New Delhi, 15th July 2009. Bachpan Bachao Andolan (BBA) welcomes the landmark judgement delivered by Delhi High Court today regarding child labour. This judgement has been given in a Public Interest Litigation filed by BBA in Delhi High Court in 2005 demanding clear plan of action on the procedure of identification, release and follow up of rehabilitation of child and bonded labourers in the capital.

The Honourable Chief Justice of Delhi High Court, Justice Shri A.P.Shah asked the National Commission for Protection of Child Rights (NCPCR) to formulate an action plan with the help of BBA. Today the action plan was approved with further modification suggested by the petitioner.

Among the salient features of the judgement is the recovery of fine of Rs. 20,000/-(Twenty thousand) from the employer of each child labourer on the spot under the land revenue provisions by the district authorities.

Earlier the recovery was not practically possible due to the cumbersome and lengthy procedure carried out by the labour department.

A second important point in the judgement is a clear direction to the state for taking action under all relevant laws including Child Labour Act, Bonded Labour Act, Juvenile Justice Act as well as the appropriate provisions of Indian Penal Code. This was the biggest bottleneck in the past as the authorities generally used to act under Child Labour Act in case of children under 14years whereas the children between 14 and 18 were left out. Now onwards these adolescents would also be liberated under Bonded Labour Abolition Act 1976 and Juvenile Justice Act 2000.

Founder of BBA, Mr. Kailash Satyarthi commented, “It is for the first time when the confusion among various government departments like the police, labour department, child welfare committees, sub divisional magistrate on their roles and responsibilities has largely been cleared through this judgement. This will make the life of practitioners like us easier in bringing back the liberty and childhood of hundreds of thousands of children languishing in exploitative work in the capital and will also hold the authorities accountable.”

We believe that this judgement will go a long way in elimination of child labour not only in Delhi but would be used as a precedent countrywide said the Senior Advocate H.S. Phoolka, the Counsel for BBA.

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http://www.thaindian.com/newsportal/uncategorized/delhi-high-court-approves-guidelines-for-child-labour-cases_100218354.html

http://www.dnaindia.com/india/report_delhi-hc-cracks-down-on-employers-of-child-labour_1274390