BY SPEED POST

ELEGTION COMMISSIOT'J OF INDIANIRVACHA.I.{ SADAN, ASHOKA ROAD, NEW DELHI-110001.

No.464lINST/2013-EPS

To

November,2013

All Recognised National And State Political Parties

Subject: Engagement of Ghild Labour in the election related activities -

regarding.Sir/Madam,

ln continuation of the Commission's letter Nos. 464/INST/2009/EPS, dated 1"t

May, 2009 and No. 464/INST/2013-EPS dated 2nd May, 2013 on the subject cited, I am

directed to enclose herewith a copy of the letter daled 14.10.2013 from the Delhi

Commission for Protection of Child Rights forwarding therewith a copy of the judgment

dated 1Sth July, 2013 passed by the Hon'ble High Court of Delhi in W.P (C) No. 9767 of

2009 - Court on its own motion Vs. Govt. of NCT of Delhi and connected matters. ln para

21 of the said judgment, the Hon'ble High Court has inter-alia held that, "However, in our

view, the Juvenile Justice (Care and Protection of Children) Act, 2000, would apply to

children between the age of 14 and 18 years as well as to those children employed below

me age of 1+ years in non-scitecjuieti occultaiioit aiici p,-ocesses. consequentl'y" the sa;d

chitdren woutd be governed by the Juvenile Justice (Care and Protection of Children) AcL

2000 as well as Bonded Labour Syslem (Abolition) Act, 1976, if applicable and not by

. (:! Dp ^ .1 oqi qs qtint lated in the Delhi Action Plan prepared by the National

Commission."

2. lt is advised that the Parties take action to ensure that the observations and

direciions in the abovementioned judgement are complied with in letter and spirit in the

course of their election campaigining and that there is no occasion for any complaint in this

regard.

Yours faithfullY,

,4l,l.ini/vlt'''--

(Jalidbb Lahiri)Under Secretary

1. The Chief Electoral Officers of all the States and UTs.2. Shri Arun Mathur, Chairperson, Delhi Commission for Protection of Child

Rights, Sth l:loor, ISBT gurlding, 'Kashmere Gate, Deihi - i 1 0006 .fi".. y' t t )4lrit/xt'\\--

1,Layieil--lanirilI I nr{ar Qanrafanr

Copy to:

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ARUN MATHURChairpeFson

-

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DELHI COMMISS]ON FOR PROTECTION OF CHILD RIGHTSGOVT, OF NCT OF DELHI

DELHI- 110006

Urrv 3a . G*.6i'i+

Sub: Engagernent of child labour in eldction proctjss--neg,ri .ring

Delhi Comrnission for Protection of Chilcl Rights (DCPCR) has been constiflrtecltrnder the Cornrnissions for protection of Chilcl Rights Act, 2005 read *itf, if.."C.r..""iIndia, MrIAs Notification F. No U-1lo3o/Il2oo7-url datecl 15,h January, 200g, gazettcby the Govt. of NCT of fteihi on 7'h July,200g. Further, u/s 13 (1j) of the commissionsfor Protection of child rights Act 2005, this commission is .mpoirered as a civl cgtutto undertalce inqr-riry in to coLnplaints ancl to take srro-motlr notice of malters relating to:(i) Deprivation and violation of chiicl rights (ii) Non-irnplementhtion of larvs proviciir-refor protection ancr development of chilcrren. (iii) Non-corupliance of Bolicy crecisions.quidelines or instructions aimecl at mitigating harcl-*h.ips io .nr,',.inf *e lf,a.r.e c: rhechildren and to provide reliefto such children or to talce r-rp the issues aiising oLrt ofs,chmatters with the appropriate authorities.

2 Delhi Comrnis'ion fol Ploteclio;: of Chilcl Rights is happy io noie ihe irrsir.1LuLiurrisc"^.1 ^^ 1.-l..lF ^f EI^^rir- r-.^----:--: -.- -f y--,:- rru!-riar! u, L,ivL.r\J,i \-u-ii,irissioil or illLila i.lu.404i i nsrf Llction/2009/EPS cia:eci 0 i\tay2009(copy,encIoseeiatAnnex-I)regarciingu,.offi;;.;,;and non-hazardous activities during election p.o..r, by the Election Officers/ Returningofficers and other officials ancl it states that the employment of children below i4 year. ofage in specific occupations such as kanspoft of goodsetc. is considered unsafe andIiarmful to child workers as per the Chilcl Labor-rr ler.otriuition *a n.g1;iJo.) Act 19g6.

