Tuesday, November 27, 2007

Honest Admissison

Today's papers carry a news item that the Hon'bleAP High Court pulled up the Labour Commissioner for stating on affidavit that the Prevention of Child Labour Act is faulty and unimplementable. It is the duty of the Hon'ble Court to ensure compliance to the letter and spirit all legitimate laws duly enacted by the Parliament.

Was the official recaltriant? Was he refusing to implement an Act framed and passed by the collective wisdom of the law makers? After reading the entire report, I feel that the official has been merely candid in his opinion on the implementability of the law at the ground level.

The affidavit, on behalf of the Labour Commissioner, could not have been filed without the clearance of the Law Department. The Hon'ble Court have taken the correct course in asking the government to clarify whether it is indeed its stand.
Now let us see what the government has to say. The reasons mentioned by the Commissioner in the affidavit as reported are:

1) The entire Act itself was faulty as it had no purview to look into the issue of children employed in Factories.

2) Officials facing resistance from the public when they raid shops and hotels.

3) Production of bogus age certificates.

4) Lack of witnesses to book employers.

5) Evasion of the Act on technical grounds.

Now the moot question is whether this Act and similar other Acts, which are made with good intenteions but remain only on paper, are to be reviewed in the light of the ground reality, present socio-economic and law & order situation prevailing in the country or insist on implementation with an iron hand. What sort of system is required to ensure the safety of the officials. Though it is cruel, for myself I feel that we may be snatching the bread from a child's mouth if we ask it to desist from labouring without providing alternative succour.

Despite the level of corruption that prevails in the administrative setup and consequent negative image, there are honest officials who throw up their hands sometimes instead of going through mere motions.

Hon'ble Court will find an answer and give due directives to all concerned.

...ponder

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