In October 2005, Bachpan Bachao Andolan (BBA) rescued 129 child labourers from embroidery factories in Kotla Mubarakpur area, Delhi. However, the case registered by the police after the rescue was under the Child Labour (Prohibition and Regulation) Act, 1986 and the Juvenile Justice (Care and Protection) Act,2000 which do not provide for Rehabilitation of these children. BBA, thus, filed a case with the National Human Rights Commission against the office of the Sub-divisional Magistrate (Defence Colony). BBA demanded that the case of these children be registered under the Bonded Labour System (Abolition) Act, 1976 as the children were working under 'bonded' conditions and are therefore eligible for rehabilitation under centrally sponsored schemes.

After almost two years, the National Human Rights Commission (NHRC) has upheld BBA's stand by granting its demands of issuing release certificates of the children, repatriating the released children to their native places in Jharkhand, Bihar and West Bengal, and finally, arranging for their rehabilitation. NHRC has validated the decision by citing various provisions of Law and decisions taken by the Supreme Court regarding (a) issue of release certificates and (b) handing over the same to the released bonded labour by way of a summary trial. This has been emphasized by the Supreme Court in the subsequent judgements --Bandhua Mukti Morcha vs. Union of India, 1983; Neerja Chaudhary vs. State of Madhya Pradesh, 1984; Upendra and others vs. State of Madhya Pradesh and another, 1986; Chattisgarh Krishak Mazdoor Sangh vs. State of Madhya Pradesh, 1986 and Santhal Pargana Antyoday Ashram vs. State of Bihar, 1986.

NHRC has also emphasized a need for generation of awareness to understand the meaning and implications of the definition of a "child", "bonded labour system" and other important terms in various acts relating to the prohibition of child labour. It has also indicated towards a need for sensitization among officers of Labour, Revenue and Police departments of Delhi Administration. This matter was placed before full bench of NHRC.This ruling also implies that all other cases of rescued child labourers, working under similar conditions, will be registered under the Bonded Labour Systems (Abolition) Act which will provide for their rehabilitation thereby making this, a significant victory in our battle against Child Labour.

Content edited by: Tanya Jain & Nikhil Gopal Agrawal,
Volunteers, Studying in Department of Social Work, University of Delhi