3 ' We lvish to bring to your kind notice that children ernployed as labour are alsochildren in need ofca'e and protection as definecl in Section z tkl "ra

i..iion 2D (ia) ofJuvenile Justice (Care and Protection of Children) Act 2000.

t. The Hon'bte Higl^9:i{ "lDelhi

in its judgrnent in Wp(C) 9157/2OOs, \,Vp (CRr)

^]gg2!?g!1, \vp(g) 1s0e0t2oo6, \vp(c) ir2it2007 and vn1cl +tevzoo8 datecr

1I5ial/09 has ruled that chijdren,-rnder Ig ;,ears engaged as labcur are ro be iieate.-l asIcnlidre]l ln need ot .care anci protection and action will be initiateci acailst en.inci employers of such children (copy of High courtgrcler- enclosed at Annex-ilr)l

5. National commission for protection of child Rights had developed a pran ofAction for Abolition of child Laboiir i, Deihi which was acc.pt.,t iry cJw. of NCT ofDelhi an_d it is being implemented since 15 July 2009 (copy of plan oiAction enclosed atAnnex-III) The Hon'ble High Court of Delhi is rnonitoring the implementatio. of thisAction Plan on a regular basis.

6. Since the election process has commenced in Delhi, the cornmission wilrappreciate if fresh instructions are issued by the Election Cornmission of India stating theage ofa child as l8 years instead of 14 years with reference to the Juvenile rsstlce 1ca.eand Protection of children.l Act 2000 and above mentioned judgrnent oi llon,ute uighCourt of Delhi and Plan of Action for Abolition of child LaboLrrIn Delhi for taking noteof the same by officials as well as political parties.

,iJs..- *tr4Yours sincerely

(Arun Mathur)Chairpersoni4.i0.20i3

?f tp-P"Ll,s- tL(f ttl is-< l',wYSh. Narendra Nath ButoliaSecretaryElection Commission of IndiaNirvachan Sadan, Ashoka RoadNew Delhi-I10001

IN THE HIGH COURT OF DELHI AT NEW DELHI

w.P.(c) 976712009 *_,-

COURT ON ITS 6WN MOTION ..... Petitioner

GOVT OF NCT OF DELHI ..... RespondentThrough: Mr.A.S. Chandhiok, ASG with

Mr. Sanjay Karyal, Ms. Sweta Kakkad &Mr. Varun Pathak, Advs. for UOI.Ms. Mukta Gupta, Standing Counsel

il,T'^Yi #ix:5:X*.f ;,'ii.'JiiMs. Asha Menon, Member Secretarry,

DLSA with Mr. Harish Dudani, OSD forDLSA-

AND

versus

I.]NION OF INDIA & ORS.

ANDWP{C) No. 9767109, WP{crl)2069/05, w.P.(C) Nos.l5090/06. 4125107, 4l6l/08

..... RespondentsThrough: Mr.A.S. Chandhiok, ASG with

Mr. Sanjay Katyal, Ms. Sweta Kakkad &Mr. Varun Pathak, Advs. for UOI.Ms. Mukta Gupta, Standing Counselwith Mr. Rajat Katyal, Adv. for State.

Mr. Anil Shrivastav, Adv. for NCPCR.Ms. Asha Menon, Member Secretary,DLSA with Mr. Harish Dudani, OSD forDLSA.

w.P.(cRL) 206912005

SAVE THE CHILDHOODFOUNDATION ..... Petitioner

Through: Mr. H.S. Phoolka, Sr. Adv. witbMs. Sunita Tiwari & Mr. BhuwanRibhu, Advocates.

paBe 1of 20

w.P.(c) 1s090/2006

Q.I.C. & A.C. ,"*-, :

Through: None.

AND

wP{c)No. 976209, WP(Crl}2069/0s, w.P.(C) Nos. t5090n6.4125/0'1,4t 6t tlq

..... Petitioner

versus

MINISTRY OF LABOTJR &EMPLOYMENT & ANR. ..... Respondents

Through: Ms. Zubeda Begum, Adv. for GNCTD.and Labour Department.Mr. Anil Shrivastav, Adv. for NCpCR.Ms. Asha Menon, Member Secretary,DLSA with Mr. Harish Dudani. OSD forDLSA.

AND

w.P.(c) 412s/2007

ALL INDIA BHRASHTACHARVIRODHI MORCHA (REGD.) ..... petitioner

Through: Mr. Tiger Singh, Adv. with MS. JasbirSingh & Mr. Manmeet Singh, Advs.

versus

KAROL BAGH BANGIYASWARAN SHILPI SAMITI(REGD.) & ORS. ..... Respondents

rhrough: ffi HJJil,i ilx,x;,1fl,'lilnl; r,,,,Kashyap, Adv. for GNCT.

