Kerala high court has held that a child or juvenile above the age of 14 cannot be prevented from getting employment in any work, which is not hazardous, so as to enable him/her eke out a living.
Justice S.S. Satheesachandran passed the order while considering a petition filed Vinod S. Panicker, a bakery owner in the capital, seeking to quash the criminal case registered against him by Peroorkada police for the offence under Juvenile Justice (care and protection of children) Act 2000. “Engaging children above 14 years old and providing them remuneration for their work, cannot be viewed as an infringement of the rights afforded to children,” the court ruled.
The prosecution case was that the petitioner employed a 17-year old Nepal native.
“While the amendments proposed in the existing law against child labour were still to be enacted, the scope and applicability of section 26 of the Juvenile Act has to be examined with reference to the prohibition covered by Article 26 of the Constitution.
However, exploitation of juvenile employees is punishable with imprisonment,” the court said.
“Engaging a Juvenile as an employee in a bakery cannot be viewed as one putting him to a hazardous employment,” the court held and quashed the criminal proceedings against the petitioner.