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2022 Supreme(Raj) 1863
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Manindra Mohan Shrivastava, Anoop Kumar Dhand, JJ.
Manga & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
D.B. Habeas Corpus Petition No.41, 42, 43 of 2022
Decided On : 10-02-2022
Sayed Amir Ali Rizvi, Advocate, N.S. Gurjar, Advocate
The court emphasized the duty of the police to take appropriate action on complaints of human/child trafficking and forced child labour, including recovery of children and initiating inquiries against the culprits.
Headnote:
Human Trafficking - Child Labour - The court issued directions to the police to take appropriate action on complaints alleging human/child trafficking, forced child labour, and detention of children in various work places. The police were directed to recover the children and take action against the culprits within 30 days.
Fact of the Case:
The petitions alleged human/child trafficking and forced child labour in various work places, specifically in a Bricks Manufacturing Unit. The petitioners sought action from the authorities and filed Habeas Corpus petitions when no action was taken.
Finding of the Court:
The court directed the additional Director General of Police, anti Human Trafficking Unit, Jaipur to take appropriate action on the complaints, including recovery of children and initiating inquiries against the culprits. The court disposed of the petitions with the possibility of revival if no action is taken.
Issues: Allegations of human/child trafficking, forced child labour, and illegal detention of children in various work places.
Ratio Decidendi: The court emphasized the need for proper action by the police to address the growing menace of child labour and human trafficking, including searching the places mentioned in the petitions, taking statements, and restoring the children to their respective families.
Final Decision: The court issued directions to the police to take appropriate action on the complaints alleging human/child trafficking, forced child labour, and detention of children in various work places. The police were directed to recover the children and take action against the culprits within 30 days.
JUDGMENT
1. These petitions have been filed by the respective petitioners making allegations of human/child trafficking. In these petitions, allegations are that children are being taken for work in various work places and they have been kept in illegal detention by private respondents in the writ petitions.
2. The contents of the petitions essentially makes allegations of human/child trafficking in various work places which have been stated in these petitions. The petitions also show that representations have been made before the Collector also. a growing menace of child labour is being ventilated to the authorities and when no action has been taken, petitions have been filed before this court styled as Habeas Corpus petition.
3. In these three petitions, large number of children are said to be kept illegally and forced to work. These matters require proper action to be taken by the police by searching the places which have been stated in the petitions, take the statements and then if a case is made out, to take appropriate action by registering offences against those who are involved in human trafficking, forced child labour etc. The children who are found in these places are required to be restored to their respective families.
4. at this stage, we are inclined to issue directions to respondent no.4-additional Director General of Police, anti Human Trafficking Unit, Jaipur to take appropriate action on the complaints which are being made by the petitioners in these petitions alleging human/child trafficking, forced child labour and detention of children in various work places (Bricks Manufacturing Unit).
5. If so far no action has been taken by the police authorities towards recovery of children, an appropriate action be taken against the culprits on inquiry made as directed by the court, within a period of 30 days from the date of receipt of copy of this order by respondent no.4-additional Director General of Police, anti Human Trafficking Unit, Jaipur. The petitioners would be at liberty to revive these petitions, in case no action is taken.
6. The petitions stand disposed off.
7. a copy of this order be placed on record of each connected file.
