Legal Actions

Legal Action

Legal Action is one of the tools that Bachpan Bachao Andolan uses for policy change. The legal team of the organisation has identified gaps which were detrimental to the protection of children and to their all round development. These examples from the field were represented in the form of petitions filed in different judicial bodies leading to a change in policy, which in turn was used by Bachpan Bachao Andolan activists on the field to better the lives of children. We have tried to share some of the judgements between 2010- 2013 and their impacts in the table given below.

The Cause

The Case

Reference

Highlights

The Impact

Missing Children

Bachpan Bachao Andolan vs. Union of India and Others [WP (Crl) 75 of 2012]

Order issued in May,2013 (MANU/SC/0560/2013)

·  Doctrine of Presumption to apply to all cases of a missing child.

 

·  FIR to be lodged in all cases of missing child and investigation initiated on the presumption of offence committed.

·  Special Juvenile Police Units to be formed in all districts.

 

·  SOP on missing children to be formulated along with the petitioner BBA.

 

 

·  NALSA to appoint paralegal volunteer to all police stations to assist in cases concerning children.

Ø All crimes against children to be investigated

 

Ø Over 11,000 FIRs to be registered across the country

 

 

Ø Specialised Police force for the protection of children

Ø SOP on missing children issued by MHA for the Police Department

 

Ø Centralised database called “Track Child” formed track missing children in all states. The system is running in all the states of the country.

 

Trafficking

Bachpan Bachao Andolan vs. Union of India and Others [WP (C) 51 of 2006]

2011 5 SCC 1, issued on 18th April, 2011

·  Recognised Trafficking as an organised crime.

·  Defined “Trafficking” as per the Optional Protocol to UNCTOC.

Ø India ratified the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children” on 5th May, 2011

 

Child Labour

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bachpan Bachao Andolan vs. Union of India and Others [WP (C) 51 of 2006]

2011 5 SCC 1, issued on 18th April, 2011

·  Banned Employment of children in circuses

·  Direction to establish AHTUs in all districts

·  Guidelines on implementation of the institutional framework for the protection of chidren

Ø Circus included in Schedule Part A of the CLPRA, 1986.

Order dated 23rd September,2011

·  BBA filed an application for the total ban on child labour.

·  Supreme Court of India sought responses from the Union Government and all State governments within 4 weeks

Ø On 4th Dec, 2012 the Ministry of Labour and Employment introduced the CLPRA Amendment Bill, 2012  in the Rajya Sabha banning child labour.

 

Ø Over Rs. 4,37,71,229 recovered

Save the Childhood Foundation vs. Union of India and Others [WP (Crl) 2069/2005]

 

(High Court of Delhi)

Order dated 15th July, 2009

·  The Court ordered complete ban on child labour

·  Defined Roles and Responsibilities of all Government agencies in detail vis a vis child labour.

·  Fine of Rs. 20,000 for the victim for education and rehabilitation regardless of whether the offender is convicted.

·  500 children to  be rescued every month

·  FIRs to be lodged in Child Labour cases.

Order dated 21st March, 2011

·  Direction on Rule of Law and responsibility of law enforcement agencies in the case of child labour

 

Order dated 28th May,2012

·  Recovery of back wages

·  Cancellation/ Suspension of licenses

Ø Hitting the economics of child labour

Domestic Labour

Bachpan Bachao Andolan vs. Union of India and Others [WP (Crl) 82 of

2009]

 

(High Court of Delhi)

 

 

Order dated 24th December, 2010

·       Regulation of placement agencies to prevent trafficking of domestic labourers

·       Registration of Placement Agencies working with domestic labourers

·       Payment of wages to domestic workers as per the Minimum Wages Act, 1948.

 

Ø Government of Delhi formulated the Delhi Private Placement Agencies (Regulation) Bill, 2012.

Ø Recovery of back wages of the domestic labourer over period of employment ordered

Education

Society of Private Unaided Schools vs. Union of India  & Bachpan Bachao Andolan

AIR 2012 SC 3445

 

April 2012

·       Upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009

Private schools are required to admit 25% of children from marginally oppressed strata.

Juvenile Justice

Bachpan Bachao Andolan vs. Union of India and Others [WP (C) 51 of 2006]

Order issued on

18th April, 2011

·       Government of India ased to constitute JJB, CWC and Children’s Homes in all districts of the country.

·       NCPCR named as the statutory body to oversee the implementation of the Juvenile Justice (Care and Protection) Act, 2000.

 

Child Marriage

Bachpan Bachao Andolan vs. Union of India and Others [WP (C) 51 of 2006]

 

·       BBA sought directions to make registrations of marriages compulsory; disciplinary action against officials who fail to prevent child marriages; punitive action against individuals solemnizing child marriages; declare all child marriages null and void; rehabilitation fund for victim of child marriage.

 

Institutional Frame work

Bachpan Bachao
Andolan vs. State of Bihar and Others [CWJC no:11819 of 2010]

 

(High  Court of Bihar)

Order dated 30th November, 2010

·       Government directed to identify and rescue child labourers as per State Action Plan.

·       BBA to provide training to labour department and Dhawa Dhal.

State Action Plan for rescue of child labourers was formulated and an MoU was signed between Bachpan Bachao Andolan and the Government of Bihar for trainings.

Bachapan Bachao Andolan vs. State of Punjab and Others [WP (C) 7565/2010]

 

(High Court of Punjab)

 

·       Directed Government of Punjab to formulate Plan of Action and Standard Operating Procedure for the rescue of Child Labourers.

The Plan was formulated and 1980 child labourers were rescued till 2011.

Bachapan Bachao Andolan vs. State of Jharhand and Others [WP (PIL) 139/2011]

(High Court of Jharhand)

 

·       The High court directed the constitution of State Child Protection Committees, CWCs, Children’s Homes, Shelter Homes.

·       Also ordered the implementation of the Juvenile Justice (Care and Protection)Act, 2000.

SCPCR was formed in Jharhand.