A movement headquartered in India called Bachpan Bachao Andolan filed a public interest petition under article 32 of the indian constitution against the severe abuses and violations of children who are compelled to be held in circuses. The youngsters are trafficked from impoverished regions of India and Nepal, where they are kept in appalling conditions and frequently subjected to physical, sexual, and psychological abuse while performing in circuses. The rights of these children are not protected by labour or welfare laws, and governmental agencies have not addressed the problem of child trafficking.
bachpan bachao andolan v union of india Case Facts
- This petition has been submitted in the public interest (PIL) under Article 32 of the Constitution in response to grave abuses and violations of children who are frequently forced to work in circuses in horrendous conditions with no communication to their families.
- Every day, incidents of physical, emotional, and sexual abuse take place. The children lack access to basic necessities such as food and water.
- On April 26, 2013, the petitioner filed a contempt petition in the writ case, criticizing the manner in which the relevant police station handled a complaint about a missing child.
- A set of directives was passed for the same case, which contained further instructions for carrying out the Juvenile Justice (Care and Protection of Children) Act, 2000, as revised in 2006.
- The court issued a temporary order stating that any case involving missing children that is submitted to the police station must be reduced to a First Information Report (FIR) and that appropriate action must be taken to guarantee that follow-up investigations begin right away.
- However, given the provisions of section 154 of the code of criminal procedure, 1973, which relates to information in cognizable cases, the State of Madhya Pradesh raised some doubts about the filing of the First Information Report (FIR) regarding the missing child.
bachpan bachao andolan v union of india Issues
- Should a mandamus writ or any other suitable writ, order, or directive be issued instructing the respondents to create suitable regulations for those who work in circuses?
Contentions by the Parties
Petitioner:
- The petitioner argued that the I.C.F. lacked sufficient authority, which prevented the agreement from being implemented, even over its own members. The petitioner also claimed that numerous parents had complained to and provided information on the agreement through non-governmental organizations operating in Nepal.
- The petitioner went on to say that the training instructors’ vicious beatings, yelling insults, and the provision of two biscuits and a cup of tea mark the beginning of these children’ days. after three to five performances and numerous offensive remarks from the audience. Managers or employers will reprimand, mistreat, and occasionally even beat a youngster on the pretext if the child is afraid while performing the trapeze.
- The petitioner claimed that none of the welfare or labour laws protected these children’s rights. In these settings, children are sexually, emotionally, and physically assaulted.
Respondent:
- According to the Union of India, 19% of all children worldwide are born in India. Around 440 million people, or more than one-third of the total population, are under the age of 18. It is imperative that we protect, nurture, and educate the youth in order to create effective adults. Children require resources in proportion to their large number.
- According to the Union of India, programs, strategies, and plans for achieving the millennium development goals cannot be achieved unless child protection is a key component.
- The Union of India declared that one must first be aware of the current child safety measures.
bachpan bachao andolan v union of india Judgment
- In two months, the Central Government must make appropriate notifications banning the employment of minors in circuses in order to carry out the children’s fundamental right under article 21a of the indian constitution.
- The Respondents are instructed to carry out simultaneous raids in every circus in order to free the youngsters and stop any violations of their fundamental rights. Children will remain in the Protective and Care Homes until they are eighteen.
The case was acknowledged as a seminal ruling to safeguard children forced to labour in circuses. The Supreme Court specifically said that the government was fully aware of the difficulties that youngsters encounter when working in such conditions. This action was prompted by the verdict in this case. India had trouble coming up with a thorough description of the crime of human trafficking before the ruling. The Justice Verma Committee was established in the wake of the 2012 Delhi gang rape case to examine and recommend updates to the Indian Criminal Law. The Committee’s report was published in 2013 and suggested that the concept of human trafficking used in the bachpan bachao andolan v union of india case be used. The Committee pushed for an overhaul to the country’s anti-human trafficking laws in Parliament.
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