HJiffi'J,T:lH:iltil wi'lh Mr

M: i'#*tx"f;*fi ,IiT" ., *.,Mr. Anil Shrivastav, Adv. for NCPCR.Ms. Asha Menon, Member Secretary,DLSA with Mr. Harish Dudani, OSD forDLSA.

pige 2 of 20

+ w.P.(c) 416il200p-: -

COURT ON ITS OWN MOTION ..... Petitioner

versus

STATE NCT OF DELHI ..... RespondentsTkough: Ms. Zubeda Begum, Adv. for GNCT.

Mr. Anil Shrivastav, Adv. for NCPCR.Ms. Asha Menon, Member Secretary,DLSA with Mr. Harish Dudani, OSD forDLSA.

Reserved on : July 09. 2009Date of Decision: July 15,2009

CORAI\I:IION'BLE THE CHIEF JUSTICEHON'BLE MR. JUSTICE MANMOHAN

l. Whether Reporters of local papers may be allowedto see the judgment? Yes.

2. To be referred to the Reponer or not? Yes.3. Whether the judgment should be reported in the

digest? Yes.

JUD GME N T

MANMOHAN.J: '

l. Today's children constitute tomorrow's future. To ensure a bright

future of our children, we have to ensure that they are educated and not

exploited.

2. In fact, children are the most"vulnerable members of any society.

They are entitled to special care and assistance because of their physical and

mental immaturity. The problem is more complicated in developing

WP(c) No. e767l09, wP(crl)2059/0s, W.P.{C) Nos. | 5090106. 4125t07.416t lo8

l

page 3 of20

countries like ours, where child labour exists in relationship with illiteracy

and poverty. __:4

3. To eliminate the menace of child labour and to effectuate the mandate

of Articles 23, 24, 39, 45 and 47 of the Constitution, Supreme Court had

given a large number of mandatory directions h 'M.C. Mehta v. State of

Tamil Nadu repofted in AIR 1997 SC 699". One of the important

directions was to direct an employer to pay a compensation of Rs.20,000/-

for having employed a child below the age of 14 years in hazardous work in

contravention of Child Labour (Prohibition & Regulation) Act, 1986

(hereinafter referred to as 'CLPRA, 1986'). The appropriate Government

was also directed to contribute a grant/deposit of Rs.5.000/- for each such

child employed in a hazardous job. The said sum of Rs.25,000/- was to be

deposited in a fund to be known as Child Labour Rehabilitation-cum-

Welfare Fund and the income from such corpus was to be used for

rehabilitation of the rescued child.

4. As the constitutional mandate and statutory provisions with regard to

children were not being vigorously implemented and there was lack of

coordination between different agencies of the Govemment of NCT of Delhi

and other authorities, this Court, vide a detailed order dated 24d' September,

2008 directed the National Commission for Protection of Child Rights

(hereinafter referred to as 'National Commission'), to formulate a detailed

Action Plan for strict enforcement and implementation of CLPRA, I 986 and

other related legislations. The National Commission was directed to suggestWPlc).No. 9767109, WP(crl)2069/05, w. P.(C) Nos. l5090/06, 4125/07, 4 1 61/08 page 4of20

measures regarding education, health and financial support to the rescued

children. The National Colqmission was also directed to suggest measures,ar

for timely recovery and proper utilization of funds collected under the

Supreme Court's direction in the aforesaid M.C. Mehta's case.

5. The National Commission after holding consultation with various

stakeholders and after conducting research and survey submitted to this

Court a Delhi Action Planfor Total Abolition of Child Labour.

6. According to the National Commission, the child labour profile in

Delhi ls of wo types namely, out-of-school children living with their parents

in Delhi and migrant children from other states who have left their family

behind.

7. The Action Plan for Total Abolition of Child Labour is based on two

strdtegies. T)ne first strategy is at 'Area Based Approacft ' for elimination

of child labour, v/herein all children in the age group of6 to 14 years would

be covered whether they are in school or out-of-school- The National

Commission has proposed that this approach be initiated as a Pilot Proiect in

North-West Disrricr of Delhi.

8. The second strategl is an approach to be adopted it rJl,e context of

migrant child labour. It involves a process of identification, rescue,

repatriation and rehabilitation of child labour. This strategy is proposed to

be implemented as a Pilot Project in South Delhi District.

wP(c) No. 975209, wP(Crl)2069/05, W.P-(C) Nos.l5090/06. 4125/07, 4161/08 page 5 of 20

9. It is pertinent to mention that both the strategies in essence implement

CLPRA, 1986, Delhi )gu

una Establishment Act, 1954, Juvenile Justice

(Care and Protection of Children ) Act, 2000 and the Bonded Labour

System (Abolition ) Acr, 1976.

i0. One of the objectives of the Area Based Approach is to mobilize and

build consensus on the issue of total abolition of child tabour through

universalisation of elementary education. The plan attains to mobilize and

build consensus by holding public meetings, rallies and by involving

Municipal Councilors, RWAs' etc.

