BACHPAN BACHAO Vs. UNION OF INDIA

JUDGEMENT

(1.) In all these three writ petitions filed in public interest, a disturbing problem which our society faces, day in and day out, has been highlighted. This conundrum relates to child trafficking. It is this menace prevailing in our society, which has been raised in all these writ petitions, albeit from different perspective. However, the primary objective and aim of all these writ petitions remains the same, viz., how to eradicate, or at least reduce to significant level, this peril. In order to appreciate the issue, we shall take note of the facts which have led to the filing of these writ petitions.

(2.) Kalpana Pandit is the Petitioner in this case whose daughter is espoused by social activist/Advocate, Ms. Aparna Bhat. The Petitioner is a domestic servant (illiterate lady), driven by poverty, working as domestic servant in various houses from time to time to earn the minimum livelihood for her family and sustaining the family for fulfilling the daily needs. Her family has roots in West Bengal. However, due to acute poverty and incapable to get any employment, she came to Delhi sometime in 1995-96, i.e. five to six years ago before filing this writ petition. The Respondent No. 4, viz., Sahyog Placement Sanstha is a placement agency, which makes arrangements for providing domestic helps to the residents of this city. Sometime in March, 1999, the Petitioner handed over her daughter to this Sanstha, whose sole proprietor is Sunita Sen, for placement of her daughter as domestic help in some residence. The reason was that the Petitioner had fallen serious sick for a long duration, which compelled her to stay at home, as she was not able to work because of the said sickness. Family, in any case, needed sustenance as there was nobody else to support the family financially, no alternative was left to the Petitioner to compel her daughter Jharna to take up work.

(3.) Jharna started working as domestic help at the residence of Respondent No. 4. She believed that her daughter would be safe and secure with Sunita Sen. According to the Petitioner, she did not know that Sunia Sen, who is one of placement agent would place Jharna as domestic help in other people's houses.