTHESIS:-
Researcher by reading and doing preliminary research researcher is of the opinion that
Supreme Court Of India is protecting Human Rights through the power conferred through

various articles in the constitution.2

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA

TABLE OF CONTENT

AIMS AND OBJECTIVE .............................................................................................................4

RESEARCH METHODOLOGY: .................................................................................................4

SOURCES OF DATA: .................................................................................................................4

SCOPES AND LIMITATIONS: ...................................................................................................4

HYPOTHESIS: ............................................................................................................................4

TABLE OF CONTENT ..................................................................................................................5

INTRODUCTION ..........................................................................................................................6

DEFINITION OF HUMAN RIGHTS ............................................................................................7

LEGAL STATUS OF HUMAN RIGHTS IN INDIA .................................................................... 7

ACTIVE ROLE OF JUDICIARY .................................................................................................. 8

JUDICIAL INTERPRETATION ................................................................................................... 10

CHILD LABOUR AND RIGHT TO EDUCATION ..................................................................... 11

CHILD LABOUR WELFARE AND THE LOCUS STANDI ...................................................... 12

SEXUAL EXPLOITATION OF CHILDREN ............................................................................. 14

REHABILITATION OF CHILD PROSTITUTES ...................................................................... 16

CONCLUSION ............................................................................................................................. 17

BIBLIOGRAPHY ......................................................................................................................... 20

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA

INTRODUCTION

Human Rights – Two simple words but when put together they constitute the very foundation of
our existence. Human Rights are commonly understood as “inalienable fundamental rights to
which a person is inherently entitled simply because she or he is a human being”.

There is no denying that all human beings are entitled to certain ‘basic’ and ‘natural’ rights
meant for a dignified existence as a human being. A dignified living environment with freedom
coterminous with that of others, to one and all is the central tenet of human rights.

Human rights are conceptualized to be certain rights that are inherent or occur naturally to
individuals as human beings, having existed even in the ‘state of nature’ before the development
of societies and emergence of the state. As widely recognized, the State cannot be accepted as
the fundamental source of these rights. They inhere in individuals by virtue of their birth as a
human itself. The State is accepted and understood merely as a recognizer, guarantor and
protector of these rights. The State, as its concept exists today, cannot act to the detriment of the
inherent rights of an individual, or for that matter, the collective conscience of individuals as a
community or a society.

Alternatively the natural or human rights are recognized as legal rights, constitutional rights etc
depending upon their assimilation in statutes or constitution of a nation, or, even fundamental
rights as per terminology awarded to them in the statute or the constitution.

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA

DEFINITION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights
derived from the inherent dignity of the human person.” Human rights when they are guaranteed
by a written constitution are known as “Fundamental Rights” because a written constitution is
the fundamental law of the state.
Dr. Justice Durga Das Basu defines “Human rights are those minimal rights, which every
individual must have against the State, or other public authority, by virtue of his being a
‘member of human family’ irrespective of any consideration. Durga Das Basu’s definition brings
out the essence of human rights.

LEGAL STATUS OF HUMAN RIGHTS IN INDIA

India has had a history of its own, in-so-far human rights of its inhabitants are concerned. Ruled
by despotic rulers/kings and emperors, its public, probably was never aware of the concept of
human rights. While European and other western countries got a taste of real time concept of
human rights with the advent of Magna Carta era, the concept of human rights remained alien, or
at the most, so intermittent that the people of India would have never bothered to think of their
existence with certain rights by the virtue of their being born as humans. The intermittent periods
were those isolated period of history when some benevolent individual had the reigns in their
hand as the ruler/kings and emperors. The colonial rule in India gave much impetus to
recognition of certain rights. The struggle for independence was marked with uprisings for
individual and societal rights. There was mass awakening and recognition of rights that were
inherent to human existence. The end of World War II was a turning point in the history of
struggle for human rights worldwide and the world community rose to the occasion by
endeavouring hard for recognition of human rights that would have universal application.

By virtue of being one of the signatories to the United Nation Declaration of Human Rights on
December 10, 1948, India became one pioneering countries of the world to have made a
commitment to respect and protect the human rights declared and accepted by the United Nations

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA
Organizations. Induced by its people's struggle for freedom, India very promptly incorporated
some of the widely accepted human rights as fundamental rights in the Indian Constitution.