I l. The Area Based Approach also aims to enroll all children in the age

group of 6 to 14 years in schools and to withdraw them from work, while at

the same time ensuring their retention in schools. This approach also seeks

to integrate otder children withdrawn from work in classes according to their

age through programmes ofvarious courses and accelerated leaming. This

objective is sought to be achieved by settin'g rrp.Transitional Education

Centres or Non-Residential Bridge Course Centres or Residentiol Bridge

Course Camps as well as by holding Short Term Camps. Thisapproach also

aims to build local institutions for protection of Child Rights by forming

Committees and Forums of Liberation of Child Labour (Youth and

Teachers' Wings) as well as strengthening of Vidyalaya Kalyan Samitis and

by implementing training and retention programmes on issues relating to

Child Labour and Children Rights to Education along with tasks and roles of

specific stakeholders.wP(C) No.9767109, WP{crl)2069/0s, W.P.{C) Nos 15090/06,4125t07, 4l6l l08 pa8e 6 of 20

12. The Strategy for Unaccompanied Migrant Child Labourers in Delhi is

based on "Protocol on Prevention, Rescue, Repatriation and Rehabilitation.?.-'

of Trafficked and Migrant Child Labour" issued by Ministry of Labour and

Employment, Govemment of India, 2008. According to the Action Plan,

trafficked and migrant child labourers are primarily engaged in prohibited

occupations such as zari, bulb manufacturing, auto workshop units and

domestic household etc.

13- This strategy contemplates constitution of a Steering Committee on

Child Labour at the State level and District Level Task Force on Cttitd

Labour at District Level.

14. The Delhi Action Plan provides for a detailed procedure to be adopted

at the pre-rescue and actual rescue stage. The pre-rescue plan deals with as

to how information is to be collected, verified and as to the composition of

the rescue team as well as what training is to be imparted in advance to the

members of the rescue team. The pr.-..r"u. llin provides for prior

preparation of residential centres through RBC, JJ. Homes, NGO Shelter for

accommodating the child labour proposed to be rescued.

15. The Delhi Action Plan provides a detailed procedwe for interim care

and protection of the rescued children. It provides for irnmediato medical

examination of the chiidren and as to how investigation is to be conducted

and charge shset is to be prepared.

wP(c)No.976709,wP(c )2069/05, w.P.(C)Nos.l5090/06,4125/0?,4161/08 paEe 7 of 20

16. The strategy for Unaccompanied Migrant children also provides for

assessment and verificatioq,of child,s background and intra state as well as,"?'inter state repatriation.

17. The Action plan provides for deta ed procedure for rehabilitation and

social integration of the child labour as well as training and capacity

building of dury bearers.

In a bid to ensure proper coordination amongst different agencies ofGovemment of NCT of Delhi, the Action plan defines the role and

responsib,ities ofvarious departments/authorities involved in the process in

the following consolidared manner:

,,7.7. TheResponsibilities of the Respective Departments

7.7.1 . Delhi Police

18.

the

The concerned Deputy Commissioner of police should;

a. Make th-e necessary arrangdments of potice /orce for raidsas per the demand and requirement of)ctior'Forci;

b. P_ersonally participate in the raids conducted by the ActionForce,.

c. Should take charge of the child labour liberated by theAction Force;

d. Should take steps to drrest rhe owners/employers of rhe childl:!?ur a:-per provision of Indian p"rot toi" s"r.' isi. :lio,3_7a yd j-a as well as provisions of Sec. 23. 24, 26 oi ChitdJustice (Care and protection) Act. They shoutd regiter thecrime and take all the necessary futire steps ti conductfur ther cr im inal p r o c eedings ;

WPicl No. 976209, wp(crl)2069/05, W p.(C) Nos.l5090t06, 4tl'tol. 4t6UOa p.ge 8 of 20

Should treat the liberated child labour with respecl and

honour and hand them over to children's home in the charge

of oficers o/ Women and Child Welfare Department;

Put forward the cases of child labour as per Section 32 withthe help of Action Force in front of Child Welfare

Cornmittee. As per the decision of the Child Welfare

Committee, the children should be handed over to theirpdrents through JAPU if the children are from other states.

