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The Jaipur Bench of Rajasthan High Court, presided over by acting Chief Justice Mr. Mahindra Mohan Shrivastava and Mr. Justice Sameer Jain entertained the PIL Gopal Singh Bareth V/S State Of Rajasthan in order to institutionalize effective machinery and mechanism for rescue and post rescue rehabilitation of all child labours in the State of Rajasthan.
Background of PIL
The PIL (D.B. Civil Writ Petition (PIL) No. 5383/2020 ) was filled by the petitioner in person, advocate Mr. Gopal Singh Bareth. Rajasthan High Court in his previous order on 17.06.2020 had directed the state to form a high level committee comprising the Secretary, Department of Labour and the Labour Commissioner as Chairman and Secretary of that committee respectively. Further, Detailed directions on September 28, 2020 were also issued by the Court to the state government for enforcing and ensuring child rights to migrant labourers. Rajasthan The high court also directed the state to prepare appropriate action plan with the help of experts/NGOs to ensure that such exploitative child labour practices are put to halt. Gopal Singh Bareth seeking specific directions for the State Government. AG Mr. M.S. Singhvi with Adv. Siddhant Jain and Adv. Priyanka Mali appeared on behalf of the respondents-state government.
Decision of Court
The bench comprising acting Chief Justice Mr. Mahindra Mohan Shrivastava and Mr. Justice Sameer Jain, while hearing the petition observed that a number of child labourers were subject to unfair police actions and were later rescued. Large number of criminal cases have also been registered against those involved in child trafficking and exploitation of children in various small/large scale industrial and commercial activities. The court found that action has also been initiated where a child labourer were found dead
The petitioner sought to formulate and implement an action plan for the rescue and the post rescue care/rehabilitation of child labourers in the State of Rajasthan. On April 27, 2022 High Court pursuing the submissions made by the state government and the report filled by the state government, the Court observed that
“It would be in the interest of the children who are being subjected to exploitation as child labour that the high level committee focuses on this issue and prepare appropriate action plan with the help of experts/NGOs to ensure that such exploitative child labour practices are put to halt. Allowing such activities to first happen and then taking action by registering offence is not enough. Appropriate action plan is required to be prepared and implemented to prevent such activities so that the children are not put to such kind of exploitative practices as child labours”.
During the hearing the respondent’s counsel informed the court that she had filed two affidavits which highlighted that after rescue of children, the rehabilitation mechanism is required to take further steps which includes payment of compensation and rehabilitation of children and other rehabilitatory practices.
The Advocate General were unable to find the said affidavits on record, the court asked the respondent’s counsel to ensure that copies of the said affidavits are supplied in the office of Advocate General within a period of seven days. The court also directed the Registry to verify whether or not such affidavits have been filed and attach the same with the records of the present case. The court also granted three weeks time to Advocate General to respond to the averments made in the said two affidavits, if filed before the Registry.
Earlier directions of Rajasthan High Court
Rajasthan High Court on September 28, 2020 had directed the state government as follow:
(a) The Department of Social Justice shall issue directions to the child right enforcing officers to carry out the responsibilities strictly in view of the action plan prepared by the State and guidelines issued therein taking the assistance of NGOs working in the said field. We also call upon the said authority to submit before this Court monthly statements, facts and figures of the result (3 of 3) [CW-5383/2020] of such enforcement right as well as steps taken for rehabilitation of any minor who is found to be working.
(b) We also permit petitioner and/or NGOs working for the child right to provide necessary details of the child migrant worker who may have left for his/her State and such information once provided to the child enforcement authority, they in turn on being satisfied of the genuineness of such statements may intimate their counterparts in the respective States to initiate suitable action for taking care and rehabilitation of such child labourers.
(c) We direct the Secretary, Rajasthan State Legal Services Authority (RSLSA) to correspond with the appropriate police officers, who are concerned in the matter and to ensure that necessary financial benefits that are available under the various schemes are made available to such children at the earliest.
Moreover, the court also sought the action so far taken by the high-level committee along with a concrete action plan from the State on the next date hearing.
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