The Constitution of India epitomizes the testament of the people of India to protect and promote
the fundamental freedoms and rights of all human beings. The Constitution of India provides
elaborate provisions for all classes of human rights. Part- III relating to the Fundamental Rights
deals with the civil and political rights which and are justifiable in nature; meaning thereby, that
they are enforceable through a Court of Law. The economic, social and cultural rights are
contained in Part IV of the Constitution which lays down Directive Principles of State Policy.
The later are non-enforceable in a court of law, but, are fundamental to governance of country.
However, the country has witnessed enforcement of these rights by the deliberations of Hon’ble
Supreme Court of India.

ACTIVE ROLE OF JUDICIARY

Of course, all legal rights are human rights but it is unfortunate that all human rights have not
become legal rights as on date. This is because the law follows the action, as a consequence, it is
not possible to codify all probable laws in anticipation for protection of human rights, and this is
when the due procedure of law or the principle of natural justice plays an active role in
protecting the rights of the people when there is no legislation available.

As I have mentioned earlier, the magnificence of human rights is that it is all pervading, the trick
lies in the successful execution of the same. Fundamentally, the basic motive of all the three
wings of the democratic government, namely, the executive, the legislative, and the Judiciary
revolves around the protection of human rights. They strive together and separately to uphold the
human rights of the people in the country.

The Judiciary with no doubt has played a vital role in protection of Human rights over the
decades. Some of the most unpleasant violation of human rights like Sati, Child Marriage, Honor
Killings, Slavery, Child labour etc., have been abolished wholly owing to widespread awareness
and strict implementation measures taken by the Judiciary.

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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA
The status of human rights is fairly high under the Constitution of India which makes provision
for fundamental rights and empowers Supreme Court of India and High Courts to enforce these

rights. Equally important is the fact that India is a signatory to international conventions on
economic, social, cultural, civil and political rights, with certain conditions. These rights are
partly contained in Part III of the Constitution of India including the right to equality in Article
14, right to freedom of speech and expression in Article 19(1)(a), the right to protection of life
and personal liberty in Article 21 and the right to religious freedom in Article 25 etc. In Part IV
of the Constitution, the Directive Principles of State Policy i.e. the duties of the State or the
socio-economic rights, have been envisaged which are non justiciable in any court of law but
complementary to the fundamental rights in Part III. It directs the State to apply policies and
principles in the governance of the country so as to enhance the prospects of social and economic
justice. For instance, Article 43 directs the State to secure for workers a living wage, decent
standard of life and social and cultural opportunities. On a different note, the society should be
changed in a positive way by the State, enlighten and place every human being in a society
where their individual rights can be protected as well as upheld.

The Indian judiciary with its widest interpretation in observance of Human Rights has
contributed to the progress of the nation and to the goal of creating India as a vibrant State. The
definition of Human Rights can be found under Section 2(d) of the Protection of Human Rights
Act, 1993 as, “The rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
the Court of India.” So it is evident that Courts have a major role to play in enforcing the rights.

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JUDICIAL INTERPRETATION

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.

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 rights2 of the citizen
and non-citizens alike. The twin safeguards of equality before law and equal protection of laws3
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, secular4
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 base are articulated principally in Article 51,5 which
occurs in Part IV of the Indian Constitution.

2
Part III of the Constitution. For details see Durga das Basu, Shoter Constitution of India,Prentice-Hall of India Pvt.
Ltd., New Delhi, 1996, p. 22-23.
3
Article 14 of the Indian Constitution: The State shall not deny to any person equality before law or the equal
protection of the laws within the territory of India.
4
Word secular is inserted by the Constitution (42 nd Amendment) Act, 1976 (w.e.f. 03.01.1977).
5
Article 51: The Stae shall endeavour to (a) promote international peace and security; (b) maintain just and
honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealing of
organise peoples with one another; and (d) encourage settlement of international disputes by arbitration.