7.7.2. Department of Labour, GNCTD:

a) To keep the sreas in their jurisdiction where the child lahour i.g

likety to be hired under continuous actit'e surveillance.

b) In case the chitd labour is founi to be employed and if theirnumber is high, then immediale action should be taken within24 hours after contacting the District Collector and police

fficers by carrying out a raid through Action Force. If the

number of child labour is less, then immediate action should be

taken to liberate them on the very day with the help ofdepartmental colliagues and police.

c) To keep track of the planning and conduct of every child labourrescue operation. It should be ensured that adequate number offficers and shop inspectors dre present during the raid- There

should be active pdrticipation in the liberation of child labour-

Necessary aclion should be carried out against the employer ofthe child labourer as per the provisittns of Section 3 of ChildLabour (Prohibition and Regulation) Act, 1986; if this isapplicable. If Section 3 of the Act is not applicable then action

should be taken under provisions of Section 7, 8, 9; 11, 12 and

13.

d) Even if the job carried out by the child worker does not fallunder the dangerous iob cdtegory, the child labourer should be

liberated from the clutches of unscrupulous employers and

handed over to the police with a view to eradicate the

undesirable practice of child labour and bringing these

children under the mainstream of education.

e) To document all details of the liberated child worker by

obtaining details from him in an alfectionate manner and

furnishing a copy to the police department- A complaint

wp(c) No. e757l09, WP(Crl)2069/05, w.P.(C) Nos.15090106, 4125t0 7, 4 t 6t toE pase 9of20

against the employer of the child labourer should be lodged(with the help of Task Force, tf necessary) with the police indhis statement should.be recorded as a matter of formatity andduly. n--a

fl While obtaining information from the child labourer, if it isfound that the employer had paid any money as fiiancialassistance, loan advance etc. to the parents, then immediatereport should be made to the District Collector for declaringthe child labourer as forced' labourer and a copy should bLendorsed to the Government through the Commissioner.

g) Due cme of the liberated child labourers should be taken tillthey are sent to the Children's Home and it should be seen thatthey are provided with proper food, water and other facilities inlime

h) As per the definition specified in Section 2(K) of the JuvenileJustice (Care and Protection of Children) Act 2000, theindividual who is below l8 years of age shoukl be consideredas a child. Therefore in the'course of raid, if child workersabove 14 vears of age dre found, then they should also beliberated from the clutches of the employer(s) and handed overto the police.

i) A sum of Rs. 20,000/- (Rupees Twenty Thousand) should berecovered from the employer of chitd labourer subjected tolegal action vide Section 3 of Child Labour (prohibition &Regulation) Act 1986 as per the directives issued by theHon'ble Supreme Court in.the M.C. Mehta case, 1996 andcredited to the District Chila Labour Welfare Fund of theDbtrict to which the child originally belongs.

j) To designate nodal ffie ers at s;enior level to be part oJ theDistrict Level Child Labour Task Force (districtwise) and alsofor the rescue team.

k) To strengthen the intelligence network through the CommunityWorkers of the Labour Department on the status of out-of_school children, places of work involving children and theiremp I oy ers /c o ntr ac t o rs /mid dl e men, et c.

l) Necessary legal action should also be taken against theemployers of child labourers under the following legislationsand corresponding Rul es (wherever app licable) :

WP{c) No.976209,WP(c }205s/05, w.P.(C)Nos.l509OtO6, 4t25t07,4$tnA pEge 10 of 20

Delhi Shops and Establishment Ac4 1954

Minimum Wages Act, 1948.?.?-

iii. Moror fiansport Workers Act, 196l

tu. FactorY Act, 1948

v. Interstate Migrant Workmen (Regulation ofEmployment and Condition of Ser-vices) Act, 1979.

vi. Contract Labour (Regulation & Abolition) Act, 1970.

7,7,3.Women and Child lYelfare Department, GNCTD

Generation of awareness among masses against the practic.e

of child labour. Steps should be taken for the rehabilitationof local child labourers with the help of Deputy

Commissioner @C) and voluntary organizations, if the

child labourer happens to be from the local area.

Take charge of child labourers liberated by the Action Force

and see that they are provided adequate food, clothing andshelter. Due care should be taken about lheir safety.

c) If the child worker happens .to be a local person, she/he

. should be inducted in the inainstream of education with the

help of education officer. If possible, he/she should be

provided job oriented te.chnical education.

d) The Superintendent of the Children Home to which the

liberated Child Labourers have been placed should arrange

for the interaction/taking of statements by. the concerned

C h il d 14 e lfare Commi tte e.

e) Information about instructions of the Child Welfare

Committee sltould be independently submitted to the DC and

Labour Commissioner every month.

il DWCD, GNCTD should designate nodal oficers at senior

level who can be part of the District Child Labour Task

Force for every district.

g) Issue letters to the respective CWCs to nominate a member

who can be part of the District Child Labour Task Force'

Such member of the CWC can be a link between the CWC

t.

ll.

a)

b)

wp{c) No.9767109,WP{Crl)2059/os, w.P (c) Nos.l5090/06'4125/07,4t61/08 page 11of20

and District Child Labour Task Force for all practicalpurposes, including, attending the pre-rescue planningmeeting of t!9._Tgsk Force, issuing Orders for the interimcare

- and,"fritody of the ,"rruid child reports (SIR),

verification/identification of their families and their ulrimaiterepatriations/follow-up. The Cll/C Member wi get theinquiry done and Social Investigation Report preparedunder JJ Act in a child friendly minner at thecamp/ltome/hostel/RBC where the children have beenlodged.

h) To keep the Homes ready for the reception and suitableaccommodation of the rescued child labours.

