DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE
SOCIAL JUSTICE AND LAW

SUBJECT
SOCIOLOGY

NAME OF THE FACULTY

Prof. M. LAKSHMIPATHI RAJU

Name of the Candidate

Roll No. & Semester
B.S.D.N.L.RATNA SUPRIYA
2015018 & SEMESTER - 1

GRAMMERLY REPORT

AKNOWLEDGEMENT
I would like to thank sincerely, Prof. M. Lakshmipathi Raju for giving me a golden opportunity
to take up the project regarding the Social justice and Law. I have tried my best to collect
information about the project in various possible ways to depict clear picture about the given
project. Regarding this project I came to know the laws which are related to the present when
compared to the past.

TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.

ABSTRACT
OBJECTIVE OF THE STUDY
SIGNIFICANCE OF THE STUDY
SCOPE OF THE STUDY
REVIEW OF LITERATURE
RESEARCH METHODOLOGY
HYPOTHESIS
BODY OF THE CONTENT

ABSTRACT
The sociology of law is often described as a sub-discipline of sociology or an interdisciplinary
approach within legal studies. Some see sociology of law as belonging necessarily to the field
of sociology whilst others tend to consider it a field of research caught up between the disciplines
of law and sociology.
MEANING:
Sociology means,
1. The study of the development, structure, and functioning
of human society.
2. The study of social problems.
Law means,
1. The system of rules which a particular country or
community recognizes as regulating the actions
of its members and which it may enforce by the
imposition of penalities.
2. A rule defining correct procedure or behavior in
a sport.

OBJECTIVE OF THE STUDY

The researcher tells in this topic about social justice in various regarding aspects such as
reservations, education system, child labour, fundamental rights. And also the Indian constitution
regarding social justice and various Articles regarding the social justice.

SIGNIFICANCE OF THE STUDY

By this topic the researcher will comes to know about the various laws and Articles regarding the
social justice. He also gets the case laws regarding the social justice. He also compares the past
conditions when without these laws were not implemented to the present conditions when these
laws were implemented.

SCOPE OF THE STUDY

The researcher limits the scope of the study regarding this topic social justice to the laws and
amendments and Articles regarding the social justice.
And also the various aspects regarding the social justice which we observe in our society in day
to day life situations.

REVIEW OF LITERARURE
1. Sociology of Law Indra Deva
2. An Introduction To Sociology Navendu K. Thakur
3. Hand Book on Pre- Law 1st Year Sociology U.S. Singh

RESEARCH METHODOLOGY
The researcher study in this project is purely doctrinal study. It also includes some books,
articles, journals.

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HYPOTHESIS
The researcher proves in this study about the laws and amendements related to the social justice.
Also the various aspects regarding the social justice which we observe in day the day to day life.

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INTRODUCTION:
The sociology of law is often described as a sub-discipline of sociology or an
interdisciplinary approach within legal studies. Some see sociology of law as belonging
necessarily to the field of sociology whilst others tend to consider it a field of research caught
up between the disciplines of law and sociology.
MEANING:
Sociology means,
1. The study of the development, structure, and functioning of human society.
2. The study of social problems.
Law means,
1.

The system of rules which a particular country or community recognizes as regulating

