Children Being Forced To Work In Factories Right Under Nose Of Govt, Police: Delhi High Court, Orders Inspection Of Units Employing Child Labourers

The Delhi High Court has ordered that a committee be constituted in each district for inspection of the premises where units are employing child labourers, and called for a status report regarding the action taken. 

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that under the supervision of Chief Secretary of Delhi, the Deputy Commissioner of Police of each District in coordination with the Department of Labour, Women and Child Welfare Department, and the Municipal Corporation of Delhi are directed to form such committees. 

The bench said that children, who are found to be working in such units, should be rescued and the directions given by court on September 20, 2019 must be complied with. A coordinate bench in 2019 had issued various directions to Delhi Government to deal with the issue of child labour.

The court was hearing a plea moved by Bachpan Bachao Andolan highlighting the plight of children working in factories housed in extremely small units stuffed with inflammable materials.

The petition was moved in light of an incident of December 8, 2019 where a massive fire ripped through a building in city’s Anaj Mandi in Sadar Bazar, resulting in death of 43 persons, including 12 children aged between 12 to 18 years.

A status report filed by Delhi Government stated that the activities being carried out in the building were “completely illegal” and the accused persons had “failed to follow the regulations in maintaining the premises” which resulted in huge fatalities.

It also revealed that the building was neither properly ventilated nor compartmented and did not have any fire safety arrangements. It added that the occupants of the building could not escape by themselves as the area near the staircase was engulfed in fire and dense smoke filled the rooms.

Taking a stern view of the matter, the court said that children who ought to have been studying in schools are forced to work in places which are unhygienic, inhabitable and accidents which are waiting to happen.

“For their greed for money and profit, unscrupulous factory owners employ children as they have to be paid less than minimum wages and, driven out of extreme poverty, these children are forced to work at these places instead of seeking education in order to earn bread for their families. The laudable object of Article 21A of the Constitution of India has been completely thrown to the winds,” it said.

The court also expressed concern on working of the units “right under the nose of the Government” including the police officers “who are aware of such factories being run” and yet no steps are being taken by the State to curb the menace.

The court also noted that “periodic judgments” have been passed by the court as well as the Supreme Court which have been ignored by the authorities as being “mere pieces of papers.”

The bench also noted that the Delhi Government had introduced the Delhi Victims Compensation Scheme, 2018 under which a victim has been defined to mean a person who has suffered loss or injury.

It noted that under the scheme, minimum compensation for loss of life has been fixed at Rs.3 lakhs and the upper limit of compensation has been fixed at Rs.10 lakhs.

Furthermore, the bench also took note of an order issued by the government on March 5, 2020 enhancing the limit of ex-gratia relief for victims of fire and other accidents at Rs.10 lakhs and Rs. 5 lakhs in case of death of a major and minor, respectively.

Noting that relatives of the victim had given an undertaking stating their willingness to forgo the amount of compensation, the court said: “Despite such undertaking, the payment of compensation should be concluded within six weeks from today. Any lapse on the part of the Government in not paying the compensation would be viewed very seriously by this Court as willful disobedience of the Orders of this Court.”

As Bachpan Bachao Andolan identified 183 locations where children are found to be working, the bench directed the Delhi Government to search the locations, conduct an investigation and file a status report on the action taken by authorities in the matter.

Title: BACHPAN BACHAO ANDOLAN v. GNCTD & ORS

Citation: 2023 LiveLaw (Del) 116

Click Here To Read Order