Section 26 – Exploitation of juvenile or child employee – Juvenile Justice (Care And Protection Of Children)

Comment:

The exploitation of child employees in hotels, shops and as domestic servants is a common feature in India despite the fact that it is an offence. This section provides that whosoever procures a juvenile or a child for any hazardous employment or withholds his earnings or uses such earnings for his own purposes, shall be liable to punishment which may extend to three years and shall also be liable to fine.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

Notably, Article 24 of the Constitution also prohibits employment of children below 14 years of age in factories, mines or any hazardous undertaking.

With reference to Section 26 of the Act, the Supreme Court in the case of Pratap Singh v. State of Haryana, has clarified that the Rules framed by the Central Government in order to remove difficulties as contemplated by Section 70 of the J.J. Act, 2000 for taking into consideration certain documents over others (i.e., Rule 62) not being validly framed Rules, they could not take away power of the Court to appreciate evidence for the purpose of determination of such question as that of age in the light of Section 35 of the Evidence Act.