A Cuttack factory employs child labor; can I report it constitutionally?
SW Asked by Swati Kulkarni from India
Quick Answer
Article 24 prohibits the employment of children below 14 years in any factory, mine or hazardous occupation, and the Right of Children to Free and Compulsory Education Act enforces the right to education.
Detailed Legal Analysis
Article 24 prohibits the employment of children below 14 years in any factory, mine or hazardous occupation, and the Right of Children to Free and Compulsory Education Act enforces the right to education. File a complaint with the Cuttack labour commissioner, the Child Welfare Committee and the police under the Child Labour (Prohibition and Regulation) Act.
The offence is cognizable, and the employer is liable to a fine and imprisonment, and to pay for the child's rehabilitation and education. The Orissa High Court can be approached under Article 226 to direct the labour department to conduct a raid and to enforce the law.
Odisha Rent Control Act 1962 on child labour must conform to the central Act, and the state has a duty to rescue and rehabilitate the child. Preserve the factory details, the names of the children and any photographs in Cuttack.
The court can direct the closure of the factory until compliance and the transfer of the children to a welfare home.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.