The central legal point established in the judgment is the prohibition of child labor and the obligation of the authorities to enforce laws and court orders to rescue and rehabilitate children working in hazardous conditions.

ORDER :

1. On 08.12.2019, a massive fire ripped through a building in Anaj Mandi, Sadar Bazar, which resulted in the death of 43 persons, including 12 children between the age group of 12 to 18 years. The Petitioner herein, Bachpan Bachao Andolan, which is a Non-Governmental Organization, has filed the instant Writ Petition highlighting the plight of children working in factories that are illegally housed in extremely small units stuffed with inflammable materials.

2. The Petitioner has stated that these factories are functioning right under the nose of the State authorities who have turned a blind eye to these units which are no less than death traps waiting for their victims. The instant Writ Petition has been filed for a direction to the State to conduct an inquiry into the illegal factories at Anaz Mandi, Sadar Bazar, so that persons who are running these factories can be booked under the concerned legislations. Directions have also been sought for protection and rehabilitation of the children who are working in these units. The Petitioner has also prayed for action on the pending complaints relating to rescue of children illegally labouring at 183 locations as mentioned in the petition.

3. A Status Report has been filed by the GNCTD. The Status Report acknowledges the fact that a massive fire broke out on 08.12.2019 at House No.22742, Anaj Mandi, Sadar Bazar, Delhi, which resulted in the death of 45 persons, including 12 children, due to asphyxia as a result of inhalation of smoke and other irrespirable gases as well as severe burn injuries. The Status Report indicates that during investigation, it was revealed that the entire activities being carried out in the building were completely illegal and out of their extreme greed all the accused persons had failed to follow the regulations in maintaining the premises which resulted in such huge fatalities. It is further stated that the investigation has revealed that the accused persons criminally neglected the upkeep of the building and specially the electric layout, that too when highly inflammable material was being stored/used in the building.

4. The Status Report further states that the material involved in fire were cardboards, plastic toys, rexine rolls, sewing machines, school bags, lunch box covers (finished products and raw material). It is stated in the Status Report that during the investigation, it was found that the building had two staircases, out of which one staircase was completely blocked and the other staircase was also not clear for movement. The Status Report further states that the building was neither properly ventilated nor compartmented and did not have any fire safety arrangements, and the occupants of the building could not escape by themselves as the area near the staircase was engulfed in fire and dense smoke filled the rooms completely.

5. Respondent No.3 has also filed a counter affidavit dated 22.09.2022. The counter affidavit reveals that steps were being taken to find out about the dependants of the deceased, who are labourers and primarily migrants from Bihar, for disbursement of compensation.

6. It is stated by the Petitioner that many such units are still operational in the Anaj Mandi, Sadar Bazar and Nabi Karim area. It is stated that the fire occurred on 08.12.2019, and the compensation has not been disbursed yet despite more than three years having been passed since the incident. It is extremely disturbing that the Government is actually taking a lackadaisical approach and is showing extreme insensitivity in this case which has resulted in the death of 45 persons, including 12 children aged between 12-18 years.

7. Children who ought to have been studying in schools are forced to work in these places which are unhygienic, inhabitable and accidents which are waiting to happen. For their greed for money and profit, unscrupulous factory owners employ children as they have to be paid less than minimum wages and, driven out of extreme poverty, these