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CHILD LABOUR AND RIGHT TO EDUCATION

In this modern era Judicial Activism emerged as tool for protecting Rights of the Children
including protection from sexual exploitation, child trafficking, child abuse etc. some case dealt
by the Indian judiciary for the protection of child rights are as follows
Education is critical for economic and social development. It is crucial for building human
capabilities and for opening opportunities. The importance of education was fully recognised by
classical economist and social scientist such as Adam Smith, John Stuart Mill, Schultz, Becker
and Amartya sen. Alfered Marshall in the Principles of Economics observed as follows:

“The wisdom of expending public and private funds on education in not to be measured by its
direct fruits alone. It will be profitable as a mere investment, to give the masses of the people
much greater opportunities, than they can generally avail themselves of. For by this means many,
who would have died unknown, are able to get the start needed for bringing out their latent
abilities. The most valuable of all capital is invested in human beings.” The abolition of child
labour must be preceded by the introduction of compulsory education since compulsory
education and child labour laws are interlinked. Article 24 of the Constitution bars employment
of child below the age of 14 years.6 Article 45 is supplementary to Article 24 for if the child is
not to be employed below the age of 14 years he must be kept occupied in some educational
institution.7The Court in series of cases has unequivocally declared that right to receive
education by the child workers is an integral part of right of personal liberty embodied in Article
21 of the Constitution.8 In M.C. Mehta v. State of Tamil Nadu9 The Supreme Court directed that
children should not be employed in hazardous jobs in factories for manufacture of match boxes
and fireworks, and positive steps should be taken for the welfare of such children as well as for
improving the quality of their life.

6
Article 24: No Child below the age of fourteen years shall be employed to work in any factory or mine or engaged
in any other hazardous employment.
7
Article 45 of the Indian Constitution: State shall endeavour to provide, within period of ten years from the
commencement of this Constitution, for free and compulsory education for all children until they complete the age
of 14 years.
8
AIR 1993 SC 2178.
9
AIR 1991 SC 417.
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ROLE OF JUDICIARY IN MATTERS RELATED TO EXPLOITATION OF CHILDREN IN INDIA
In Goodricke Group Ltd v Center of West Bengal10the Court held that it would be for the Centre
and State/Union Territories to raise necessary resources to achieve the goal of providing free
education. Recently Article 21-A has been inserted in the India Act, 2002 which provides that the
state shall provide free and compulsory education to all children of the age of six to furteen years
in such manner as the state may, by law, determine. In Unni Krishnan J.P. v State of Andhra
Pradesh Justice Mohan observed “in educational institutions which are seed-beds of culture,
where children in whose hands quiver the destinies of the future, are trained. From their ranks
will come out when they grow up statesmen and soldiers, patriots and philosophers, who will
determine the progress of the land.11

CHILD LABOUR WELFARE AND THE LOCUS STANDI

The liberalization of the concept of locus standi, to make access to the court easy, is an example
of the changing attitude of the Indian Courts. It is generally seen that the working children by
and large come from the families, which are below the poverty line, and there are no means to
ventilate their grievance that their fundamental rights are being breached with impunity. Keeping
in view the pitiable conditions of the child workers, the apex court has shown its sensitivity
towards the poor people by relaxing the concept of locus standi.

One important case in which Supreme Court entertained a letter, sent by post as public interest
litigation was the Peoples Union for Democratic Rights v. Union of India12 Also known as the
Asiad Workers case. The Supreme Court held that though the Employment of Children Act,
1938 did not include the construction work on projects because the construction industry was not
a process specified in the Schedule to the Act, yet, such construction was a hazardous occupation
and under Art.24 children under 14 could not be employed in a hazardous occupation. The right
of a child against exploitation under Art.24 was enforceable even in the absence of implementing
legislation, and in a public interest proceeding13
10
123 CTR 516..
11
AIR 1993 SC 2178.
12
AIR 1982 SC 1473.
13
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They have no faith in the existing social and economic system”. A high water mark in the
application of the Article 24 of the Constitution was reached in the decision of the Court in Salal
Hydro Project v. Jammu and Kashmir14 wherein the Court reiterated the above stand. The Court
maintained that child labour is an economic problem. Poor parents seek to argument their meager
income through employment of their children. So, a total prohibition of child labour in any form
may not be socially feasible in the prevailing socio-economic environment. Article 24 therefore,

puts only a practical restriction on child labour. The Court further observed that so long as there
is poverty and destitution in this country, it will be difficult to eradicate child labour.

14
AIR 1987 SC 177

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SEXUAL EXPLOITATION OF
CHILDREN

Human Rights are derived from the dignity and worth inherent in the human person. Human
right and fundamental freedom have been retreated by the Universal Declaration of Human
Rights. The human rights for women, including girl child age, therefore, inalienable, integral and
indivisible part of universal human rights. All forms of discrimination on ground of gender are
violative of fundamental freedoms and human rights. It would, therefore, be imperative to take
all steps to prohibit prostitution. Eradication of prostitution in any form is integral to social weal
and glory of womanhoods.