the actions of its members and which it may enforce by the imposition of penalties.
2. A rule defining correct procedure or behavior in a sport.
DEFINATION:
Ever since AGUSTE COMTE, different sociologists have been trying to define sociology as
given below:
COMTE:
Sociology is the science of social order and progress
WARD:
Sociology is the science of society or of social phenomena
LAW:
Law is defined as the application of norms to its function for the state.
These both are inter related and these both are very important to the society.
The sociology and law is often described as a sub discipline of sociology 1 or an
interdisciplinary approach within legal studies. Some see sociology of law as belonging
necessarily to the field of sociology.
Sociology is not a branch of legal studies but it is a field of research.
1 http://shodhganga.inflibnet.ac.in
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It has been seen as treating law and justice as fundamental institutions of the basic structure of
society meditating between political and economic interests, between culture and the normative
order of society, establishing and maintaining a interdependence, and constituting themselves as
a source of consensus, coercion and social control.
Sociology is the academic study of social behavior, including its origins, development,
organization, and institutions. It is a social science that uses various methods of empirical
investigation and critical analysis to develop a body of knowledge about social order, social
disorder and social change.
Without social justice there is no law. Every law is relating to justice.
Law is created to give require justice.
Social Justice is shown in all sectors some various sectors are discussed below.
SOCIAL JUSTICE IN EDUCATION SYSTEM
Social justice means ensuring equality in all aspects which affect people in the community,
society, nation and the around the globe. Social justice is a concept which fights for the right of
every individual for the opportunities available in the society, no matter the class, age, gender,
race or ethnic origin. Social justice in modern day education is aligned to the dominate ideology
of democratic liberalism. This is about the examination of the hyper individualism emergence
which results into the dominance of the educational system and social justice. American students
comprise of those from rich and poor families, those from the urban and rural areas and those
who are straight and gay. Each day they are taught on the importance of equality and in every
pledging they make, they promise to be indivisible, ensuring there is justice 2 and liberty to all.
Students are also taught of the value of democratic equality which suggests on the need of all
American to be treated and regarded as equal citizens with no biasness on the basis of one's
background, economic status, belief , background, religion, race, or sex. The students are also
taught on the fundamental on the main democratic value of justice which is a core belief that
America provides the same opportunities and benefits to all the citizens. Despite the teachings
given to students on social justice the education system of America is characterized by
inequalities which from year to year are being perpetuated.

2 www.yourarticlelibrary.com
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The education system of American the 21st century is characterized by increasing wide gap
between those with and those without. This situation has been fostered by the trickle-down
economic policies and deregulation. These policies are traced back to the administration of
President Reagan and Clinton's administration which enacted the anti-worker legislation.
President Bush administration further supported the major businesses and offering tax free
breaks for the rich as compared to the lower and middle class people these polices have hindered
the ability of America to move towards being an enlightened society because these policies have
introduced a few Feudalism where as other already developed countries have had positive
development in their education system.
The implementation of policies which support social justice in the American education system
will mean providing equal opportunities to students in their rights to education. The reality about
the American system of education is that schools have distinct economic disparities. There are
those schools considered for the rich and those schools seen as poor schools. The socio-economic
condition of the families the students comes from determines the schools they attend to. The
choices of their extracurricular activities, access to money to pay for advanced placement,
yearbooks field trips and many other academic and non academic aspects. In most cases, the
students of low SES provide special education classes and remedial schools while their
counterparts attend schools which have college preparatory curriculum. Therefore the reality is
that students in America are not provided with the same educational opportunity as it is often
assumed.
History of public education in the United States
The public education of America is very distinct and unique compared to other countries mainly
because of the roles and responsibilities played by the individual school district and the states.
The formal public education of the United States was created I during the 19th century. The
public school system was initially suggested by Jefferson the American leader whose ideas were
well incorporated in the development of the country's education system. Other continents and
regions which had been colonists by New England such as New Hampshire, Connecticut and
Massachusetts had already established the primary3 form of education of public education which
3 www.educationus.org.us/history
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had already been implemented during the 1600s the main reason why the colonizers took to
educate the children was solely based on religious aspects of the Congregationalists and the
Puritans who were dominating on those regions. Alter when the regions began to be populated by
other people of different faiths. The initial concept of these public schools became weakened
through the opposition to learn both in the clergy imposition to the system and also in denial to
learn in English. This led to the formation of private schooling which were already a norm by the
mid of the 18th century.
SOCIAL JUSTICE IN RESERVATIONS
Reservation is one of the most important factors for the nation which makes the country to not to
go in a good direction. People for whom this is meant should recognise the efforts the
government is putting in for their upliftment and use this opportunity to bring themselves to the
mainstream of Indian society. They should understand that Reservation is not a good thing to
happen for the society as it is an indication of social inequality and social injustice which do
exist in our social setup. We need to diminish this and bring to our country, our nation a society
that is free from inequality, injustice and any form of Reservation; but to make this happen
people who fall in the category to be benefited from Reservation should come forward and
utilize this opportunity to rise and help themselves and the society as a whole to acquire a
socially forward, equal and just status.
By these reservations many talented children are being lost their excellent carrier towards the
education, employment. In deed that many suicides are being attempted mainly by the children
because they are losing their golden carrier.
State of Kerala and another v. N.M. Thomas and others4
Krishna Iyer, J. expressed his concurrence to the views of Fazal Ali, J. who said that although
reservation cannot be so excessive as to destroy the principle of equality of opportunity under
clause (1) of Article(16), yet it should be noted that the Constitution itself does not put any bar
on the power of the Government under Article 16(4) If a State has 80% population which is
backward then it would be meaningless to say that reservation should not cross 50%.

