Legal Correspondent - 18 April 2011
The Supreme Court on
Monday banned the employment of children in circuses and directed the Union
government to take immediate steps to rescue those engaged in such employment.
A Bench of Justices
Dalveer Bhandari and A.K. Patnaik, passing orders on a petition filed by the
Bachpan Bachao Andolan, said: “To implement the fundamental right of children
under Article 21A [right to education], it is imperative that the Central
government issue suitable notifications prohibiting the employment of children
in circuses within two months.”
The Bench said,
“Mostly, these children are sold to circus owners either by agents or their
relatives, or sometimes the poor parents are lured into the web by promising
high salaries and a luxurious life and later put into child trafficking.”
Underlining the need for
protecting children, it said: “More than one-third of the country's population,
around 440 million, is below 18 years of age. India's
children are India's
future. They are the harbingers of growth, potential fulfilment, change,
dynamism, innovation and creativity. It is necessary that for a healthy future,
we must protect, educate and develop the child population so that their
citizenry is productive.”
Writing the order,
Justice Bhandari said: “Deprivation of children from getting educated violates
their fundamental right for education enshrined under Article 21A of the
Constitution. Deprivation of the child from playing and expression of thoughts
and feelings is a violation of the fundamental right to freedom of expression.”
‘Trafficking on the rise'
The Bench pointed out
that trafficking in women and children was on the rise as it had become an
increasingly lucrative business, especially since the risk of being prosecuted
was vey low.
It said: “Women and
children do not usually come to the brothels on their own will. They are
brought through highly systematic, organised and illegal trafficking networks
run by experienced individuals who buy, transport and sell children into
prostitution.”
The Bench directed the
Centre to conduct simultaneous raids in all circuses to liberate children and
check violation of their fundamental rights. “The rescued children [should] be
kept in care and protective homes till they attain the age of 18.”
The Bench directed the
Centre to frame a proper scheme of rehabilitation for the rescued children from
circuses. The government should talk to the parents of the children, and “in
case they are willing to take their children back to their homes, they may be
directed to do so after proper verification.”
The petition was filed
in the wake of serious violations and abuse of children who were forcefully
detained in circuses, in many instances without any access to their families
and under extreme inhuman conditions.
The petition said
there were instances of sexual abuse on a daily basis, as well as physical and
emotional abuse. “The children are deprived of the basic human needs of food
and water.”
The Bench directed the
Secretary, Ministry of Human Resource Development, and the Department of Women
and Child Development to file a comprehensive affidavit of compliance within 10
weeks.
