Activity of Children in Helping Their Parents in Selling Pens and Other Small Articles Would Not Amount to Child Labour: Kerala HC
Contents News/Article Date: 9th January 2023
Relating to which Act: CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
Applicable to which State: The Act extends to the whole of India
Type: Case Title: Pappu Bawariya and Anr. v. District Collector Civil Station and Ors.Citation: 2023 Live Law(Ker)10 – The Kerala High Court on Friday ordered the release of two children from Delhi
Pertains to: The Writ Petition was filed for the parents of the children seeking direction to release the children to their custody
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In this instance, the Kerala High Court on Friday ordered the release of two children from Delhi who were sent to a shelter home alleging that they were being forced into child labour by selling articles on the streets to the custody of their parents. In November 2022, the two children were nabbed by the Police alleging that they were being forced into child labour by selling articles on the streets. The Children were thereafter produced before the Child Welfare Committee and sent to Shelter Home.
Karma Global does vendor audits of almost 4000 vendors or contractors on a monthly basis who are operating from the premises of the Principal Employer. The foremost checklist point for vendor audit is the mention of the Child Labour Act.
This Act (1) bans the employment of children below 14 years of age, in specified occupations and processes, (2) lays down a procedure (3) regulates the conditions of work of children who are not prohibited from working (4) lays down enhanced penalties for employment of children in violation of the provisions of this Act.
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Subject: ‘Children Helping Parents in Selling Articles Not Child Labour’: Kerala High Court Orders Release of Children from Shelter Home
For greater details, appended below is the complete news item
Activity of Children in Helping Their Parents in Selling Pens and Other Small Articles Would Not Amount to Child Labour: Kerala HC
The Kerala HC on Friday ruled that the activity of children in helping their parents in selling pens and other small articles would not amount to child labour.
The bench of Justice V.G. Arun stated that the primary responsibility of care, nurture, and protection of the child is that of the biological family.
In this case, the petitioners are natives of Rajasthan and migrated to Delhi in search of livelihood. The petitioners came down to Kerala for a few months every year and eked a living by selling pens, chains, bangles, rings, etc.
The 2nd petitioner is the wife of the 1st petitioner’s brother. The 1st petitioner has a son by the name of Vikas Bavaria and the 2nd petitioner, has a son named Vishnu Bavaria.
The children accompany the elders for selling their wares on the streets. The children were nabbed by the 4th respondent alleging that they were being forced to do child labour by selling articles on the streets.
The children were thereafter produced before the Child Welfare Committee/3rd respondent and sent to the 5th respondent’s shelter at Palluruthy.
The writ petition has been filed seeking a direction to the respondents to release Vikas Bavaria and Vishnu Bavaria to the custody of the petitioners.
The issue for consideration before the bench was:
High Court noted that “I am at a loss to understand as to how the activity of the children in helping their parents in selling pens and other small articles would amount to child labour. No doubt, the children ought to be educated, rather than being allowed to loiter on the streets along with their parents. On interaction with the petitioners, they undertook not to let the children on to the streets for selling articles and to take measures for educating them.”
The bench stated that “I wonder as to how the children can be provided proper education while their parents are leading a nomadic life. Even then, the police or the CWC cannot take the children into custody and keep them away from their parents. To be poor is not a crime and to quote the father of our nation, poverty is the worst form of violence.”
High Court opined that even as per the general principles to the followed in the administration of the Juvenile Justice Act, the best interest principle requires all decisions regarding children to be based on the primary consideration that they are in the best interest of the child and to help the child to develop to full potential. As per the principle of family responsibility, the primary responsibility of care, nurture, and protection of the child is that of the biological family. Therefore, the holistic development of Vikas and Vishnu cannot be attained by separating them from their biological family. On the contrary, the attempt of the State should be to provide the children with proper education, opportunity, and facilities to develop in a healthy manner and in conditions of freedom and dignity.
In view of the above, the bench directed respondents 3 to 5 to release the children to the custody of the petitioners and listed the matter on 10.01.2023.
Case Title: Pappu Bawariya v. District Collector Civil Station
Bench: Justice V.G. Arun
Case No.: WP(C) NO.