BACHPAN BACHAO ANDOLAN versus UNION OF INDIA & OTHERS

Citation: [2011] 5 S.C.R. 353 · Decided: 18-04-2011 · Supreme Court of India · Bench: DALVEER BHANDARI · Disposal: Hearing Adjourned
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Judgment (excerpt)

[2011] 5 S.C.R. 353 
BACHPAN BACHAO ANDOLAN 
v. 
UNION OF INDIA & OTHERS 
(Writ Petition (C) No. 51 of 2006) 
APRIL 18, 2011 
[DALVEER BHANDARI AND A. K. PATNAIK JJ.] 
CHILD WELFARE: 
A 
B 
Children engaged in circuses - Protection, from physical C 
and sexual abuse - HELD: Government of India is fully aware 
about the problems of children working in various places, 
particularly, in circuses - Right of children to free and 
compulsory education has been made a fundamental right 
under Article 21-A of the Constitution - Directions given to the o 
Central Government to issue suitable notifications prohibiting 
employment of children in circuses within two months -
Further directions issued to conduct simultaneous raids in all 
the circuses to liberate the children and check the violation 
of their fundamental rights and to take steps for their E 
rehabilitation - The Secretary of Ministry of Human Resources 
Development, Department of Women and Child Development 
directed to file a comprehensive affidavit of compliance -
Court also accepted the submission and recommendations 
of the Solicitor General of India - Each State should issue a 
Circular indicating how the recommendations will be F 
implemented - Constitution of India, 1950 - Article 21-A read 
with Articles 14 - 17,21,23 and 24-Juvenile Justice (Care and 
Protection of Children) Act, 2000- s.33(3) - Public interest 
' litigation -
U. N. Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, .i.e. the PALERMO Protocol on G 
Trafficking. 
The instant writ petition was filed in public interest by 
the petitioner, namely, "Bachpan Bachao Andolan", in 
353 
H 
354 
SUPREME COURT REPORTS 
[2011) 5 S.C.R. 
A order to protect the children in circuses from serious 
violations and sexual and physical abuse. 
Pursuant to the notice issued by the Court, the Union 
of India, and various States and the Union Territories filed 
replies. The Solicitor General of India broadened the 
8 
scope of the petition in order to deal with also the problem 
of trafficking in women and children. During the course 
of hearing suggestions and recommendations were 
made by the Solicitor General of India for preventing child 
abuse, commercial sexual abuse of women and children, 
C human trafficking, and for rehabilitation of rescued 
children, effective functioning of Child Welfare 
Committees under the Juvenile Justice (Care and 
Protection of Children) Act, 2000, proper implementation 
of adoption schemes and Integrated Child Programme 
D Schemes, interface between National Commission for 
Protection of Child Rights, State Governments and the 
Ministry of Woman and Child Development. 
Directing the matter to be listed on 19th July, 2011, 
E the Court 
HELD: 1.1 From the comprehensive submissions 
made on behalf of the respondents, it is abundantly clear 
that the Government of India is fully aware about the 
problems of children working in various places, 
F 
particularly, in circuses. It may be pertinent to mention 
that the Right 'of children to free and compulsory 
education has been made a fundamental right under 
Article 21A of the Constitution. Now every child of the age 
of 6 to 14 years has right to have free education in 
G neighbourhood school. [para 67] [395-G-H] 
1.2 The submissions of the Solicitor General of India 
are accepted. Each State must issue a circular within four 
weeks effectively indicating how the recommendations 
H will be implemented. [para 66) [395-D-F] 
BACHPAN BACHAO ANDOLAN·,:v. UNION OF INDIA & 355 
ORS. 
2.1 This Court plans to d·~al with the~problem of A 
children's exploitation systematically. In this order the 
directions are limited to regarding children working in the 
Indian Circuses. Consequently, it is directed: 
f 
. 
(i) In order to implement the fl!ndamental right of the 8 
children under Article 21A, it is imperative that the 
Central Government must issue suitable notifications 
prohibiting the employment of children in circuses 
within two months; 
(ii) The respondents are directed to conduct C 
simultaneous raids in all the circuses to liberate the 
children and check the violation of fundamental 
rights of the children. The rescued children be kept 
in the Care and Protective Homes till they attain the 
age of 18 years; 
D 
(iii) The respondents are also directed to 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 verific
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