NOTE

 

The Social Jurist has filed the present PIL in the backdrop of the facts that on 21.11.2005 as many as 425 child labourers were rescued from zari factories Jafarabad area of Delhi.  Thereafter, these child labourers were simply handed over to the so called relatives or parents of these children by the child welfare committee.  It was found that 20% of these children were earlier rescued from other States while working as child labourers in zari factories.  It was also found that the rescued children belong to states like Bihar, Uttar Pradesh, West Bengal.  Some of the rescued children belong to Nepal.  The 20% of the children are in the age group of 5-8 years, 40% are in the age group of 8-12 years and rest of the 40% is in the age group of 12-14 years.  The grievance of the Social Jurist before the court was that the rescued children were simply handed over to the parents without ensuring that the children would go to school and their parents would be rehabilitated and in the absence thereof, all the children would be just recycled as child labourers.  The entire object and purpose of rescuing child labourers is being defeated because the government has no system in place to ensure schooling for these children and rehabilitation for their parents.

 

The Hon’ble High Court when informed that maximum rescued children belong to State of Bihar, the Hon’ble Court directed the Resident Commissioner of Bihar to appear in person before the court.  Similarly, when the Hon’ble Court was informed that more than 60% girl child working as domestic servants in different parts of Delhi belong to State of Jharkhand, the Hon’ble Delhi High Court was pleased to issue notice to the State of Jharkhand.

 

On 1.11.2006, the Hon’ble Delhi High Court was informed that the nine children who were rescued on 6.10.2006 from zari factories, Meetapur Village have been kept in government children home at Lajpat Nagar and neither the Government of Delhi nor the State of Bihar has shown any concern about repatriating or schooling or rehabilitation of these children and they are just continuing in the children home, the Hon’ble Delhi High Court passed detailed orders on 1.11.2006 which are pasted below.  The minutes of the Ranchi meeting referred to in the High Court order are also pasted below.

 

 

 

Ashok Agarwal

Advocate

Advisor, Social Jurist

M: 9811101923

06.11.2006

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

W. P. (C) NO. 22932 OF 2005

IN THE MATTER OF:

 

SOCIAL JURIST

A CIVIL RIGHTS GROUP                                                                                  ….PETITIONER

 

VERSUS

 

GOVT. OF NCT OF DELHI                                                                         ….RESPONDENT

 

ORDER

01.11.2006

 

Present :            Mr. Ashok Agarwal for the Petitioner

                        Mr. Amiet Andley for Respondent no.1

                        Mr. Nishakant Pandey for respondent/State of Bihar

 

W. P. (C) No. 22932/2005

 

Nobody is present on behalf of State of Jharkhand.  Counsel appearing for State of Bihar says that he will inform Mr. B. B. Singh, Counsel for State of Jharkhand.  Notice be also issued to the Standing Counsel of State of Jharkhand, returnable for the date fixed.

 

Mr. Piyush Sharma, Joint Labour Commissioner-cum-Joint Secretary (Labour), Govt. of NCT of Delhi is present in Court.

 

It is a classic case of apathy where children have been rescued but no effective mechanism has been put in place for the rescued children to send them back to their parents in their respective states.   Mr. Piyush Sharma says that a meeting was held by the representatives of the Govt. of NCT, Govt. of Jharkhand, Govt. of Bihar and Govt. of West Bengal and now modalities have been worked out on issuance of a certificate by the Labour Department of Govt. of NCT under the Abolition of Child Labour Act or Bonded Labour Act.  The respective States will take the custody of the children and will repatriate to their parent States.  No mechanism in terms of the order passed by the Supreme Court in M. C. Mehta’s case with regard to taking Rs.20,000/- from employers of such children has been put to motion.  The net result is that when the children are rescued they are put in the children home and thereafter nobody is taking any care of them.  Therefore, we direct that without waiting for the certificate of the SDM till the mechanism as agreed at the Ranchi Meeting is put into force the respective children must be sent back to their parent States by the Labour Department of Govt. of NCT.  The Labour Department of Govt. of NCT is also authorised to realease a sum of Rs.20,000/- from the employers of such children and that money can  be used for the rehabilitation of the children. Compliance Report in this regard to be filed before the next date of hearing.

 

We direct the Govt. of NCT to repatriate these children to their respective State Capitals and thereafter it will be the obligation of the respective State Govts. to take the children to their respective homes.

 

We are sure that what was decided at the Ranchi meeting between the State representatives shall be put into motion within the next six weeks.

 

Let compliance report in this regard be filed before the next date of hearing.

 

Renotify on 10.1.2007

Sd/-

Acting Chief Justice

Sd/-

November 01, 2006                                                         Kailash Gambhir, J.

Government of NCT of Delhi

Labour Department

5 Shamnath Marg, Delhi – 110054

 

Sub:            Minutes of the Meeting of Officers of Delhi, Bihar, Jharkhand and West Bengal held at Ranchi on 22 September, 2006 for rehabilitation of child labour.

 

            The meeting held in the chamber of Secretary – Social Welfare, Jharkhand was attended by the following:

 

1.                  Ms. Mridula Sinha, Secretary Social Welfare, Govt. of Jharkhand, Project House, Ranchi, Jharkhand. 

2.                  Sh. S. M. Mazumdar, Labour Commissioner-cum-Secretary Labour, Govt. of Delhi, 5, Shamnath Marg, Delhi – 110054, Telefax:011-23962823, Mobile No. 9818400817, e-mai-secylab_delhi@nic.in

3.                  Sh. S. Nandi, Dy. Labour Commissioner, Officer of Labour Commissioner, West Bengal, N. S. Building (11^th Floor), 1-K. S. Roy Road, Kolkata-700001, Tel:033-22488150, Fax:033-22484755.

