HC rules out medical certificate by doctors in child labour case

Allahabad, Jul 16 (UNI) The Allahabad High Court today ruled that medical certificate of any doctor at the behest of an employer has no sanctity, as the child labour is to be examined by the medical authority under the act, through the labour enforcement officer.

Dismissing a writ petition filed by an employer (owner of a shop), Justice Rakesh Tiwari said ''it was a fact that when by a scientific approach the medical practitioner cannot determine the right age of any person, there is always a two years variance even in ossification test of bones for age determination.'' The HC added if the doctor, at the behest of the practitioner, had examined the age of child labour, said to be employed by him as 15 years, his age could be anywhere in the range of 13 to 17 years.

Therefore, the Court ruled out that Mukesh, the child labour, was not less than 14 years of age.

The Court passed this order on a writ petition filed by Satish Singh. The shop of the petitioner was inspected by the labour enforcement officer, child labour, Sant Kabir Nagar, on November 26, 2007.

On inspection, it was found that the petitioner had employed Mukesh and Consequently, the child labour commissioner, UP, issued a notice on January 14, 2008, directed the petitioner to deposit Rs 20,000 as provided under Child Labour Prohibition and Regulation Act 1986 for employing a child labour.

The petitioner had challenged the notice in the HC, saying that it was issued without hearing him and the age of the child (Mukesh) was above 15 years.

UNI VCP JAS ATI UCS2200