INDIA: Landmark ruling on 'bonded' labour
[news] [7 August 2007] -
An Indian NGO has won what it believes could be a landmark court case for the rehabilitation of child labourers.In October 2005, Bachpan Bachao Andolan (BBA) rescued 129 child labourers from embroidery factories in Kotla Mubarakpur area, Delhi. However, the case registered by the police after the rescue was filed under the Child Labour (Prohibition and Regulation) Act, 1986 and the Juvenile Justice (Care and Protection) Act, 2000 which do not provide for Rehabilitation of children. BBA then filed a case with the National Human Rights Commission against the office of the Sub-divisional Magistrate (Defence Colony). They demanded that the case of these children be registered under the Bonded Labour System (Abolition) Act 1976, as the children were working under ‘bonded’ conditions and were therefore eligible for rehabilitation under centrally-sponsored schemes.Repatriation
After almost two years, the National Human Rights Commission (NHRC) has upheld BBA’s stand by granting the issue of release certificates for the children, repatriating them to their native places in Jharkhand, Bihar and West Bengal, and arranging for their rehabilitation. NHRC cited various provisions of law and decisions taken by the Supreme Court regarding the issue of release certificates and bonded labour.
NHRC also emphasised the need for an understanding of the meaning and implications of the words “child”, “bonded labour system” and other terms in various acts relating to the prohibition of child labour. SensitisationIt has also indicated a need for sensitisation among officers at the Labour, Revenue and Police departments of the Delhi Administration. The ruling implies that all other cases of rescued child labourers, working under similar conditions, will be registered under the Bonded Labour Systems (Abolition) Act which will provide for their rehabilitation. BBA believes this makes it a significant victory in the battle against Child Labour