Juvenile above age of 14 years cannot be restrained from getting employment in any work which is not of a hazardous nature, for remuneration,
Vinod S. Panicker Vs. Sub Inspector of Police
Citation(2012) 272 KLR 207 ;2013 CR LJ 833kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.S.SATHEESACHANDRAN, J.
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Crl.M.C.NO.2181 OF 2012
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Dated this the 5th day of September, 2012
Head Note:-
Juvenile Justice (Care & Protection of Children) Act, 2000 - Section 26 - Exploitation of juvenile or child employee - A child or juvenile above the age of 14 years at any rate cannot be prevented or restrained from getting employment in any work which is not of a hazardous nature, for remuneration, to eke out his livelihood or that of his family.
Held:- A mere allegation that a juvenile, aged 17 years, has been employed in a bakery, it does not follow that such employment constituted any threat or hazard to that juvenile. Engaging a juvenile as an employee in a bakery cannot be viewed as one putting him to a hazardous employment. I find, charge imputed against the petitioner for having employed a juvenile, aged 17 years, in his bakery for the offence under Section 26 of the Act will not lie.
O R D E R