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However, in Indra Sawhney5 the majority held that the rule of 50% laid down in Balaji16 was a
binding rule and not a mere rule of prudence.
Giving the judgment of the Court in Indra Sawhney5, Reddy, J. stated that Article 16(4) speaks
of adequate representation not proportionate representation although proportion of population of
backward classes to the total population would certainly be relevant. He further pointed out that
Article 16(4) which protects interests of certain sections of society has to be balanced against
Article 16(1) which protects the interests of every citizen of the entire society. They should be
harmonised because they are restatements of principle of equality under Article 16. (emphasis
added) Are reserved category candidates free to contest for vacancies in general category In
Indra Sawhney5 Reddy, J. noted that reservation under Article 16(4) do not operate on
communal ground. Therefore if a member from reserved category gets selected in general
category, his selection will not be counted against the quota limit provided to his class. Similarly,
in R.K. Sabharwal8 the Supreme Court held that while general category candidates are not
entitled to fill the reserved posts; reserved category candidates are entitled to compete for the
general category posts. The fact that considerable number of members of backward class have
been appointed/promoted against general seats in the State services may be a relevant factor for
the State Government to review the question of continuing reservation for the said class.
Number of vacancies that could be reserved Wanchoo, J. who had given dissenting judgment in
Rangachari15 observed that the requirement of Article 16(4) is only to give adequate
representation and since Constitution-makers intended it to be a short-term measure it may
happen that all the posts in a year may be reserved. He opined that reserving a fixed percentage
of seats every year may take a long time before inadequacy of representation is overcome.
Therefore, the Government can decide to reserve the posts. After having reserved a fixed number
of posts the Government may decide that till those posts are filled up by the backward classes all
appointments will go to them if they fulfil the minimum qualification. Once this number is
reached the Government5 is deprived of its power to make further reservations. Thus, according
to Wanchoo, J. the adequacy of representation has to be judged considering the total number of

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posts even if in a single year or for few years all seats are reserved provided the scheme is shortterm.
The idea given by Wanchoo, J. in Rangachari15 did not work out in practice because most of the
time even for limited number of reservations, every year qualified backward class candidates
were not available. This compelled the government to adopt carry-forward rule. This carryforward rule came in conflict with Balaji16 ruling. In cases where the availability of reserved
category candidates is less than the vacancies set aside for them, the Government has to adopt
either of the two alternatives:
(1) the State may provide for carrying on the unfulfilled vacancies for the next year or next to
the next year, or
(2) instead of providing for carrying over the unfulfilled vacancies to the coming years, it
may provide for filling of the vacancies from the general quota candidates and carry
forward the unfilled posts by backward classes to the next year quota.
CASE LAWS:
But the problem arises when in a particular year due to carry forward rule more than 50% of
vacancies are reserved. In T. Devadasan v. Union of India and another6,
this was the issue. Union Public Service Commission had provided for 17% reservation for
Scheduled Castes and Scheduled Tribes. In case of non- availability of reserved category
candidates in a particular year the posts had to be filled by general category candidates and the
number of such vacancies were to be carried forward to be filled by the reserved category
candidate next year. Due to this, the rule of carry forward reservation in a particular year
amounted to 65% of the total vacancies. The petitioner contended that reservation was excessive
which destroyed his right under Article 16(1) and Article 14. The court on the basis of decision
in Balaji16 held the reservation excessive and, therefore, unconstitutional. It further stated that
the guarantee of equality under Article 16(1) is to each individual citizen and to appointments to
6 indiankanoon.org/doc/1130169/

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any office under the State. It means that on every occasion for recruitment the State should see
that all citizens are treated equally. In order to effectuate the guarantee each year of recruitment
will have to be considered by itself.

