I see children working in a brick kiln near Thoothukudi, where do I complain and what does the law say?

Detailed Legal Analysis

Child labour is prohibited under the Child Labour (Prohibition and Regulation) Amendment Act, 2016, and the Tamil Nadu Rent Control Act 1960 rules, which ban employment of children below 14 years in all occupations except family enterprises. You should complain to the District Magistrate, the Labour Department, or the Child Labour and Adolescent Labour Nodal Officer in Thoothukudi.

The Madras High Court has held that employment of children violates their fundamental right to education under Article 21A and is a cognizable offence. The employer can be imprisoned for up to two years and fined, and the child must be rescued and rehabilitated under the National Child Labour Project.

A complaint can also be filed with the National Commission for Protection of Child Rights or through Childline. The state is duty-bound to ensure the rescued child is enrolled in school.