The Single Judge Bench of the Kerala High Court, comprising Justice V. G. Arun in the case of Pappu Bawaria v. District Collector, Kakkand & Ors has ordered the District Authorities to release the children from Children care home who were separated from their parents in the case of forced child labour and observed that the holistic development of children cannot be attained by separating them from their biological family.
Facts of the Case
The petitioners are natives of Rajasthan and had migrated to Delhi in search of livelihood. The Petitioner is having two sons. The children accompany the elders for selling their wares on the streets. On 29.11.2022 the children were nabbed by the respondent alleging that they were being forced to do child labour by selling articles on the streets. This writ petition is filed seeking a direction to the respondents to release Vikas Bavaria and Vishnu Bavaria to the custody of the petitioners.
Reasoning and Decision of the Court
The Court perused the facts available on record and observed that “I am at a loss to understand as to how the activity of the children in helping their parents in selling pens and other small articles would amount to child labour”.
The Court further interacted with the petitioners and the petitioners undertook not to let the children on to the streets for selling articles and to take measures for educating them.
The Court looked into the general principles to the followed in administration of the Juvenile Justice Act, the best interest principle require all decisions regarding children to be based on the primary consideration that they are in the best interest of the child and to help the child to develop to full potential.
Therefore, the Court directed the Respondents to forthwith release the children to the custody of the petitioners and held that the holistic development of the Children (Vikas and Vishnu) cannot be attained by separating them from their biological family. On the contrary, the attempt of the State should be to provide the children with proper education, opportunity and facilities to develop in a healthy manner and in conditions of freedom and dignity.
Case Details
Case:- WP(C) NO. 41572 OF 2022 (V)
Petitioner:- Pappu Bawaria
Respondent:- District Collector, Kakkand & Ors
Judge: Justice V. G. Arun
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(With input from news agency language)
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