SOCIAL JUSTICE IN CHILD LABOUR:

Child labor is a huge barrier to education, and it is understandable how basic subsistence takes
priority over school attendance. However, lack of education perpetuates the cycle of poverty and
therefore it is a high hidden long-term cost to the child laborers and their families. There is also a
cost to the country, because an educated workforce is essential to support economic growth.
Education provides a form of social capital that raises aspirations by making people aware of
their situation and by giving them the means to take action to improve it. Economic growth is a
key factor in eliminating poverty. If the Nepali economy is to grow, then the government must
invest more in education. There is evidence to suggest the quality of education provided is
critical to school attendance. Improve the quality of the learning experience, and attendance will
improve concomitantly.
We should make a equal justice regarding this aspect because children are very important if we
make them educate our poverty status will change and the illiterate percentage will reduce. Their
studies will also improve our country and make our country as developed country from an
developing country.
The law in Indian soil says that any child below age of 14 cannot be employed either in a factory
or office or restaurant. In fact, Indias international business has been severely affected in many
cases because child labors, violating human rights, have been used in some stage or the other in
manufacturing, packaging a transport of those items. And, in a large number of cases of export of
ready-made garments, prawn and several other items from India has been rejected on grounds of
child labor being used.

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Truly speaking child labor is frequently utilized in India in various places of production and
service e.g., small scale industry, restaurant service, domestic aid, shopkeepers assistant, stone
breaking, book binding, in fact in every house-hold industry.
Causes of Child Labor
Now what is the background of engaging child labor7,
o

To have or increase the income of a poor family

To reduce the labor cost in a production organization

Misc. reasons for engaging as domestic aid as the children are less doubtful about
dishonesty or less liable to misbehave or be violent.

In a developed society where every citizen counts and all citizens have to have proper education,
health care supports, games and entertainment and complete his education so that when he is a
fully grown adult he can get a full employment with standard salary.

Solutions to Child Labor

The solution to the problem of Child Labor are:
o

The Child labor laws need to be strictly enforced by the Government.

The general public need to be made aware of the severe consequences of Child labor.

An increase in employment opportunity for adults would help in overcoming the problem
of poverty and child labor.

Government should ensure that every child gets the opportunity to go to school.

The owners of factories and mines should take the pledge of not engaging child in their
place of business.

Conclusion

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If the boy or girl takes up a small job as a domestic help or restaurant boy against a nominal
salary of Rs. 750-1800 per month, he does not get enough time time for primary and secondary
education and is most likely to remain completely illiterate, unskilled, perhaps with a weak
health and will have to remain unemployed or be engaged as an unskilled labor when he is
grown up. Hence in his own benefit and interest no child should be engaged as labor both from
legal point of view as well as the childs future interest.
AMENDMENTS OF SOCIAL JUSTICE IN INDIAN CONSTITUTION
The constitution of India was adopted on November 26, 1949. Some provision of the constitution
came into force on same day but the remaining provisions of the constitution came into force on
January 26, 1950. This day is referred to the constitution as the date of its commencement, and
celebrated as the Republic Day.

The Indian Constitution is unique in its contents and spirit. Through borrowed from almost every
constitution of the world, the constitution of India has several salient features that distinguish it
from the constitutions of other countries.

Dr. Bhimrao Ambedkar, was chairman of the drafting committee. He was the first Law Minister
of the India. He continued the crusade for social revaluation until the end of his life on the
6th December 1956. He was honoured with the highest national honour, Bharat Ratna in April
1990. B.R. Ambedkar was affectionately called Baba Saheb Ambedkar.

