Kerala High Closes Suo Moto PIL Against Child Labour, Beggary; Directs Social Justice Dept To Monitor Govt Initiatives

The Kerala High Court recently directed the Kerala State Legal Services Authority (KELSA) to review the steps taken by it to protect and rehabilitate children engaged in begging and child labour, as well as the steps taken to combat drug abuse among children. 

The court also directed the Secretary to the Government of the Social Justice Department to monitor and review the initiatives taken by the Government in this regard.

A division bench of Justice S Manikumar and Justice Murali Purushothaman passed the order while closing a public interest litigation aimed at reducing the number of children involved in child labour, begging, and trafficking in the state.

The court had initiated the suo motu proceeding when Justice Shaji P. Chaly, Chairman of the High Court Juvenile Justice Committee, highlighted the need to look into the unfortunate circumstances under which children were being forced to beg or sell articles at junctions and tourist locations. Justice Chaly had stressed on the need to take care of such children and repatriate them or house them in shelter homes.

The Secretary to the Government, Social Justice Department and the Director, Women and Child Development Department, pointed out the steps taken by the State to reduce the number of children involved in child labour and begging. They highlighted the 'Saranabalyam Project,' launched by the state government that provides emergency services, by appointing Rescue Officers for locating and rehabilitating children at risk. The court was informed that District Task Forces led by the District Collector have also been established.

The state submitted that repatriation procedures are followed to send children from other states, in need of care and protection, back to their home state with the help of District Child Protection Units. Additionally, to provide temporary housing for children found on the streets, four open shelters are operating in the state in collaboration with NGOs, where children can education, food, and shelter. The state also submitted that a prevention plan has been put in place including development of a smartphone application to identify vulnerable children. Steps have been taken to create awareness about drug abuse prevention and de-addiction also.

The Labour Commissioner submitted that the Labour Department has been initiating periodic inspections in hotels, factories, fish peeling companies, shops and commercial establishments to curb the issue of child labour.

The Excise Commissioner also highlighted the State's efforts in combatting drug abuse and addiction among children. In this regard, the Excise Department has launched awareness campaigns such as 'No to Drugs', 'Lahari Varjana Mission', and 'Vimukthi'. The Excise Commissioner has also held meetings with Principals of Medical Colleges, Dental Colleges, Ayurveda and Homeo Medical Colleges in the state to discuss preventive measures to address the issue of drugs. Two committees have been formed by the State Education Department, "Nerkoottam" in College Campuses and "SRADHA" in College Hostels to address the drug menace among students.

The Court had also impleaded the Programme Head of ChildLine India Foundation, which works with the Union Ministry of Women and Child Development. It was submitted by the Foundation that it operates a 24-hour emergency outreach service for children in crisis called CHILDLINE 1098. The service connects children in need with emergency or long-term care and rehabilitation. The court was also informed that in Kerala, CHILDLINE 1098 services are available through 31 units, including at 4 Railway Child Help Desks-Trivandrum, Ernakulam, Thrissur, and Kozhikode railway stations. It was also submitted that the Ministry of Women and Child Development has developed a standard operating procedure (SOP) setting out the role of different stakeholders to protect children in contact with railway stations.

The Kerala State Legal Services Authority submitted that as per the Annual Report 2021-2022 of CHILDLINE Ernakulam, 103 children were rescued from various railway stations in Ernakulam District.

KELSA also submitted that, the District Legal Services Authorities (DLSAs) have taken steps to get details of vulnerable schools in different districts and in collaboration with the Excise Department, and other stakeholders, is taking steps to devise a plan to combat drug abuse among children.

Case Title: Suo Motu V The Secretary To Government

Citation: 2023 LiveLaw (Ker) 178

Click here to read/download judgment