Right of the child to development hinges upon elimination of prostitution. Success lies upon
effective measures to eradicate root and branch of prostitution. In Bachpan Bachao Andolan v
Union of India writ petition filed by HRLN, Suprem Court on 18.04.2011 has ordered for
implementation of suggestions put forth during the hearing of this case, which will introduce
significant reforms in existing child protection regime. The petition was originally brought in
2006 on issue of abuse and exploitation of children in circus industry. Court has ordered Central
Government to bring a notification prohibiting employment of children in circus, to conduct
raids to rescue children already working in circuses and frame proper scheme for their
restoration. During the hearing in this case, several recommendations were put forth by petitioner
and respondent, aimed on reforming existing legal and procedural mechanism on child
protection.

This recent order is just one among the several orders which may be given by Hon’ble Supreme
Court in due couese of time as Hon’ble Court has made clear its intention to deal with issue of
childrens exploitation in a long term and systematic manner. Assuring to deal with childrens
exploitation firmly, Supreme Court has observed: “We plan to deal with the problem of childrens
exploitation systematically”.

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In Vishal Jeet v. Union of India15 Supreme Court in this case deals with some seminal questions
relating to the sexual exploitation of children. Here it has been observed that it is highly
deplorable and heart rending to note that many poverty stricken children and girls in the prime
age of youth are taken to the ‘flesh market’ and forcibly pushed into “flesh trade” which is being
carried on in utter violation of all cannons of morality, decency and dignity of mankind. In
Gaurav Jain v. Union of India,16 The Supreme Court held that the children of the prostitutes
have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be
part of the mainstream of social life without any pre-stigma attached on them. The Court directed
for the constitution of a committee to formulate a scheme for the rehabilitation of such children
and child prostitutes and for its implementation and submission of periodical report of its
Registry.17

15
AIR 1990 SC 1413.
16
AIR 1997 SC 3051.
17
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REHABILITATION OF CHILD PROSTITUTES

The rescue and rehabilitation of the child prostitutes and children should be kept under the Nodal
Department, namely; Department of Women and Child Development under the Ministry of
Welfare and Human Resource, Government of India. It would devise suitable schemes for proper
and effective implementation. The institutional care, thus, would function as an effective
rehabilitation scheme in respect of the fallen women or the children of fallen women even if they
have crossed the age prescribed under the Juvenile Justice (Care and Protection) Act. They
should not be left to themselves, but should be rehabilitated through self-employment scheme or
such measures as are indicated by the Supreme Court in this case. The juvenile homes should be
used only of a short stay or relieve the child prostitutes and neglected juveniles from the trauma
they would have suffered. They need to be rehabilitated in the appropriate manner. The details
are required

To be worked out by meaningful procedure and programmes. In the light of the directions
already given by this court from time to time to the central government state governments and
Union Territory Administrators, adequate steps should be taken to rescue the prostitutes, child
prostitutes and the neglected juveniles. They should take measures to provide them adequate
safety, protection and rehabilitation in the juvenile homes manned by qualified trained social
workers or homes run by NGOs with the aid and financial assistance given by Government of
India or state government concerned. A nodal committee with the public spirited NGOs, in
particular women organizations women members should be involved in the management.
Adequate encouragement may be given to them. The needed funds should be provided and
timely payments disbursed so that the scheme would be implemented effectively and fruitfully.18

18
Y. Vishnupriya, Judicial Activism For Protection of Children in India, Socio-legal Journal, Vol.37 (1), Jan. 2011,
p. 150 21
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CONCLUSION

In the present era, the human rights refers to more than mere existence with dignity. The
International Institute of Human Rights in Strasbourg divides the human rights into three
generations. First-generation human rights are fundamentally civil and political in nature, as
well as strongly individualistic in nature; the Second-generation human rights are basically
economic, social and cultural in nature, they guarantee different members of the citizenry with
equal conditions and treatment; the Third-generation human rights refers to the right to self-
determination and right to development.

