SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(Del) 849

IN THE HIGH COURT OF DELHI AT NEW DELHI
HON’BLE MR. JUSTICE A.K. SIKRI HON’BLE MR. JUSTICE AJIT BHARIHOKE
BACHPAN BACHAO & ORS- Petitioners
VERSUS
UNION OF INDIA & OTHERS-Respondent
WP (Crl.) No.82 of 2009 WP (Crl.) No.619 of 2002 With WP (Crl.) No.879 of 2007
Decided on : December 24, 2010.

Advocates Appeared:
Mr. H.S. Phoolka, Sr. Advocate with Ms. Sunita Tiwari, Advocate.
Mr. Pawan Sharma, Standing Counsel for the State. Mr. Sachin Dutta with Mr. Shariq Mohammed and Ms. Poorva Nanawati, Advocates and Mr. Baldev Malik, Advocate for the UOI. Ms. Aparna Bhat with Ms. Madhulika M., Advocates for the DCFW. Ms. Meera Bhatia, Adv. for Labour Department.
Mr. Colin Gonsalves, Sr. Advocate with Mr. Divya Jyoti Jaipuria, Ms. Ritu Kumar and Mr. Tariq Adeeb, Advocates.
Ms. Aparna Bhat with Mr. David A. Advocates.

Headnote:A) Juvenile Justice (Care and Protection of Children) Act 2000,Section 31 and 68 :- Elaborate directions given to the Government with the purpose of preventing placement agencies from indulging human trafficking engaging minor children for domestic purpose and also for the purpose of several other illegal activities like pornography and prostitution. The directions include compelling the placement agencies to get mandatory registration and also to give from time to time details of the persons seeking placements under them. Various authorities under different Acts to be streamlined through a single window agencies where the NGOs can approach for tracing various women and children reported to be missing or whose services were exploited and till such time SDMs concerned directed to implement the various guidelines mentioned in the orders.

Judgement Key Points

Key Points: - The Child Welfare Committee and Commission must verify information, summon agencies, and decide complaints within 30 days, including issues like withheld wages, harassment, and abusive conditions (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) . - Existing labour laws such as the Inter-State Migrant Workmen Act, Child Labour Act, and Juvenile Justice Act must be used to register and monitor placement agencies, with licensing and record-keeping made mandatory (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) . - Immediate directions include compulsory licensing of placement agencies, verification by authorities, ensuring freedom of movement and recovery of wages, and enabling the Child Welfare Committees to supervise implementation (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

What are the duties of the Child Welfare Committee and the Commission regarding complaints of domestic worker exploitation?

How to ensure compliance with guidelines for regulating placement agencies dealing with domestic child labour?

What are the immediate directions for registering and monitoring placement agencies under existing labour laws?


JUDGMENT

A.K. SIKRI, J.

1. In all these three writ petitions filed in public interest, a disturbing problem which our society faces, day in and day out, has been highlighted. This conundrum relates to child trafficking. It is this menace prevailing in our society, which has been raised in all these writ petitions, albeit from different perspective. However, the primary objective and aim of all these writ petitions remains the same, viz., how to eradicate, or at least reduce to significant level, this peril. In order to appreciate the issue, we shall take note of the facts which have led to the filing of these writ petitions.

2. Kalpana Pandit is the petitioner in this case whose daughter is espoused by social activist/Advocate, Ms. Aparna Bhat. The petitioner is a domestic servant (illiterate lady), driven by poverty, working as domestic servant in various houses from time to time to earn the minimum livelihood for her family and sustaining the family for fulfilling the daily needs. Her family has roots in West Bengal. However, due to acute poverty and incapable to get any employment, she came to Delhi sometime in 1995-96, i.e. five to six years ago before filing this writ petition. The respondent No.4, viz., Sahyog Placement Sanstha is a placement agency, which makes arrangements for providing domestic helps to the residents of this city. Sometime in March, 1999, the petitioner handed over her daughter to this Sanstha, whose sole proprietor is Sunita Sen, for placement of her daughter as domestic help in some residence. The reason was that the petitioner had fallen serious sick for a long duration, which compelled her to stay at home, as she was not able to work because of the said sickness. Family, in any case, needed sustenance as there was nobody else to support the family financially, no alternative was left to the petitioner to compel her daughter Jharna to take up work.

3. Jharna started working as domestic help at the residence of respondent No.4. She believed that her daughter would be safe and secure with Sunita Sen. According to the petitioner, she did not know that Sunia Sen, who is one of placement agent would place Jharna as domestic help in other people?s houses.

4. It is averred in the petition that in April 1999 when the petitioner recovered from her illness, she went to the house of Sunita Sen to meet her daughter and then only she came to know that Jharna was working as housemaid at the residence of some Mr. & Mrs. Kaul in Noida, Uttar Pradesh. She was shocked and surprised as no prior consent of the petitioner was obtained before taking such a step and she was not even informed about this. The petitioner pleads that with great difficulty, she managed to get the phone number of her daughter?s employer and tried to contact her daughter, Jharna on that phone. However, she was not permitted to talk with Jharna. The petitioner was disturbed and tensed at the sudden disappearance of her daughter, but could not be able to comprehend whom to approach for the help. She went to the respondent No.4 again and respondent No.4 had arranged the petitioner to talk with her daughter Jharna on telephone. However, she had no idea where the respondent No.4 had called. She was concerned and worried about the safety of her growing daughter and wanted to meet her on the occasion of Raksha Bandhan. She along with her son went to the Noida house, the address whereof was provided to the petitioner on phone. However, she could not be able to meet her daughter there. She made repeated attempts for this purpose by visiting Noida again and again, but didn?t succeed. Her continues requests made to respondent No.4 also did not yield any results. She even tried to approach Mehrauli Police Station, but was not provided with any help or guidance there as well. While she was reconciling with the tragedy that had struck her, after a lapse of one and a half years or so, she was informed that her daughter Jharna was missing since 29.08.2000 and






























































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top