The Kerala High Court opined that helping parents in selling small articles does not amount to child labour. Noting that when the life led by parents is nomadic, proper education of the children cannot be ensured, the Bench expounded that even in this case, the police or the Child Welfare Committee cannot take custody of the children.
The High Court further noted that to take care of the children, the primary responsibility lies on the biological family and the State should undertake to provide proper education and opportunities to children so that they can develop healthily and in conditions of freedom and dignity.
Brief Facts:
The Petitioners belong to Rajasthan, and they migrated to Delhi to sustain themselves. Every year the Petitioners come to Kerala for a few months and to sustain, sell pens, chains, and bangles, etc.
Petitioner No. 1 has two sons aged 6 and 7 years who accompany the adults in selling items on the streets. Respondent No.4 caught these children and produced them before the Child Welfare Committee on account of forced child labour. Since then, the children have been in the shelter, away from their parents.
Therefore, the present petition has been filed to seek directions for releasing the children to the custody of the Petitioners (“parents”).
Contentions of the Respondents:
The Respondents contended that the activity done by the children amounted to child labour and the children came under the category as defined in Section 2(14)(i)(ii) of the Juvenile Justice (Care and Protection of Children) Act, 2015. For the benefit of the children, it was important to rehabilitate them in a Child Welfare Committee.
Observations of the Court:
The Court observed that helping parents in selling small articles does not amount to child labour. Noting that when the life led by parents is nomadic, proper education of the children cannot be ensured, the Bench opined that even in this case, the police or the Child Welfare Committee cannot take custody of the children.
The High Court expounded that to take care of the children, the primary responsibility lies on the biological family and the State should undertake to provide proper education and opportunities to children so that they can develop healthily and in conditions of freedom and dignity.
The decision of the Court:
Based on the above-mentioned reasons, the Kerala High Court ordered the release of the children and granted the custody to the Petitioners.
Case Title: Pappu Bawariya & Anr. V. District Collector Civil Station & Ors.
Coram: Hon’ble Mr. Justice V.G. Arun
Case No: WP (c) no. 41572 OF 2022
Advocate for Petitioners: Adv. Sri. Mrinuaal
Advocate for Respondents: Government Pleader, Adv. Sri Harishankar
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