It is true that nobody is perfect, and this also applies to our judiciary. As in some cases like ADM
Jabalpur v. S. K Shukla19 our Judiciary failed to satisfy the need of Human Rights. The five
senior most judges of Indian Supreme Court including the Chief Justice struck down the Habeas
Corpus. On this day during the Emergency the Supreme Court sank to its lowest when it decided
the infamous Habeas Corpus Case with the following conclusion:

In view of the Presidential Order dated 27th June 1975 no person has any locus to move any writ
petition under Article 226 before a High Court for habeas corpus or any other writ or order or
direction to challenge the legality of an order of detention on the ground that the order is not
under or in compliance with the Act or is illegal or is vitiated by mala fides factual or legal or is
based on extraneous considerations.

The Presidential Order referred to was the one issued during Emergency declaring that the right
of any person to move any Court for any enforcement of the rights conferred by Articles 14, 21
and 22 of the Constitution and all proceedings pending in any Court for the enforcement of the
above mentioned rights shall remain suspended for the period during which the Proclamation of
Emergency are in force.

19
AIR 1976 SC 1207

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As a consequence with the expansion of scope of human rights, the ambit of safeguarding the
rights also increases, as a result, the judiciary should toil more to prevent the violation of human
rights. Judiciary is the only organ which can translate these rights into reality; which is not
possible without the help of the judicial officers of the respective courts.

Ultimately after many ups and downs the Indian judiciary is playing a role incomparable in the
history of judiciaries of the world. It must, therefore, prove itself worthy of the trust and
confidence which the public reposes in it. The judiciary must not limit its activity to the
traditional role of deciding dispute between two parties, but must also contribute to the progress
of the nation and creation of a social order where all citizens are provided with the basic
economic necessities of a civilized life, viz. employment, housing, medical care, education etc.
as this alone will win for it the respect of the people of the country.

I from the bottom of my heart congratulate the Academy’s effort to organise such regional
conferences which certainly creates a forum for the judicial officers to develop a national
dialogue of emerging challenges and also to contribute towards the excellence of the judicial
system. With conviction, I can say that with such conferences and training programmes
organised more frequently; it will facilitate in achieving our challenges at ease.

The brief survey of the above mentioned cases shows that the activism of the Indian Supreme
Court to protect the children from various type of exploitation. Although the Supreme Court
made laudable directions and suggestions in many instances to protect basic rights of poor
children, unfortunately these directions and suggestions are not followed and implemented by the
government machinery effectively. In this regards, the performance of the Indian Judiciary
stands out as a signal contribution to the implementation of human rights generally and that of
Child Rights in particular.

As such in the M.C. Mehta v. State of Tamil Nadu and Goodricke Group Ltd v Center of West
Bengal Supreme Court of India emphasized on national Constitution and international
instruments, including the Convention on the Rights of the Child, the Indian government is
required to ensure that children do not engage in hazardous work. In Lakshmi Kant Pandey v

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Union of India with object of ensuring the welfare of the child J. Bhagwati directed the
Government and various agencies to follow some principles as their constitutional obligation to
ensure the welfare of the child. Also judiciary has taken the lead to save the child from
exploitation and improve their conditions. To mention a few, the Asiad case (1981), L.K.Pandey
case (1994), M.C.Mehtas case (1991), Vishal Jeet v. Union of India (1990), and Gaurav Jain v.
Union of India (1997) are some of the famous decisions where the judiciary has shown enough
courage to uphold the interests of the children and spared no one to improve the working
conditions of the child workers. The judiciary has always made concrete efforts to safeguard
them against the exploitative tendencies of their employer by regularizing their working hours,
fixing their wages, laying down rules about their health and medical facilities. The judiciary has
even directed the states that it is their duty to create an environment where the child workers can
have opportunities to grow and develop in a healthy manner with full dignity in consensus of the
mandate of our constitution.

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BIBLIOGRAPHY

BOOKS
 Kapoor, S.K, “International Law and Human Rights”, 20 edition 2016.
th

 Agrawal,H.O, “International Law and Human rights”, 20 edition 2014.

th

 Khanna, D.P, “Reforming human Rights”, 1 edition 2001.

st

 Upadhya Archana, yasin Adil-ul-yasin, “Human Rights”, 1 edition2000.

st

 Dannelly Jack, “Universal Human Rights in Theory and Practice”, 2 edition,

nd

2005.
 Saxena Ajay, Singh Indu, “Human Rights in india and Pakisan”, 2004.

WEBSITES
 http://shodhganga.inflibnet.ac.in.
 http://nhrc.nic.in
 http://www.legalservicesindia.com.
 http://legacy.fordham.edu.
 http://www.ohchr.org

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