Tuesday, March 31, 2009

Status of PIL after 2years.

QIC&AC, Core Group has filed a PIL against Ministry of Labour was admitted by the High Court of Delhi on 26th Sep. 2006.
Since the admission it has been listed on 16th Jan. 08, 27th Feb. 08, 23rd April. 08, 27th Aug. 08, 15th Oct. 08 & 14th Jan. 09 and now on 25.03.2009.on 14th Jan. 09 the petition was directed to be placed along with connected matters placed before the same bench.
Next date of hearing is 15 april 09.

Friday, October 10, 2008

Child Labour & PIL


Child Labour:
QIC & AC Delhi critically analyses the various policies of the government on rehabilitation and treatment of child labor and it also searched the processes that can be explored by the group to get an effective Order from Delhi High Court in the pending PIL.[1]

■ Action plan before the group:
i) Explore the similar networks working in this field e.g. Delhi legal aid society for pressure building and lobbying.

ii) As judiciary is showing high concern on this problem, one of the members proposed a brief meeting with child labor cell, various committees and honorable judges will be beneficial to sensitize the system.

iii) Explore RTI as much as possible

iv) Need to mobilize and sensitize the society and establishment at large

Brief background of the PIL:
o QIC & AC Group has filed a PIL (1500/2006) for effective implementation of order of Hon. Apex Court and schemes to address the issue of child labour in India and Delhi The PIL [QIC&AC vs. Ministry of Labour & Employment and another (Govt of NCT Delhi)] against the Ministry of Labour was admitted by the High Court of Delhi under Article 226 of the Constitution of India as a Public Interest Litigation (PIL) on 26th September 2006.
The PIL brought to notice the government insensitivity towards children, in ignorance to earlier Supreme Court guidelines on the same issue which had directed the government to provide for budgetary allocation and other provisions before such laws are made.
QIC&AC Delhi – Press Release
QIC&AC Delhi Core group filled a PIL in the High Court of Delhi on the recent notification prohibiting employment of children under the age of 14 years as domestic servants or servants or in Dhabas restraints, hotels, motels tea shops resorts spas or other recreational centres from 10th October 2006

Through the petition QIC&AC seeks to know the governments’ course of action contemplated for the protection and welfare of those children, working within the territorial limits of Delhi, who would be rendered shelterless and jobless after the coming into effect of the said notification on 10.10.2006

It also seeks to know whether directions passed to the government on the issue of child labour by the honorable Apex Court in the matter of M.C. Mehta v/s Union of India (AIR 1997 Supreme Court 699) are getting implemented or not.

Honorable High court has admitted the petition and has asked the government to file a detailed reply on or before 15th January 2007 and place on record the pre approved contingency plan or rehabilitative plan supported by a pre-approved matching financial and manpower allocation to fulfill the ultimate objective of said notification.

The HC admitting the PIL is a victory for Child Rights and start of a larger campaign. The QIC&AC Delhi Core group is expecting positive outcomes from their efforts in time to come.
[1] See the link Minutes of the Monthly meeting (held on & August, 2008)