'If Money Is Paid, The Authorities Would Bend & Flout The Rules': Madras HC Seeks Report On Corrupt Govt Officials Who Unauthorizedly Issue Movement Passes [Read Order]

"It is not known as to how without proper e-passes, it has been possible to bring the children from one District to another District. It only implies that if money is paid, the authorities would bend and flout the Rules and without e-passes, people are traveling by bribing the authorities," observed the bench comprising Justices N. Kirubakaran and VM Velumani.

The Court was hearing a Habeas Corpus petition, filed on behalf of six minor girls, allegedly detained at the Chenniyappa Yarn Spinners Pvt. Ltd., for child labour. However, pursuant to a raid at the said company, in pursuance of the Court order, it was disclosed that as many as 133 adolescent workers had been employed therein.

These minor workers were brought from various Districts, on the pretext of providing education along with work, without proper e-passes and they had been kept without Covid tests or obtaining fitness certificates.

The Court noted that the instant case is only a "tip of an iceberg" and throughout the State, there are brokers available for getting e-passes for Rs.500 to Rs.2000.

It has therefore directed the State Government to "seriously look into" the matter and deal with the "cruel blood thirsty wolves" (corrupt officials who unauthorizedly issue e-passes in exchange for money), with iron hand. It has also asked the Police Authorities, Labour Department and Child Welfare Committees in the Districts to remain "vigilant" and conduct raids regularly to eradicate child labour.

The Court has acknowledged that the Government is not responsible for the present position, but some of the corrupt officials, who are involved in issuing e-passes. It has therefore enquired from the Respondent-Company as to how they have been able to bring children to work in their company premises without getting proper e-pass.

An affidavit in that regard has to be filed by August 20, 2020.

"It is really pathetic to hear the stories of children who, for the sake of their family, have come to work even without going to school. Parents should take care of their children and owing to their helplessness, they cannot send their children to work when the Government is providing education free of cost and also, free food apart from scholarships. Parents should make utmost use of the incentives and facilities provided by the Government instead of sending their wards to work at such a tender age depriving them of their right to education and a bright future," the bench remarked. It directed that the children so rescued may be handed over to their respective parents through the Child Welfare Committee.

Case Details:

Case Title: CM Sivababu v. State of Tamil Nadu & Ors.

Case No.: HCP No. 1299/2020

Quorum: Justice N. Kirubakaran and Justice VM Velumani

Appearance: Advocate J. Ashok (for Petitioner); APP M. Prabhavathi Ram (for State)

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