Culprits abscond, police look for way to nail them
By - Joydeep Ray

Cops are thinking in terms of the Children (Pledging of Labour) Act, 1933 and Employment of Childrer Act, 1938. But neither Act could lead to the culprits being awarded rigorous imprisonment.

More than a week after Childline, a voluntary body, rescued a dozen children employed by a factory on a tip-off by a sub-inspector of Danilimda Police Station, the city police hasn’t yet registered offences against the employers and the agents who brought the boys here. And while the police gropes about for away to nail them, the employers and agents have absconded.

Police Commissioner P.C. Pande is learnt to have asked his deputies to initiate action, but they say are waiting to find an apt way to nail the culprits for they think the laws that apply to child labour will allow the culprits to get away with very little punishment.

The police is thinking in terms of the Children (Pledging of Labour) Act of 1933 and the Employment of Children Act of 1938. But neither act could lead to the culprits being awarded rigorous imprisonment, though they have been engaged for long in providing and employing child labour.

The 1933 act stipulates a fine of Rs 50-200 for employers of children. There is no provision for imprisonment. And the 1938 act stipulates up to a months simple imprisonment, besides a fine of up to Rs 500.

But advocate Girish Patel said police seemed to have missed out another option: the Child Labour (Prohibition & Regulation) Act of 1986, providing much stiffer punishment.

"Section 14 of this act says employers of children will be punishable with imprisonment for a term not less than three months, which may extend up to one year. Fines imposed under this act are not less than Rs 10,000 and may go up to Rs 20,000. Repetition of the offence may invite imprisonment of six months to two years," said Patel.

But police continue to frustrate themselves with the older acts. Said a senior police officer, "Even if the court finds them guilty, what sort of lesson will these employers and agents be taught? Even a beggar can afford topay a Rs 200 fine !"

Given the weakness of those laws, investigating officers are trying to nail the agents and employers for charges such as abduction and illegal confinement of minors. That could take much longer, and could be very difficult to prove.

Said Deputy Commissioner B.S. Jebaliya, "If the parents say that it was according to their wishes they had allowed the children to go with the agents and work in factories, not only will the court let the culprits go, it will also give our officers a firing."

Then there is the thorny territorial question: who should initiate action, the police or the labour department? Officers say it was up to the labour department to identify factories and other establishments employing child labour and take action.

Said Deputy Commissioner of Police RJ. Savani, "They have more scope to deal with such things and should do so before we act. Of course, if they ask for our help we are ready to provide it, and at any given time."

He also said that police could help identify places where child labour was employed. "I know it has been happening in areas under my jurisdiction too, like Bapunagar, Odhav, AMr.awadi. But what are the officials of the labour department doing? Aren’t they responsible for acting in such cases?" he asks.

But the labour department pleads inability to deal with the problem. A senior official, requesting anonymity, said on Wednesday, "First, for constant monitoring on errant employers, we need to have a strong staff strength, which we do not have. Second, though I believe it is not exactly the job of police, I am sure there are ample provisions in the law for them to take action."

Additional labour commissioner AK. Vasin said, "It is better if you contact my deputy commissioner, who is mainly responsible for such matters." But deputy commissioner PK. Vasavada was not made available to speak on the issue despite several attempts by Express Newsline

And Deputy Minister for Labour Purushottam Solanki said,’ ‘I have instructed the government labour officer to lodge a police complaint wherever children are found employed. It is becaue of fund constraits we are not in a position to introduce welfare schemes for child workers."

Republished fromThe Indian Express