An intervention of PVCHR in Child Labour case

Case Details of File Number: 1888/30/10/2012-cl
Diary Number	25526
Name of the Complainant	SHIRIN SHABANA KHAN, MEMBER -SENIOR MANAGEMENT TEAM
Address	MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	23 RESCUED CHILDREN
Address	KATIHAR,
	KATIHAR , BIHAR
Place of Incident	AMAR COLONY
	, DELHI
Date of Incident	5/12/2011
Direction issued by the Commission	These proceedings are in continuation of the earlier proceedings of the Commission dated 22.04.14, wherein a reminder was issued to the complainant in the case at the latest address available to submit comments, if any, within four weeks directing that this shall be the last opportunity to the complainant, failing which the Commission shall proceed further on the basis of records available. The Commission has received a complaint dt.02.03.12, from Shirin Shabana Khan, Member, Senior Management Team, Manavadhikar Jan Nigrani Samiti stating therein that 23 abducted children were rescued from Amar Colony and Sonia Vihar. 5 men have been arrested for their abduction from Ghaziabad and East Delhi. These children were either employed as workers in roadside stalls and zari units or as domestic help. They were forced to work for over 12 hours every day. They did not get any payment and were often ill-treated. Amongst 23 children, 4 were rescued from a zari factory in Sonia Vihar. They were in the age group of 8 to 10 years native of Katihar District in Bihar. These kids were brought by one of the accused, Junaiud, who forced them to work in his factory. After medical examination, the children were given shelter at the DMRC Salaq Balak Trust Home at Nirmal Chaya Complex. The 19 children rescued from Amar Colony have also been sent to the Nirmal Chaya Home. Notices have been served to their employers. The accused persons have been arrested and sent to jail. The Joint Labour Commissioner, (South) has submitted the report that the child labour rescue operation was carried out by District task Force on 10.05.11 at area Garhi, Amar Colony, Lajpat Nagar, New Delhi. During the rescue operation 19 child labourers were rescued from hazardous occupation and processes. Out of 19 child labourers, 7 were found below the age of 14. They were produced before the Child Welfare Committee (CWC), Lajpat Nagar, New Delhi on the same day. Vide order of the CWC, they have been sent to Mukti Ashram for care and protection. An FIR has also been registered at the Amar Colony, P.S. u/s 23 and 26 of the J.J. Act, 2000 and Section 3 of Child Labour Act, 1986. An amount of Rs.1,40,000/- has been recovered from the defaulting employers @ Rs.20,000/- per child labour in compliance of the direction of Hon'ble Supreme Court in the matter of Sh. M.C. Mehta V/s State of Tamil Nadu and the same has been deposited with the Delhi Child Labour Rehabilitation-cum-Welfare Society. A list of the rescued children has also been attached with the report. The Addl. Commissioner of Police, Vigilance, Delhi has also submitted the report dated 25.09.12 stating therein that on 10.05.11, the SDM, Kalkaji alongwith member of District Task Force which included Labour Department, NGO Bachpan Bachao Andolan and local police jointly conducted a raid in Lajpat Nagar and 19 children working in hazardous category of work/bonded labour were recovered and a criminal case under the provisions of J.J.Act and Child Labour Act has also been registered at P.S.Amar Colony. The accused persons, namely, Ramesh, Sareed and Saroj Jha have been arrested on the same day. Other employers are still absconding. Investigation of the case is in progress. Rescued children got medically examined and produced before the CWC. Sincere efforts are being made to arrest the accused persons. On 07.05.11, on the complaint of Shri Roop Kishore, a worker of NGO namely, Sewa Bharti, a raid was conducted and 4 children were rescued from the area of Sonia Vihar where children were employed as bonded labour. A case vide FIR No.58/11 u/s 14/3 Child Labour Act, 23/26 JJ Act and 16, 17, 18, 19, 374 Bonded Labour System (Abolition) Act was registered at PS. Sonia Vihar. After completion of the investigation, charge sheet has been submitted in the case. The Commission examined the police report as well as the report submitted by the Labour Department. During enquiry it was found that child labour rescue operation was carried out by District Task Force on 10.05.11 at area Garhi, Amar Colony, Lajpat Nagar, New Delhi. During the rescue operation, 19 child labourers were rescued from hazardous occupation and processes. Out of 19 child labourers, 7 were found below the age of 14 years, therefore, the child labourers were produced before the Child Welfare Committee, Lajpat Nagar, New Delhi on the same day. The CWC vide order dated 10.05.11 sent all the children to Mukti Ashram for care and protection. The FIR was also registered by the Amar Colony P.S. vide FIR No.181/2011 u/s 23 and 26 of J.J. Act and Section 3 of Child Labour Act. An amount of Rs. 1,40,000/- has been recovered from the defaulting employer @ Rs.20,000/- per child labour in compliance of direction of Hon'ble Supreme Court of India. The rescued 19 children were got medically examined by the Medical Board of Safdarjung Hospital, New Delhi. Out of 19 child labourers, four child labourers were found engaged in 'Dhaba'/hotel. Rs.80,000/- have been recovered in favour of Delhi Child Labour Rehabilitation-cum-Welfare Society and have been deposited accordingly. The management has deposited DD for an amount of Rs.80,000/- in respect of four child labourers. During the course of rescue operation, three child labourers were found engaged in the zari embroidery work. The defaulting employer has deposited Rs.20,000/- in respect of each child employed in favour of Delhi Child Labour Rehabilitation-cum-Welfare Society. They have also deposited DD accordingly. The police alongwith voluntary NGO Shakti Wahini rescued four child labourers. These child labourers were engaged in the mala making. This category of occupation does not fall in the item list of Schedule part A & B of the Child Labour Act, 1986. Hence recovery of Rs.20,000/- in respect of each child labour is not applicable. The police have lodged an FIR u/s 14/3 of the Child Labour Act and u/s 23/26 of JJ Act, u/s 16, 17, 18, 19 of the Bonded Labour System Abolition Act, 1976 and u/s 374 of the IPC against the employer. As per order of the CWC, all the children have been sent to Mukti Ashram for care and protection. The accused persons have been challaned under relevant provisions of the law. The amount recovered has been deposited with the Child Welfare Society. The accused persons have been arrested and sent to jail. After investigation, charge sheet has been submitted against them which is pending in the Court for judicial verdict. As the charge sheet has been submitted against the accused persons and the rescued children have been sent to Mukti Ashram as per order of the CWC, hence no further intervention by the Commission appears to be called for. The case is CLOSED.
Action Taken	Concluded and No Further Action Required (Dated 6/8/2015 )
Status on 7/17/2015	The Case is Closed.