Supreme Court Orders Special Cell To Monitor Child Labour Law Enforcement

The Supreme Court of India on November 4, 2026 closed a 2009 writ petition by NGO Health For Millions and ordered the Centre to set up a special cell to monitor the Child Labour (Prohibition and Regulation) Amendment Act, 2016. Justices S.V.N. Bhatti and N.V. Anjaria directed the Ministry of Women and Child Development to issue instructions through the chief secretaries to state enforcement agencies for strict compliance with the amended bar on child labour in hazardous industries.

In the order, the bench said, "With a view to preserving the rights of children/adolescents, we direct the second respondent to constitute a special cell, continue to monitor the implementation of the provisions of the Act and also issue direction to the enforcing agencies through the respective chief secretaries of the State, as amended through the Act No.35 of 2016."

2009 plea cited beedi work exception

Filed in 2009, the petition had challenged the constitutional validity of a proviso to Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986. That proviso had allowed children to be employed in the hazardous process of rolling beedis in workshops as part of family labour and in government-aided or government-funded schools. The petition had further sought directions to the Centre to provide educational facilities and two midday meals to such child workers.

Advocates Prashant Bhushan and Pranav Sachdeva appeared for the petitioner, the order records. Counsel for the Centre told the bench the 2016 amendment had substantially addressed the petitioner's grievance and submitted the petition no longer required consideration.

The 2016 amendment changed the 1986 Act and came into force on September 1, 2016, the order records. It imposed a complete ban on child employment and prohibited employment of children below the age of 14 in all occupations and processes. The bench accepted the law as amended had overtaken the original challenge.

Explaining why it was not deciding the original prayers, the bench said, "We are of the view that the prayer made in the writ petition does not survive for further consideration, but what remains to be taken note of is giving complete and full effect to the changes introduced by way of amendment Act No. 35 of 2016." The bench added, "Keeping in perspective the above brief narrative, we are persuaded not to examine the prayers as made but we take note of the amendment Act No. 35 of 2016 and note that it shall be the responsibility of the respondent(s) to ensure complete and strict compliance with the mandate of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, including the amended provisions."

Under the order, the respondents must ensure complete and strict compliance, with the cell to monitor implementation and directions to go through the chief secretaries to the enforcing agencies.