BACHPAN BACHAO ANDOLAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Public Interest Litigation has been filed by the writ Petitioner seeking directions for the Respondent -State to adopt the scheme/ action plan framed by the National Commission for Protection of Child Rights with necessary and appropriate modifications as applicable to the State of Jharkhand and to constitute a State Commission for Protection of Child Rights as per the provisions contained in 'The Commission for Protection of Child Rights Act 2005 ' and to constitute Child welfare Committees, children 'shomes, shelter homes and to implement the provisions contained in the Juvenile Justice (Care and Protection of Children) Act, 2000. The Petitioner 'sendeavor is for rehabilitation of all children and other victims of trafficking who have been rescued from other States and repatriated back to the State of Jharkhand.

(2.) LEARNED Counsel for the Petitioner drew our attention to the order dated 14th July 2009 passed by the Delhi High Court in W.P (C ) No. 9767 of 2009 (Court on its Own Motion V/s. Government of NCT of Delhi), wherein, the Delhi High Court noticed the earlier decision of the Hon 'ble Supreme Court delivered in case of M.C. Mehta V/s. State of Tamil Nadu reported in AIR 1997 SC 699 wherein several directions were issued by the Hon 'ble Supreme Court and one of the important directions was to direct an employer to pay a compensation of Rs. 20,000/ -for having employed a child below the age of 14 years in hazardous work in contravention of Child Labour (Prohibition & Regulation ) Act, 1986 and the appropriate Government was also directed to contribute a grant/deposit of Rs. 5,000/ -for each such child employed in hazardous jobs. The said sum of Rs. 25,000/ -was to be deposited in a fund to be known as Child Labour Rehabilitation -cum -Welfare Fund and the income from such corpus was to be used for rehabilitation of the rescued child.

(3.) WE have also noticed that the National Legal Services Authority (NALSA) also declared this year as 'the year of Rights of the Child '.