4.                  Sh. Shah Nawaj Ahmed Khan, Dy. Labour Commissioner, Govt. of Jharkhand, Tel No. 2490284.

5.                  Sh. K. K. Mahto, Labour Commissioner, Govt. of Bihar. (Postal Address) Tele fax No.0812-222159.

6.                  Sh. J. N. Sharma, Addl. Secretary, Labour Employment & Training Department, Govt of Bihar.

7.                  Sh. Piyush Sharma, Joint Labour Commissioner-cum-Joint Secretary, Govt of Delhi, 5 Sham Nath Marg, Delhi – 110054, Telefax-011-23977832, Mob: 09810370304, e-mail: labjlc3.delhi@nic.in

 

            Introducing the subject, Labour Commissioner-cum-Secretary Labour, Govt. of Delhi mentioned that most of the children working in hazardous occupation, as defined in the Child Labour (Prohibition and Regulation) Act, 1986 are migrants living with their employers in Delhi.  Children working in the zari embroidery industry mostly belong to the Northern Districts of Bihar and its adjoining districts in West Bengal and Nepal.

 

            The meeting was informed that the Hon’ble High Court of Delhi is seized of a PIL relating to rehabilitation of such children.  The PIL has been filed by NGO namely Social Jurist.  The Resident Commissioner of Bihar had been issued a notice and he had appeared on the last date of hearing i.e.13 September, 2006 and filed an affidavit.  The Hon’ble High Court of Delhi has now issued a notice to the Resident Commissioner of Jharkhand Government also.

 

Notice to the Government of Jharkhand was issued in the light of notification dated 10^th July, 2006 issued by the Government of India including domestic work and work in dhabas etc. in the Scheduled appended to the Child Labour (Prohibition and Regulation) Act, 1986.  It was estimated that a large number of domestic servants working in Delhi originate from Jharkhand.

 

It was mentioned that based on professional opinion expressed by persons working with children, it was felt that home is the best place for rehabilitation of a child.  Accordingly, the Government of Delhi would be sending those children, whose parents/guardians reside in the aforesaid States, back to the parents/guardians for rehabilitation.  The Ministry of Labour, Government of India has also supported this move and is organizing a meeting with the respective State Governments and the Government of Delhi, Maharashtra and Karnataka.  However, this opportunity was also being used since officials from the three States sending child labour were present.

 

A brief suggested action plan was presented to the meeting along with a 22 point agenda to be followed by the agency involved in the rehabilitation of such children.  The action plan was discussed and broadly accepted.  Copies of the action plan and the 22 point agenda is Annexure and may be read as part of these minutes.

 

The Secretary Social Welfare, Government of Jharkhand suggested that the Government of Delhi give full details, including the addresses of the children to them.  All the home States were assured by the representative of Delhi that full particulars of the child would be obtained and communicated to the respective State Governments before the children are sent from Delhi.   The Secretary Social Welfare, Government of Jharkhand mentioned that the children would initially be kept in their shelter homes and would later be sent to their respective homes.

 

The Secretary Social Welfare, Government of Jharkhand also suggested that enquiries be made from the children in Delhi and if it is found that the children were taken to Delhi illegally then appropriate strict action be taken against those persons who have taken such children to Delhi.

 

It was decided that Nodal Officers would be appointed by each Government so as to ensure effective and quick coordination between various State Governments.  This in turn would ensure that the children are not subjected to any trauma in the process of rehabilitation and restoration.

 

The following were appointed as Nodal Officers:-

 

(i)                 Delhi – Piyush Sharma, Joint Labour Commissioner-cum-Joint Secretary, 5 Shamnath Marg, Delhi-110054, Telefax-011-23977832, mob: 09810370304, e-mail: labjle3.delhi@nic.in

(ii)               Bihar – Sh. R. P. Mandal, Deputy Labour Commissioner (Hq.), Tel: 0612-2221559.

(iii)             Jharkhand – (a) Sh. M. P. Sinha, Department of Social Welfare, Project House, Ranchi, Jharkhand.

(b) Sh. Rajkumar Chowdhary, Labour Commissioner.

(iv)             West Bengal

 

(to be completed by the respective State Governments)

 

Labour Commissioner, Government of Bihar mentioned that in the absence of release certificates it becomes difficult for them to pay rehabilitation amount to the families of the children.  He suggested that release certificates under the Bonded Labour System (Abolition) Act, 1976 be sent at the time of sending the children.  Action under the Juvenile Justice (Care & Protection of Children) Act, 2001 does not empower the State Governments to give any rehabilitation fund to the families of the children.

 

JLC, Delhi explained that the offence of employing a child is committed by an individual employer but the liability under the Bonded Labour System (Abolition) Act, 1976 for rehabilitation amount is passed on to the public exchequer.  The rehabilitation amount under the Child Labour (Prohibition & Regulation) Act, 1986 is more and the larger part of the liability is on the person committing the offence.  The Government is also required to contribute by way of either arranging for a job for the family of the child labour or by paying Rs.5000/- to the child labour welfare fund.  In this view of the matter it was felt that the provisions of the Child Labour (P&R) Act, 1986 are better.  The meeting agreed with this proposal.

 

The Jharkhand representatives also suggested that the exercise be done in the phased manner so that they are able to create an infrastructure and give adequate attention to the children coming back.  It was also suggested that the wages of the child labour, even if it was a notional amount, should be retrieved from the employer and be sent.

 

All present in the meeting expressed their resolve to fight the menance of child labour in a united manner.  The meeting ended with vote of thanks to the Chair.

 

Email- socialjurist@bol.net.in