This writ petitionunder Article 32 of theConstitution has been filedby way of public interest litigation seeking issue of a writof mandamus directing the Government totake steps to stop employment of children in Carpet Industry in the State of Utter Pradesh to appoint a Committee to investigate into theirconditions ofemployment and to issue such welfare directivesas are appropriate for total prohibition onemployment of childrenbelow 14 years and directing therespondent togive them facilitieslike education, health, sanitation, nutritious food,etc.
TheCommission visited several villages, personally companytactedthe parents ofthe children in different places and foundthat the children were taken againsttheir wishes and are wrongfully forced to work as bonded labour in the carpet industries.
Pursuant to the filing of the writ petition, thisCourt appointedPrem Bhai and otherto visit factories manufacturing carpets and to submit their findings asto whether any number of children below the age of 14 years are working in the carpet industry etc.
Despite Pursuation, they companyldnot be released andcontinue to languish under bondage.
The main companytention of the petitioner group isthat employment of the children in any industry or in a hazardous industry, is violative of Article 24 ofthe Constitution and derogatory to the mandates companytained in Article 39 e and f ofthe Constitution read with the Preamble.
Subsequently, by Order dated August 1, 1991,this Court appointed a Committeeconsisting of ShriJ.P. Vergese, Ms. Gyansudha Mishra and Dr. K.P. Rajuto go around Mirzapur area and other places where carbets are being weaved to findout whether children are being exploited and to submit a companyprehensive report.
Virtually, they are beingtreated as slaves and are subjected to physical torture revealed bythe presence of marks of violence on their person.
The primary companytention by the petitioneron behalf of the children below the age of 14 years, is that the employment of children by various carpet weaverin Varanasi, Mirzapur, Jaunpur and Allahabadarea isviolative of Article The reportof theCommittee discloses the enormity of the problem of exploitation to which the children are subjected.
Since the judgment companyld number be delivered, matter was directed to be posted before a Bench companysisting of S. Saghir Ahmad, J. We haveheard the companynsel on both sides.
The Commissioner submitted his preliminary report.
They have furnished the list of carpet industrieswhereat the childrenwere found engaged.
The total number of children are 369 95 of them are of tender age ranging between 6 to 11 years and most of them belong to the Scheduled Castes and Scheduled Tribes.
They are forced to work allthe day.
TheCommission Committee visited 42 villages and foundin all 884 looms engaging 42 of the work force with the children below theage of 14 years.
Children ranging between 5to 12 years having been kidnappedfrom the Village Chhichhori Patna Block, District Palamau in Bihar in January and February, 1984 in three batches and weretaken to village Bilwari in Mirzapur District of U.P. for beingengaged in carpet weaving centres.
The matter was heard and argumentswere companycluded.
In furtherance thereof, a companyprehensive report was submitted on November 18, 1991.
The judgment was reserved by proceedings dated October 18, 1994.
