Children being forced to beg/sell things is violation of Article 21A: Karnataka HC asks State for scheme on identification of destitute children

The Karnataka High Court on Wednesday directed the state government and Bruhat Bengaluru Mahanagara Palike (BBMP) to come up with a scheme for identification of homeless and destitute children in the city..The Court passed this direction while hearing a plea seeking the prohibition of children from selling products at traffic junctions in Bengaluru. .While passing the said direction, the Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty observed,."This is a serious issue as children are forced to do begging or sell things, they are deprived of their fundamental right guaranteed under Article 21A. If their circumstances are forcing them to do so, then it is a violation of their fundamental right guaranteed under Article 21."Karnataka High Court.Pertinently, the Bench clarified that before the commencement of the exercise, the scheme for identification will have to be submitted to the Court..The Court added that BBMP could always approach Non-Governmental Organisations (NGOs) that work in the field for help in compilation of data on children involved in beggary/selling items at traffic junctions. .It was further stated that subsequent to the submission of the scheme, the Bench would issue directions for implementation of the provisions of the Juvenile Justice Act, specifically Chapter VI of the Act..In its order, the Court also noted that the issue will have to be considered in light of Section 2(d) of the Act, which defines child in need of care and protection..Further, the Court asked the State on what steps it would take after a scheme was in place. .These observations were made by the Court in a plea moved by NGO Letzkit Foundation seeking a direction to prevent the deployment of young children to sell products at traffic junctions in the city..Pointing out that the law prohibits beggary and prescribes penal action against those who use children for beggary, the petitioner urged that the State and its authorities have to prevent the practice..The petitioner also brought to the notice of the Court that young children were found selling various products at several traffic junctions even when the city was largely affected by the COVID-19 pandemic..The NGO has also prayed that children of daily wage workers be admitted to schools, even in the middle of an academic year, to ensure that they are not forced to engage in child labour or begging..The plea has been filed through Advocate Puthige Ramesh. The matter will be heard next on November 30. .[Read plea here]