Child labour continuing right under noses of government, police: Delhi High Court directs State to inspect 183 locations

The Delhi High Court recently ordered the constitution of committees under the supervision of the Delhi Chief Secretary in each district of the capital to inspect premises employing child labour [Bachpan Bachao Andolan v. GNCTD & Ors]..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the committees shall be constituted with the coordination of the Deputy Commissioner Police (DCP) of each district, Department of Labour, Women and Child Welfare Department and the Municipal Corporation of Delhi. The Court directed these committees to rescue the children working at premises and take steps for their rehabilitation as per its earlier orders.The government has also been directed to search the 183 locations identified by NGO Bachpan Bachao Andolan, where children are alleged to be working, and file a status report on the same by the next date of hearing..The Bench passed the order in a Public Interest Litigation (PIL) filed by Bachpan Bachao Andolan in the aftermath of a fire that broke out in December 2019 at Delhi’s Sadar Bazar. The fire resulted in the death of 43 people, including 12 children who were working in factories illegally housed in extremely small units and stuffed with inflammable materials.It was argued that such units are still operating in the area, and that compensation has not been disbursed to the deceased’s families even three years after the incident..After considering the case, the Court observed that it is saddening that these units are working right under the noses of the government and the police, who were aware of these factories, but were taking no steps to curb the menace.“Children who ought to have been studying in schools are forced to work in these 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,” the Court said.It further noted that the Delhi government has a scheme in place to provide compensation to victims of fire and other incidents. As per this scheme, ₹5 lakh should have been provided to the families, but nothing concrete has been done in that regard.It, therefore, directed the State to immediately release ₹5 lakh for each of the victims who lost their lives, as ex-gratia interim payment.“It is expected that in the last three years, the Government has already identified the relatives of the victims who have lost their lives in the incident. If the exercise has not been concluded yet, then the Government is directed to conclude this exercise within four weeks from today,” the Bench ordered.It further said,“It is stated that the relatives of the victim have given an undertaking that they are willing to forgo the amount of compensation. 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.”.The Court also impleaded the fire department as a respondent in the matter and listed the matter for further consideration on March 27..Advocates Prabhsahay Kaur, Rachna Tyagi and Bindita Chaturvedi appeared for the petitioner.Additional Solicitor General Chetan Sharma and Advocates Anurag Ahluwalia, Satyakam, Amit Gupta, Abhinav Mukerji, Akshay C Shrivastava and Pallavii Singh appeared for the respondents. .[Read Order]