Court warns of action if state fails to implement law protecting kids
Give importance to human existence, only then child labour would be eradicated, HC tells Maha govt
Coming down heavily on the Maharashtra government, the Bombay High Court on Tuesday said unless it does not give importance to human existence, the issue of child labour would continue to prevail in the State. The HC even warned the government of initiating prosecution against its top bureaucracy, if it failed to implement the Child Labour Act.
A division bench of Justice Satyaranjan Dharmadhikari and Justice Bharati Dangre was irked over the government over its approach to the issue of child labour. The government had no recent data showing the exact number of children rescued, how many of them were reunited with their families and so on.
An enraged Justice Dharmadhikari said, “There have been instances when your officials get a dressing-down in the Supreme Court but still their orders are not implemented. How can you assure that this Court’s orders would be implemented by these officials?”
“We are of the opinion that no orders would work unless your officials give importance to the human existence. If you do not bother about the child’s life this issue cannot be removed from the society,” Justice Dharmadhikari observed.
The judges were hearing a suo moto (on its own) Criminal Public Interest Litigation (CRPIL) taken up by the HC way back in 2006. The petition pertains to the condition of children, who are forced to work at factories and other places, and their conditions post their rescue.
The judges also expressed shock after being informed that the government has not kept any track of children who were reunited with their families.
Justice Dharmadhikari said, “It is shocking that you have no mechanism for keeping track of children as to if they are admitted to some school or not. We think a child must be brought to school and even if he drops out, he should be again brought back.”
“Such children have the right to life and it is your obligation to provide these children with a meaningful and purposeful life. There must be a periodical follow up on the children’s health, education and other aspects,” Justice Dharmadhikari added.
The matter has been posted on Thursday when the judges would pass a detailed order on the matter. The judges have till then, asked the government to give a list consisting the names of secretaries from various departments, who would take a stock of the issue periodically.
An enraged Justice Dharmadhikari said, “There have been instances when your officials get a dressing-down in the Supreme Court but still their orders are not implemented. How can you assure that this Court’s orders would be implemented by these officials?...We are of the opinion that no orders would work unless your officials give importance to the human existence. If you do not bother about the child’s life this issue cannot be removed from the society.”