The Delhi High Court has sought the response of the Central government and the AAP government on a plea filed by a man seeking immediate financial rehabilitative assistance for his minor child and on behalf of 87 others who were victims of forced child labour/bonded labour in New Delhi.
A bench headed by Chief Justice D.N. Patel and Justice Jyoti Singh has issued notice to the Ministry of Labour and Employment, Delhi Government, District Magistrate (Daryaganj) and Sub-Divisional Magistrate (Jhandewalan) and sought their reply before the next date of hearing February 8, 2021.
The petition has been filed by Mohd. Kadir Ansari through Advocate Namisha Menon, who has sought directions to provide Rehabilitative immediate Financial Assistance for his minor child, who was rescued from bonded labour along with 87 others.
The petitioner has alleged even after a lapse of 1 year 6 months, his child has been precluded from availing the benefit of the Rehabilitative Immediate Financial Assistance, thereby defeating the victim child’s rights under Article 15, Article 23, Article 24 and, Article 39 (e) and (f) under the directive principles which requires the States to ensure that children are protected against abuse and not forced to enter a vocation not suited to their age or strength and instead of protecting such vulnerable children, it makes these children more prone to being re-trafficked.
The petition stated, “The petitioner going beyond his personal relief and while promoting for the larger good, also seeks to draw the attention of this Court, in public interest, to other similarly placed victims of bonded labour in Delhi, who are yet to receive their compensation in spite of having been identified as bonded labourers, and having received their release certificate, thereby getting the imprimatur of the authorities that such children now stand released from bonded labour. The petitioner submits that there are around 87 other children, who were rescued from different premises, after the issuance of the SOP dated 04.07.2018, and have not been granted the “Rehabilitative Financial Immediate Assistance” till date.”
The petitioner said he is entitled for immediate financial rehabilitative assistance, as applicable under the Central Sector Scheme 2016 (CS Scheme, 2016), and in compliance of the Standard Operating Procedure (SOP) issued vide Order dated 04.07.2018 passed by this Hon’ble Court in the case “W.P. (C) No. 9744/2017 titled “Walter Kerketta vs. Sub-Divisional Magistrate, South-East Delhi, and Ors”.
It is the case of the petitioner that at a tender age of merely 12-13 years, hailing from a socio-economically backward community of Madhubani, Bihar and facing dire poverty, his child came to Delhi in search of livelihood options. He was offered employment at an establishment situated at 6168, Quilla Qadam Sarif, Nabi Karim, New Delhi (hereinafter known as “Establishment”). However, during the course of his employment, the petitioner’s child, was subjected to severe abuse for over a period of 2 months at the hands of his trafficker/employer who inhumanely compelled the petitioner’s child to work for long hours (14 hours a day) and for less than the statutory minimum wages.
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