Dr. Ambedkar is the man of millennium for social justice, since he was the first man in history to
successfully lead a tirade of securing social to the vast sections of Indian humanity, with the help
of a law. Dr. Ambedkar was the man who tried to turn the Wheel of the Law toward social
justice for all. He has strong fervor to attain social justice among the Indian Communities for this
purpose he began his vocation.

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At the time of independence, the constitution makers were highly influenced by the feeling of
social equality and social justice. For the same reason, they incorporated such provisions in the
constitution of India. These are as follows
The words, Socialist, secular, democratic and republic have been inserted in the
preamble. Which reflects its from as a social welfare state. The expression socialist was
intentionally introduced in the Preamble.
The term justice in the Preamble8 embraces three distinct forms- social, economic and political,
secured through various provisions of Fundamental Rights and Directive Principles. Social
justice denotes the equal treatment of all citizens without any social distinction based on caste,
colour, race, religion, sex and so on. It means absence of privileges being extended to any
particular section of the society, and improvement in the conditions of backward classes (SCs,
STs, and OBCs) and women. Economic justice denotes on the non- discrimination between
people on the basis of economic factors. It involves the elimination of glaring in equalities in
wealth, income and property. A combination of social justice and economic justice denotes what
is known as distributive justice. Political justice implies that all citizens should have equal
political rights, equal voice in the government. The ideal of justice- social, economic and
political- has been taken from the Russian Revaluation (1917).
The term equality means the absence of special privileges to any section of the society, and
provision of adequate opportunities for all individuals without any discrimination. The Preamble
secures at all citizens of India equality of status an opportunity. This provision embraces three
dimensions of equality- civic, political and economic.
The following provisions of the chapter on Fundamental Rights ensure civic equality:
a)

Equality before the Law (Article 14).

b)

Prohibition of discrimination on grounds of religion, race, caste, sex of place of

birth (Article 15).

c)

Equality of opportunity in matters of public employment (Article 16).

d)

Abolition of untouchability (Article 17).

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e)

Abolition of titles (Article 18).

There are two provisions in the Constitution that seek to achieve political equality. One, no
person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race,
caste or sex (Article 325). Two, elections to the Lock Sabha and the state assemblies to be on the
basis of adult suffrage (Article 326).
Article 36 to 51 incorporate certain directive principles of State policy which the State must keep
in view while governing the nation, but by Article 37 these principle have been expressly made
non-justiciable in a court of law. Although these principles are not judicially enforceable, yet
they are not without purpose. The report of the Sub- Committee said:
The principles of Policy set forth in this part are intended for the guidance of the State. While
these principles shall not be cognizable by any Court they are nevertheless fundamental in the
governance of the country and their application in the making of laws shall be the duty of the
State.
According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a novel feature of
the Indian Constitution. They are enumerated in Part IV of the Constitution. They can be
classified into three broad categories- socialistic, Gandhian and liberal- intellectual. The
directive principles are meant for promoting the ideal of social and economic democracy. They
seek to establish a welfare state in India. However, unlike the Fundamental Right, the directives
are non- justiciable in nature, that is, they are not enforceable by the courts for their violation.
Yet, the Constitution itself declares that these principles are fundamental in the governance of
the country and it shall be the duty of the state to apply these principles in making laws. Hence,
they impose a moral obligation on the state authorities for their application. But, the real force
(sanction) behind them is political, that is, public opinion.

