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Housing societies have to ensure members do not employ children
GUILTY: The employer can be fined Rs 20,000 or imprisoned for a year for employing an underage servant. Children below 18 fall under the purview of the Child Labour Act 1986. REPRESENTATION PIC EOF8

It's little and it's late, but it's a move that could benefit children employed by families in housing societies. The newly-constituted bylaws for housing societies in Mumbai by the commissioner of cooperation and the registrar of cooperative societies have made it mandatory for housing societies to ensure that none of its members employ children. This came into effect a month ago. The housing society cannot penalise the flat owner, but on the basis of a complaint filed with NGO Childline (see box), the guilty can be fined Rs 20,000 or imprisoned for a year under the provisions of Child labour Act 1986. Children below the age of 18 fall under the purview of the Act.

Blame game

But the provisions have pitfalls. "Sure, the act is a first for housing societies, but frankly, it's a mere transfer of responsibility from the government to housing societies," said advocate Vinod Sampat Added Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association, "It's the duty of law enforcement agencies and not housing societies. The members are not legally empowered and it's difficult to assign blame, as the employee can always claim that the servant is a relative," said Prabhu. Housing societies say they have been vigilant. Paul Desousa, president, Connaught Mansion, Colaba, said there were no underage servants in the society."Whenever I see someone hiring someone who looks underage, I advise the employer to keep a birth certificate and a letter of consent from the parents. Children from rural areas look younger than their chronological age, which can create unnecessary problems," said Desousa.

Celebration time

For domestic workers the decision is cause for celebration. Bubbly Rawat, president, Maharashtra State Domestic Workers Federation, said, "We have already told all our members not to take their children to work or allow them to work. If they disobey, the union will not only register a complaint against the employers, but also against the parents." Anmol Bhusan, secretary of Highland Park Residents' Welfare Association, Mulund, has no complaints either. "The society needs to discipline its members. If someone is not following the law they need to be punished,"he said.2008Maker Towers I, Cuffe Parade, was raided by the state labour department when they learnt about five children employed by three very affluent families.

What to do

> If your neighbour employs a child, call Childline on 1098.

> Childline and associated NGOs visit the house and warn the owner to send the child home.

> If the owner doesn't pay heed to the warnings, Childline with the help of the Labour Commissioner, rescues the child.

> The child is then presented before the Children Welfare Committee, which decides the fate of the child — home or remand home.

> The owner is slapped with a Rs 20,000 fine in most cases.

(Mid-day 08/07/2009 By: Varun Singh)