✏️ Sample Solved Problem (IRAC Method) — KSLU Hr Notes

✏️ Sample Solved Problem (IRAC Method)

Problem: A 14-year-old girl, Priya, is employed as a domestic worker by a middle-class family. She works 16 hours a day, receives no wages, is not sent to school, and is physically abused. The NHRC is approached. Examine what protections exist and what remedies are available.

I — Issue

Whether Priya’s employment and treatment violates her rights under the Indian Constitution, domestic laws, and international instruments; and what remedies the NHRC and courts can provide.

R — Rule

• CRC Arts. 19, 28, 32, 37 — Protection from violence, right to education, protection from economic exploitation, protection from torture
• UDHR Arts. 4, 26 — Freedom from slavery, right to education
• Art. 24, Constitution — No child labour in hazardous employment (domestic work covered after 2016 amendment)
• Child Labour (Prohibition and Regulation) Amendment Act, 2016 — Domestic work included in hazardous occupations for under 14
• Art. 21A — Compulsory education from 6 to 14 — Priya is being denied this
• POCSO Act, 2012 — Physical abuse by employer may constitute assault
• Juvenile Justice Act, 2015 — Priya qualifies as a “child in need of care and protection”
• PHRA, 1993, S.12 — NHRC can investigate violations by State and private parties where State duty is involved

A — Analysis

Priya is 14 — the exact age at which the Constitutional and legal protections are strongest. Art. 24 prohibits her employment in hazardous occupations. Domestic work was added to Schedule to Child Labour Act post-2016 amendment — employment here is illegal. The denial of education violates Art. 21A. Physical abuse crosses into violation of Art. 21 (right to dignified life) and may constitute an offence under POCSO. Under CRC Art. 32, the State has an obligation to protect children from economic exploitation — India ratified CRC in 1992.

The NHRC can issue notice to the State (for failure to implement child labour and education laws), recommend FIR registration, and order rescue and rehabilitation under the Juvenile Justice Act. The child should be placed with a child welfare committee.

C — Conclusion

Priya’s rights under Arts. 21, 21A, and 24 of the Constitution and Arts. 19, 28, 32 of the CRC are violated. The NHRC must intervene — recommend FIR against employer, transfer of Priya to a Child Welfare Committee for rehabilitation and education. The employer is liable under the Child Labour Act and potentially POCSO. The State is responsible for failing to enforce existing protections.

📄 The full PDF bundle has 6 more problems for Unit V — CEDAW domestic violence scenario, UNCRPD reasonable accommodation at work, ILO 169 tribal FPIC problem, statelessness and non-refoulement, minority education rights under Art. 30, and NHRC’s jurisdiction over private employers. Get the Notes + Question Bank bundle — ₹199