7. 7.4.Educatio n Departmekt, GNC TD

a) In order to absorb the liberated child labourer intomainstream of education without any discrimination,(sex/caste etc.) they should be offered free and compulsoryeduiation and should be compelled to receive it.

b) Various schemes sponsored by the Central and StateGovemments should be implemented for this purpose.

c) During their educational period, rhey should get the benefitoffree meals scheme of the State Go;ernment.

d) The Department will set up initially 250 AlternativeI1n9tlate Education Centres (AIEC)NRBCs in the areas ofchild labour concentratibi and/or in the areas having larg;enumber of outof-school children. The Department wouldalso ensure that all the children at NEBCs/MCs are givenfree mid day meal (as assured by the Department, vide UEEMission letter no. 39, dated I 1.4.2009).

e) Care should be taken to see that the child labourer developsliking for the education.

fl The education officer and pr:incipal of the school should beheld responsible for the dropouts among the child labourersreceiving education.

g) Parents of child labourer should be counseled to stress theimportance of education among the labourers.

WPlc) No. s76709, wP(CrU2059/0s, W.p.(C) Nos. I50g0,n6, 4t25t}7 , 4t 6t lOB p.Ee 12 of 20

h) Monitoring of academically weaker children,in-schools will"' ';; ;;;,; 1uiti, *, invotvement of CRC and NGos for (as

assured by the -D'epartment, vide tlEE Mission letter no 39'

dated I t.4.Nd91 preventing dropouts'

i) The concerned District (Jrban Resource Centre Coordinator" ii-unCCl will send a monthly report . to the Dy'

'6o-*iiiorn, of the District with a copy of the same to the

iii fssO oni Di,""to' (Education)' GNCTD about the

following:

i. School wise and class wise attendance and

drop-outs corresponding to the number ofchildren enrolled;

ii. Number.of out-of-school children in the district

(school wise ani class wise) along with the list"

iii. The efforts made fo'owor"nn" /s "ii

itization/educational couns e ling

of children and their Parents'

Such ieports should be examined in the following meeting of

ine aiirict level Task Force and of the state level S.teering

iommittee as well as at the highest level in the Education

Department of GNCTD for remedial measures'

j) Department will ensure that all its schools have adequate"' nu*U", of teachers in proportion to children in, each class

1t",Uiut specific; whireuer applicable) and they are'*ioiltoiriig fi"ctuality It shoutd also introduce a system'ri

i"'"""riri"l"".ard for its schools which maintains higher

Znrolment/retentio n of ou t -of-school c.h il dren -a

nd- prevent

iropouu as well as i system of disincen.tives for .t,hose who

""ittt*"rty fail to idintifu, inroll and retain the out-of-

school children.

7.7.5,Ilealth Deqart nent' GNCTD

a) After receiving inJbrmation about the raid oJ Action Force- " i;"rsi trb iu r

" offi cer /P o lice officer' "9*p!1t ? medical

e*amination of libirated child labourers should be carried

out.

b) Immediate medical treatment should be initiated' if required'

WP(c) No- 976109, WP{Crl)2069/os' w'P (C) Nos' 15090/06' 4125/0?' 4161rc8page 13 of 20

c) Clear cerfrciate of age (issued by medical offcers not belowthe rank of Government Assistant Surgeon) of the liberatedchild labouer* .should be furnished immediately to theinvestigatia{fiolice officer or Government labour fficer asper their demand.

d) Expenses incurred towards fhe teatment and issuance ofmedical certificate should be met by the DC from theDistrict Child lVelfare Fund and should be recovered fromthe employer of the child labourer and reimbursed to theDistrict Child Welfare Fund after recovery.

7.7,6.Manicipal Corporation of Delhi (MCD)

a) Under its Slum Development Programme, the MCD shouldenhance the standard of living of all children living in theslums within its jurisdiction and particularly ensuringefective access to free health check up and medical care,quality education, recreation, vocational training andcommunity lile.

b) MCD Schools should provide free and compulsoryeducation to all rescued child labourers belong to Delhiirrespective of their age (by arranging accelerated learningfor the older children through NkBCs wherever necessary

for mainstreaming them to age appropriate classes) withoutany discrimination (sex/caste etc.). They should bementoring the non-formal education programmes run byNGOs in various slums with a view to bringing all out-of-school childien in the area into the fold of mainstreameducalion.

c) The Headmasters and the teachers of the MCD schools willhold a monthly meeting of the parents forsensitizing/counselling them about importance of lheeducation. Experts/communities leaders would be invited tosuch meetings.

d) MCD will also have sensitization/counselling progrdmmes

for the slum-dwellers in general about the importance ofeducation for lheir children and the facilities available forthe same as well as the long+erm evil impacts of childlabour through meetings, prabhat feries, documentary films,etc. in the coloni*.

