Child Labour: Rajasthan High Court Issues Notice To Centre On PIL To Institutionalise Rescue & Rehabilitation Mechanism

A Division Bench comprising Chief Justice SS Shinde and Justice Anoop Kumar Dhand allowed the application filed by petitioner, Advocate Gopal Singh Bareth. It ordered,

"Petitioner who appears in person prays for leave to amend the petition so as to implead the concerned department of the Central Government as party-respondent. Leave granted. Issue notice to the newly added respondents, returnable on 02.08.2022."

Earlier, the Court had sought for a firm and concrete action plan from the state to curb child labour activities. During the course of hearing on Wednesday, Advocate General M.S. Singhvi invited the court's attention to the various compliance reports and assured that further consolidated compliance report, including steps taken, if any, in respect of rehabilitation will be incorporated in the affidavit to be filed.

The court also granted liberty to the private respondents to place on record suggestions, if any, by way of an application.

Notably, in compliance with the court's previous order on 17.06.2020, the state had formed a high level committee comprising the Secretary, Department of Labour and the Labour Commissioner as Chairman and Secretary of that committee respectively. Further, detailed directions were also issued in the present matter on 28.09.2020 by the High Court.

Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer Jain, had opined,

"Since, the committee had already been constituted by the State on 17.06.2020, we direct the respondent-State to place before the Court, the action so far taken by the said committee to prevent child exploitation and labour. Moreover, a firm and concrete action plan is also necessary to curb these activities. The high level committee constituted vide order dated 17.06.2020 is required to address these issues with the help of experts from various fields and if necessary NGOs who are already involved in protection of children."

On perusal of the state's report, the court had observed that a number of child labourers were found in police action and were later rescued. The court had added that large number of criminal cases have also been registered against those involved in child trafficking and exploitation of children in various small/large scale industrial and commercial activities. The court had found that action has also been initiated where a child labour were found dead

The division bench, while examining the reply filed by the state, had said,

"Further, it is also revealed that the child labours are being trafficked from other States of the country which are mostly those areas where because of poor economic condition and abject poverty, they become easily available for such exploitative practices. Obviously, this all is being done through organized activities where children from other States or within the State of Rajasthan are being trafficked and brought to certain areas to work as child labour in exploitative condition until they are rescued and rehabilitated."

The court had also compared the number of cases in other areas and observed that a high number of cases of offences against children in certain identified areas are being carried out by unscrupulous elements by deploying child labourers.

In this regard, the court had observed that the high level committee should focus on this issue and prepare appropriate action plan with the help of experts/NGOs to ensure that such exploitative child labour practices are put to halt. The court had noted that allowing such activities to first happen and then taking action by registering offence is not enough. Appropriate action plan is required to be prepared and implemented to prevent such activities so that the children are not put to such exploitative practices as child labourers, added the court..

Moreover, the court had also sought the action so far taken by the high-level committee along with a concrete action plan, as observed hereinabove, from the State on the next date of hearing.

Mr. Gopal Singh Bareth-petitioner appeared in person. The counsels for the respondents include AG M.S. Singhvi with Adv. Siddhant Jain, Adv. Priyanka Mali and Adv. Saziya Mukadam on behalf of Adv. Veyankatesh Garg.

Case Title: Gopal Singh Bareth v. State Of Rajasthan