Though the Child Labour Regulation and Prohibition Act (1986) prohibits children aged below 14 from being employed in any kind of work, Sections 23 and 26 of the Juvenile Justice (Care and Protection) Act 2000, adopted by the Maharashtra government and covers children till the age of 18 years, prohibits the “loss of childhood” owing to such employment. While it is not possible to ascertain beyond doubt the age of the children working along Pedder Road for the past four days owing to absence of any paperwork with them or the contractor, all the boys Newsline spoke to admitted they are in their teens. Many had left their native towns in search of work.

Mohammed Arif is just 13. He had come to Mumbai from his village near Calcutta a month ago, he says, in search of work. “I came recently to the city and got this job immediately after I met the others.”

Brothers Sameer and Nayan Seth are also from Calcutta, both below 18 years of age. “We have been working in Mumbai for the last one-and-a-half years. There are no employment opportunities back home and we found jobs as labourers here. Our family has recently shifted here and we earn some money,” says Sameer.

Representatives of Childline Foundation, an organisation active in rescuing child labourers in Mumbai, say the law clearly prohibits employing children in construction labour. “It is the lowest and most menial form of unskilled labour. It prevents the child from gaining skills and leads to gross violation of child rights,” says Nishit Kumar, head of communication and strategic initiatives at Childline. “The BMC should make sure that contractors do not employ child labourers and the tender conditions should explicitly say so.”

The BMC, however, chose to pass the buck. Deputy Municipal Commissioner (Special Engineering) DL Shinde said it was the responsibility of the contractor to ensure that children are not employed. “We cannot look into all the nitty-gritties and are more worried about finishing the work on time.”

On the other hand, Mukesh Purohit, the superintendent for contractor Babulal Uttamchandani, insisted there are no children at work. “There are no children working on the project. They might have accompanied their parents as it is vacation time. You might have seen them playing at the spot,” he said.

But that’s not what Mohammed Sheikh, Wasim Seth and Mohammed Arif, teenagers from rural parts of the country, say. They have been working inside the excavated portion of Pedder Road, carrying soil and water for several hours a day. A labour contractor at the spot also confirms that the children were picked up from Reay Road and have been working on various infrastructure projects in the city. “They are paid between Rs 140 and Rs 160 a day for a 10-hour shift from 8 am to 6 pm. If they carry out excavation work, they are paid Rs 220,” he says.

The BMC is shelling out Rs 20 lakh to the contractor for the work of laying new sewer pipelines and rebuilding the manholes on a 240-metre stretch of one of the financial capital’s most exclusive addresses. The work has already been completed on a 100-metre stretch of the road. The remaining work is expected to be completed before May 15.

Truth and denial
We have been working in Mumbai for one-and-a-half years
— Sameer and Nayan Seth, teenagers from Kolkata

They might have accompanied their parents as it is vacation time. You might have seen them playing
— Mukesh Purohit, superintendent for the BMC’s contractor

We are more worried about finishing the work on time
— DL Shinde, Deputy Municipal Commissioner (Special Engineering)

We are shocked. We request the BMC to ensure that they follow the law. It is a moral dilemma that children are working to fill empty stomachs back home
— Veena Singhal, Pedder Road Residents Association president