WP(C) No. 9757109, WP(Crl)2069/05, W.P.(C) Nos. I 5090n6. 4125t07 , 4l6llO8 pase 14 of 20

e) The MCD should ensure that all its schools have adequate

number of teaglers in proportion to children in each class

(subject spfific. wherever applicable) and such teachers

are maintaining punctuality. It should also introduce a

system of incentive/reward for its schools which maintains

iigher enrolment/relention of out-of-school children and

prevent dropouts as well as a system of disincentives for'those who consistently fail to identify, enroll and retain lhe

o ut - of- s ch o o I ch il dr e n.

f1 The Education Department of MCD will obtain the list ofchildren who are not attending schools and will instruct the

Principal of the concerned school(s) to bring such children

back to school.

g) The concerned Zonal Dy. Education fficer (DEO) will send

a monthly rePort to the Dy. Commissioner of the District

with a copy of the same to the Labour Commissioner and the

Education Department of MCD about the school wise and

class wise attendance and drop-outs corresponding to the

number of children admitted. The report should also

include the efforts made for sensitization/educationalcounseling of children and their parents. Such reports

should be examined in the following meeting of the district

level Task Force and of the state level Steering Committee

as well as in the Education Department of MCD forremedial measures.

h) The Zonal Deputy 'Education

Offcer (DEO) will be

responsible as the Nodal fficer on behalf of MCD on

various matters relating to the pre-rescue planning, rescue

and post-rescue rehabilitation/eduiation in the concerned

MCD area(s).

7.7.7.Deputy Commissioner of lhe District concerned

a) To ensure thal no incidence of child labour in any form is

found within his /her j uris diction.

b) To get the meeting of the District level Task Force on Child

Labour on monthly basis and to preside over the same'

c) To forward a copy of the monthly meetings of the District' tevlet Task Force on Child Labour, detailed report of the

WP{C) No. 9767109, WP(CrU2069/05, W.P.(C) Nos lJ090/06, 4125/0?' 4l6ll08 page 1s ot 20

review meeting should be sent to the Government of NCT ofDelhi through Labour Commissioner'

--.;'d) To sel a list of all voluntary organizations dealing wi^th rhe' ;;;bi";t of"chitd labour pripared with areas of their

irp"rr:it" oid ,o "rrur"

thai suih list is updated on regular

bisis. Along with these organizations' public awareness

drives should be arranged Public opinion should be-i"niror"a

rc sftess that education is the right of evety child-and

is a .first step lowards progress'

d To set constantly updated about the raids ' rescues and-' ,"nititirotions of chitd labourers in the district dnd to

extend all necessaty support to the rescue team'

ll To ensure lhat all necessary actions are taken within his

'' )ompietence under the Bonded Labour System (Abolition)

irr'ond Rules' 1976 as well as under the 'Centrally'iponrrr"a

PbLn Scheme for Rehabilitat'?" o{ . Bonded

TloU*,', if the facts and circumstances in which child

lo,borr"rs'are foind lead to the presumption that lhey are

forced labourers/bonded labourers'

g) To also ensure that Rs 20,000/- per child .labourer is

'' ,""or,"ud from his/her employer and credited-along with

Rs.5000/- io the District Child Labour Welfare Fund' as per-th"

dir""tion of the Hon'ble Supreme Court of India in the

case of M.C. Mehta, 1996

h To fi,trnish a utilization certificate to the Government'' iiririn the Labour Commissiiner about the funds stated'oU,o"Z

o" half yearly basb, before 30 September and 31

March every Year.

i) Guidance aay be sought (wherever necessary),from the

Labour Commissioner wilh regard to the utilization of

"oit"it"a f""at. As far as possible, the amount collected

,ioud i, utilized for thi rehabilitation of the child

labourers for whom the amount is collected'

il As oer the iudgment of the Supreme Court cited above' adult" 'il*doyia

il"*b,,' of the familv of the child labourer-tirriia i" provided employment there in his place and the

child shoutd be directed to receive education'

WP(C) No. 9767/09, wP{Crl)2069/05, W'P'lC) Nos' t5090/06' 4125/07' 4161/08page 16 of 20

k) In case the child has taken up the job due -t-o

economic

condition of tfu-famity, adequate efforts should be made to

provide a "'benefits to the family under all relevant-developmental and social security schemes of the

Government.

