New Delhi, Nov 16 (IANS) The Supreme Court Monday sought the government’s response to a lawsuit seeking annulment of a law that makes allowance for employment of children as beedi workers under certain circumstances.
Seeking government’s stand, a bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice B.S. Chauhan issued notice to it on a lawsuit by civil society Health for Millions which sought annulment of a particular provision of the Child Labour (Prohibition and Regulation) Act, 1986.

The lawsuit filed by advocate Anand Grover on behalf of Health for Millions pointed out to the court that the section 3 of the Act permits employment of children in hazardous industries like beedi rolling being carried on in workshops or as a part of family labour or in government aided schools.

Rover contended that the proviso was a lacuna in the Act, leading to employment of young children in the hazardous industry.

The petitioner said that though the Act forbids employment in beedi making units, the specific proviso grants exemption if the process is carried out from workshops that are either part of family labour or government aided workshops or schools.

Grover argued that in the garb of this proviso several beedi makers had started cottage units where they employed children. He said the provison was against the Article 14 of the constitution that provided equal protection of law.

He added the proviso was also contrary to the Act itself that regulates working condition of children employed in workshops where they are permitted to work as per law.

Grover argued Section 3 of the Child Labour (Prohibition and Regulation) Act is aimed at protecting the health of such children.

“The proviso is also ultra vires as it is against the spirit of Article 24 of Indian Constitution that forbids children below 14 years to work in hazardous occupation,” Grover said.