Bachpan Bachao Andolan :: Save the Childhood Movement
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Bachpan Bachao Andolan : Save the Childhood Movement
Save the Childhood Movement
BBA is the pioneering child-friendly organisation of India working to end child labour, child trafficking, and provide free education for all children since 1980
Annual Report 2009-10
Bachpan Bachao Andolan in Action Bachpan Bachao Andolan in Action

What We Do
RAID AND RESCUE

Raid and rescue involves the following steps:

  • Conformation of the Complaint: Confirming a complaint is very crucial as one cannot act effectively if there is lack of information about the complainant and the whereabouts of the child labourer and his / her employer. Thus, it would be viable to first obtain accurate information and, if possible, talk to the child personally to get the facts right. Raid and rescue operation is a fastidious process that has to be planned well in advance and all unforeseen circumstances accounted for.
  • Filing a Complaint: Once the accurate information is acquired, an F.I.R.(First Information Report) can be lodged in the Police Station under the Bonded Labour (Abolition) Act 1976 (sections 16-23), Juvenile Justice (Care and Protection of Children)  Act 2000 (sections 23 and 26) and the Indian Penal Code (IPC) or a complaint can be filed at the District Magistrate Office under the  Bonded Labour (Abolition) Act 1976 and Indian Penal Code.

Bonded Labour (Abolition) Act 1976 is a more stringent and effective law as under this law, bondage is a cognizable offence and the offender can be arrested. Under this police cannot give bail to the culprit and it will be given by the Magistrate. More importantly, under the Bonded Labour Act, children and adults are entitled for a rehabilitation package under the Centrally Sponsored Scheme for Rehabilitation of Released Bonded Labourers. Children, who have been released under this law, are to be compulsorily enrolled in schools. Further, parents who are given rehabilitation package of Rs. 20,000 worth of earning assets, have to ascertain that the children are retained in the school.

The Juvenile Justice (Care and Protection of Children) Act 2000 gives special emphasis on rehabilitation and social reintegration of children and the alternatives provided for this are adoption, foster care, sponsorship and after care. This Act covers many aspects of exploitation however, once the children are repatriated back to their homes, follow-up becomes cumbersome and if there is no sustained involvement of police and other divisions, then the raid and rescue operations becomes a lost opportunity.

However, Child Labour (Prohibition and Regulation) Act is not a very strong deterrent and has several loopholes including the differentiation between hazardous and non-hazardous industries and work. It does not prohibit child labour per se, nor does it set a minimum age for the employment of children. Instead it regulates the hours and conditions of work for child labourers, while prohibiting the employment of children in certain occupations and processes, namely 57 are listed as hazardous and child labour is prohibited in them up to 14 years of age. But family child labour is accepted, so in most cases the employers masquerading as relatives evade conviction. Another impediment in the Child Labour Law is since birth registration is not prevalent in rural areas; most children are unaware of their ages. In most cases, with no medical proof to establish the correct age of children by police, the benchmark of 14 years becomes ambiguous. The Child Labour Act is effective only when action and rehabilitation package of Rs. 25,000 is given to the released children for their education, in view of the December 1996 judgement.

  • Counselling of the Victim: Counselling is essential as the victims undergo acute physical and mental trauma and have an increased risk of suffering from psychological distress. It helps to remove feelings of distrust, fear, anger, loneliness, insecurity and helplessness. It is vital to restore the victims’ faith in humanity and to lift their spirits and confidence to face the world and the problems within it. Victims are oriented about their future and motivated to work towards a better future as well as fight for their rights.
  • Medical Examination: Medical examination of the victim is carried out by a Government doctor under police custody to find traces of physical and sexual assault or molestation and to diagnose any health disorder. Medical examination can also be carried out to determine the age of the victim when it is a matter of contention.
  • Producing the Victim before the District Magistrate
  • Rehabilitation and Repatriation: No rescue is complete without rehabilitation which can be Statutory-based provided to rescued child labourers under Bonded Labour (Abolition) Act 1976 and Juvenile Justice (Care and Protection of Children) Act 2000 or Center-based provided by institutions and rehabilitation homes. Repatriation is also important and thus rehabilitation should also be such that the children are not alienated from the life in their own homes and their family and relatives.
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© Bachpan Bachao Andolan : Save the Childhood Movement - 2012 - All Rights Reserved
BBA is the pioneering child-friendly organisation of India working to end child labour, child trafficking, and provide free education for all children since 1980