7.8. The above roles and responsibilities of concerned departments

/authorilies oJ' Government of NCT of Delhi will be required forimplementing both Strategt - I (Social Mobilization for Total

Aiolition of Child Labour) and Strategl - II (Pre-rescue'

Actual-rescue, Interim care, Enforcement of Laws ' Repatriation

and Rehabilitation of Child Labour). "

19. Subsequent to thd filing of the aforesaid Action Plan, the Labour

Department of Government of NCT of Delhi has raised some issues'

According to the Labour Department, CLPRA, 1986 prohibits employment

of childien only in cefiain scheduled occupations and processes'

Consequently, according to the Labour Department, child workers employed

in non-hazardous jobs cannot be rescued. The Labour Department has

further urged that in.the Action Plan it has been stipulated that all children

betweentheageof14tolSyearshavetobeliberatedandhandedoverto

the police, even though CLPRA, 1986, defines child as a person who has not

completed I4 years of age.

20. On a perusal of CLPRA, 1986, we are of the view that under the said

Act, only child workers employed in scheduled occupation and processes

can be liberated and children employed above the age of l4 years cannot be

rescued.

WP(c) No. s767l09, WP(Crl)2069/05, W P.(C) Nos 15090r'06, 4125/07' 416l/08 page 17 of Z0

2l . However, in our view, the Juvenile Justice (Care and protection ofchil&en) Act, 2000, wourd.appry to children berween the age of 14 and 18s<

years as well as to those children employed below the age of 14 years innon-scheduled occupation and processes. Consequently, the said children

would be govemed by the Juvenire Justice (care and protection ofChildren) Act, 2000 as well as Bonded Labour Sysrern (Abolition ) Act,1976, if applicable and nor by CLpRA, 19g6, as sripulated in the DelhiAction Plan prepared by the National Commission.

22. Moreover,' at the request of Labour Department, we direct that the

responsibility oflodging a police complaint against an employer employing

child labour would lie with the Delhi police and not the Labour Department

as directed in the Delhi Action plan. We further clarify that the authority totake action under the Bonded Labour System Abolitio n Act, l9?6,would be

the Deputy Commissioner of District concerned and not the Labour

Department. . Accordingly, paras (e) and (f) of para 7.7 .2of the DelhiAction Plan are amended.

23. [t is further clarified that ihe recovery of fine of Rs.20,000/- as

stipulated by the Supreme Court in M.C. Mehta,s case will not have to await

a conviction order of the offending employer. The said amount would be

recovered as arrears of land revenue and the said amount would be utilized

for the educational needs of the rescued child even if the child has

subsequently crossed rhe age of l4 years.

wPic) No. 976209, Wp(crt)2069/os, W.p.(C) Nos. t50 90/06,4t25/07, 4t 6t nB page 18 of20

24. The Deputy Director, Child Welfare, has also filed a Status Report

stating that considering thg-capacity and existing strength of NGOs' and

Govemment run institutions in Delhi, the department would be able to

accommodate only about 500 additional children every month, since the

restoration efforts take about 30 to 40 days'time. The said Stafus Report,

however, states that all efforls would be made to motivate NGOs to enhance

their capacity to accommodate more children and to register more Children

Homes.

25. Keeping in view the aforesaid infrastructural limitation, we direct the

labour depattment to begin implementing the Delhi Action Plan by

accornmodating for the time being about 500 children every month.

26. Moreover, being cognizant ofthe fact that ground level reality may be

different from the one projected in the Action Plan, we grant liberry to the

above-mentioned authorities to seek clarification or amondment of the

Action Plan from this Court.

27. To conclude, we would only- quote what Dr. Dorothy I. Height, a

social activist, has said, "we have got to work to sdve our children and do it

with full respect for thefact that if we do not, no one else is going to do it-"

28. Consequently, we accept the Delhi Action Plan which provides a

detailed procedure for interim care and protection of the rescued children to

be followed by Labour Department as prepared by the National Commission

with the modifications mentioned hereinabove in paras 20 to 26 and we

wp{c) No. 9767109, WP(Crl)2069/Os, W.P.(C) Nos. I 50 gOtO6, 4 tl;l\l , 416](8 page 19 of 20

T

further direct all the authorities concemed to immediately implement the

same. The Govemment of -I.-ICT

of Delhi through the Labour Department is-?'

directed to frle its First Taken Report to this Court after six months. For this

purpose, list the present batch of matters on 13th January, 2010.

MANMOHAN(JUDGE)

CHIEF JUSTICE

JULY 15,2009js

WP{C} No. 9757109, WP(Crl)2059/0S, W.P.(C} Nos.l5099/06, 4125/07, 4l6l/08 page 20 of 20