HC takes note of child workers, seeks report from Delhi government

New Delhi: The Delhi High Court on Wednesday took note of the slow pace in rescuing and rehabilitating child workers in the national capital and asked the city government to consider the suggestions given by an NGO on the issue. "The senior advocate, appearing for the NGO, today filed the suggestions with regard to steps to be taken for rescuing the child workers.

"The government of National Capital Territory Delhi (GNCTD) seeks time to respond to the suggestions. The Additional Labour Commissioner is directed to file further submission before November 5, the next date of hearing," a bench of Chief Justice G Rohini and Justice RS Endlaw said, adding that the government agencies are not doing the needful.

The bench was hearing a PIL filed by NGO 'Save the Childhood Foundation' seeking rescue and rehabilitation of child workers in Delhi.

Senior advocate H S Phoolka, appearing for the NGO, on Wednesday submitted the suggestions on the issue of child labour in pursuance of earlier direction of the court. "The latest census of 2011 indicates that about 36,000 child labour continue to languish in Delhi. At this rate, the respondents (agencies) will be able to eliminate child labour system in 36 years or more," he said.

"Lay down a comprehensive definition of child labour as - 'Child Labour shall mean the system of employing or engaging a child to provide labour or service to any person, for any payment or benefit, paid to the child, or to any other person exercising control over the said child'," one of the suggestions said.

The lawyer has also sought immediate constitution of a "steering committee on child labour at the state-level headed by the Divisional Commissioner to ensure compliance of all laws and court directions". "Immediate action, within 24 hours, when a complaint of child labour is filed and action within three days if number of child labourers are large, i.e. above 100.

"Currently, complaints are pending for weeks and months, giving ample opportunity to the employers to move the child labour, making the chances of their rescue even more remote," the NGO said in its suggestions. The NGO has also sought compulsory registration of all factories and other "such places of production employing young labour by the Labour Department." Conduct at least 20 large-scale child rescue operations per month and least 500 children to be rescued in a month, it said.

"Appropriate provisions of law ought to be invoked by the police while registering FIR in a case of child labour...On the rescue of girl children, if any sexual exploitation is found, appropriate sections of Protection of Children from Sexual Offences Act be invoked," it said.

Investigation should be completed within 45 days from rescue of a child so that necessary formalities for rehabilitation and compensation can be complied with within 45 days of rescue of victim, it said.