SC Allows Application To Implead States in PIL Seeking Protection Of Migrant Children's Fundamental Rights In Wake Of Covid19

Supreme Court has on Monday allowed to implead the States in the PIL filed by Child Rights Trust seeking directions for protection of the fundamental rights of migrant children and children of migrant families in the wake of COVID-I9. An application to implead the States was moved by the petitioner trust.

A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian issued the direction while hearing the plea seeking enforcement of the fundamental rights of migrant children and children of migrant families. The plea brings to fore five areas of concern with regard to migrant children, i.e. hazardous living conditions, food security, health needs, education and protection.

During the hearing the Court considered an application to implead all States in the matter filed by the petitioner.

Senior Advocate Jayna Kothari appearing on behalf of the petitioner requested the Court to issue directions on at least prayers f, h and I, regarding giving data on out of school migrant children and a plan to provide their temporary education to get back when schools reopen. She stated that in many states the schools are reopening, and Schools from where the migrant children had dropped out are slowly reopening but the migrant children have totally gone into child labour.

ASG Aishwarya Bhati appearing for the Union respondents, submitted that the petition has come up after notice, but only now the petitioners have filed an application to implead the States. She stated that the application may be allowed by the State as all these schemes, are centrally funded but are executed by the States.

Senior Counsel Kothari then requested if some

directions be issued that at least the States and Union give some plan as to how they will get migrant children back into education who have lost out. Some directions may be issued in that regard.

ASG Bhati submitted that an affidavit is prepared and will be filed and submitted in 2 weeks but the execution will have to be done later.

The Court refused pass any directions today in terms as requested by the petitioner, and stated that the Court will take up the matter.

Senior Counsel Kothari had sought directions in terms of the following three prayers from the Court today:

• Directions to provide data on the out of school migrant children from all the States and to provide an action plan on providing a temporary education plan for migrant children and an action plan on how migrant children will be brought back to schools when schools start.

• Directions to involve the VCPCsi Women and Child Protection Committees and Urban Child Protection in tandem with the school authorities and District Child Protection Units to prevent children entering the labour market (animal husbandry, agriculture)

• Directions to submit an action plan on the prevention of child marriages during this period

The present petition has been filed for enforcement of the fundamental rights of migrant children and children of migrant families, under Articles 14, 15, 21, 2lA, 39 and 47 of the constitution during the covid 19 pandemic. During the nationwide lockdown, the country witnessed a mass exodus of millions of migrants from cities and while there were several measures taken for the protection of migrant workers, the impact of all of this on the migrant children has not been addressed by the Respondent authorities.

The plea has categorised Migrant children into three categories:

• Children of migrant workers who are left behind in their villages

• Children who are taken by the migrant families with them and

• Migrant children who migrate for labour of their own.

The plea has stated that all of these children have been the most vulnerable during this time and have been the worst affected. The Children of migrants and migrating children remain invisible and are denied access to healthcare and proper nutrition, access to education, and are living in makeshift, unfriendly, unhygienic and testing conditions.

According to the petitioner, Migrant children affected due to Covid are still working in brick kilns, stone crusher units, construction sites, rice mills, plantations and other sectors where children as young as 5 years lend a hand to help their parents earn their daily sustenance.

"The pandemic is having a discriminatory impact on migrant children and has aggravated their vulnerabilities. This petition brings to fore five areas of concem with regard to migrant children, i.e. hazardous living conditions, food security, health needs, education and protection. " the plea reads

The plea has further stated that Migrant children have been deprived of access to food security which is a fundamental right under Article 2l and also a statutory right under the National Food security Act, especially because schools and anganwadis are closed and hence the mid-day meals provided in the schools are not available. Children from 0-6 months and from 6 months to 3 years have other food and nutritional security guarantees under the NFS Act which are not being complied with. Migrant children who are stranded or in relief camps and quarantine centers at source districts without food or shelter. Children of migrant workers who have been travelling with them, have died due to lack of food.

In addition to food, according to the petitioners, the children of migrant workers are left in a particularly vulnerable position regarding health. There have been deaths of infants and children due to starvation, malnutrition

and tiredness. During this time of a demand in the healthcare sector in the fight for COVID-l9, the regular health issues such as immunization, maternal healthcare, mental and physical heaith of children, immunization, health check-ups, primary health care and other medical services are suffering and are not being provided due to which migrant children are not getting their basic health care.

Migrant children are the highest group of out of school children and during the pandemic when schools are shut, migrant children are facing higher risk of being forced into child labour, child marriages and'hazardous work or coming in conflict with the law. School shutdowns leave girls confined to their houses and increase the possibiliff of abuse and neglect and influences child marriages on a bigger scale than normal times. Durring the COVID-19 crisis the attention of frontline workers, the police and other functionaries shifted to extending humanitarian response to those affected and created a vacuum in monitoring mechanisms related to children.

According to the petitioner, all of this amounts to a violation of the fundamental rights of migrant children under Articles 14, 15, 19,21,21A,39 and 47 of the Constitution and the Court should pass directions to protect the fundamental rights of migrant children and children of migrant families in the wake of COVID-I9.

The present petition has been filed by Advocate Rukhsana Choudhary