Delhi HC comes to the aid of rescued bonded child labourers

NEW DELHI: Coming to the rescue of rescued bonded child labourers, the Delhi High Court has issued directions for the recovery of back wages and for providing financial assistance to them.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora issued a slew of directions to be followed by the Central and state agencies while dealing with pleas filed by the fathers of two child labourers.

The plea sought statutory financial assistance for their children and several other similarly situated children.

Issuing directions for a savings bank account to be opened for the rescued child, the Court directed that as soon as a child is placed in the childcare/ juvenile home, a joint savings account shall be opened in his name with the superintendent/in-charge of the child care institution (temporary guardian of the child).

The Court further directed, “In the event that the rescued child who remained under the care of the CWC, and during the period of his stay at such CWC attains the age of majority, then, upon such an individual submitting an application directly to the bank where an account has been opened in his name, he/she shall be granted permission to operate such account."

The Court also added that if the parents/guardian of the rescued child are located at any time in future or if he/she is repatriated to their native place, the financial assistance and back wages will be transferred within a week.

Pertinently, on the issue of recovery of back wages, Delhi government's Department of Labour has been directed to issue recovery notices to employers within two working days of the child's rescue.

The Delhi Government has also been ordered to put the Court's directions on its website. 

To ensure speedy recovery of back wages, the Court has allowed the accused employer/owner two weeks’ time to deposit back wages, and where these amounts are not deposited within such a time-frame, the same would be recoverable as a fine.

Additionally, where the two week's time limit is not adhered to, recovery certificates are to be issued by the concerned authority and the back wages to be recovered as arrears of land revenue by the concerned SDM.

Upon recovery, the back wages are to be disbursed to the child or his/her parents/legal guardians in identical procedures within a week of recovery.

Advocate Robin Raju appeared for the petitioners.

Cause Title: Kaum Faqeer Shah v Ministry of Labour and Employment and Ors.