CASE LAWS REGARDING SOCIAL JUSTICE

In Minerva Mills case (1980), the Supreme Court held that the Indian Constitution is founded
on the bedrock of the balance between the Fundamental Rights and the Directive Principles.
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Social Justice is the foundation stone of Indian Constitution. Indian Constitution makers were
well known to the use and minimality of various principles of justice. They wanted to search
such form of justice which could fulfill the expectations of whole revolution. Pt. Jawahar Lal
Nehru put an idea before the Constituent Assembly.
In D. S. Nakara v. Union of India, the Supreme Court has held that the principal aim of a
socialist state is to eliminate inequality in income, status and standards of life. The basic frame
work of socialism is to provide a proper standard of life to the people, especially, security from
cradle to grave. Amongst there, it envisaged economic equality and equitable distribution of
income. This is a blend of Marxism & Gandhism, leaning heavily on Gandhian socialism. From
a wholly feudal exploited slave society to a vibrant, throbbing socialist welfare society reveals a
long march, but, during this journey, every state action, whenever taken, must be so directed and
interpreted so as to take the society one step towards the goal.
In Excel Wear v Union of India, the Supreme Court held that the addition of the word socialist
might enable the courts to learn more in favour of nationalisation and state ownership of an
industry. But, so long as private ownership of industries is recognised which governs an
overwhelming large principles of socialism and social justice can not be pushed to such an extent
so as to ignore completely, or to a very large extant, the interest of another section of the public,
namely the private owners of the undertaking.
Social Justice A fruit of Revolution:
Social Justice was initially a doctrine of Social philosophy but now it has entered into statecraft
and has captured. The constitutional field. The process has been historical. Social Justice Secured
equality whereas Political Justice secured liberty. The revolutions have lent this concept majesty
that human relations and associations in all their social, political and economic forms are now
clasped within its fold. Earlier, in the same judgment, Subba Rao, C.J., had said that the
preamble of our Constitution contains, in a nutshell, its ideals and its as privation worked out in
detail in the Constitution. The different constitutional entities, namely, the Union, the States and
the Union Territories; and the three major instruments of power, namely, the Legislature, the
Executive and the Judiciary, have their spheres and respective jurisdiction demorcated and the
scope and the manner of the exercise of their respective powers regulated by law. No authority
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created under the Constitution is supreme; the constitution alone is supreme. Earlier, in State of
Mysore v. Workers of Gold Mines9,
Gajendragadkar, J. (as he then was) had observed that social and economic justice have been
given a place of pride in our Constitution. The Preamble to the Constitution, a basic postulate of
the nation's founding faith, expressly articulates the vision of the nation as a Social Justice State
with a dynamic, democratic, egalitarian order. Indeed, Parts III and IV is plainly Fabian socialist.
1. Social justice and preamble of the constitution of India;
2. Social justice and fundamental rights of the citizen of India;
3. Social justice and directive principles of state policy.
4. Other provisions of the constitution of India

ARTICLES
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)

Right to Equality (Articles 14 to 18)

Right to Freedom (Articles 19 to 22)
Right to Education (Article 21-A) (iv)
Right against Exploitation (Articles 23 and 24) (v)
Right to Freedom of Religion (Articles 25 to 28) (vi)
Cultural and Educational Rights of minorities (Articles 29 and 30) and
Right to Constitutional Remedies (Article 32)

Democratic Rights v. Union of Indian

That it was the constitutional obligation of the State of takes necessary

steps for the purposes of interdicting such violation and ensuring
observance of the fundamental rights by the private individual who was
transgressing the same.
The first Fundamental Right secured to the people of India is the "Rights
to Equality". It is contained in Articles 14 to 18. These provisions are
discussed under the following heads9 State of Mysore v. Workers of Gold miners. AIR 1963 S.C
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1. Equality Before Law or Equal Protection of Laws (Article 14)

2. Prohibition of Discrimination Against Citizens (Articles 15)
3. Equality of Opportunity in Public Employment (Article 16)
4. Abolition of "Unsociability" (Article 17)
5. Abolition of Titles (Article 18)
ACTS REGARDING SOCIAL JUSTICE:
1. Civil Rights Act, 1964
2. Prevention of Atrocities Act,1989
( Scheduled castes and tribes and SCs and STs)
3. Human Rights Act, 1998
4. Child Labour
( Prohibition and prevention of children below 14 yrs going to the hazardous work)
This was the Bill, 2012 in Parliament
5. Right to Education Act, 2009
Its for children where education is compulsory.

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