New Delhi: The Delhi High Court has taken decisive steps to address the plight of rescued child labourers in the national capital, issuing a set of comprehensive directives for immediate financial assistance, back wage recovery, and legal proceedings.
The division bench, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, emphasized the urgency of implementing a robust post-rescue protocol to ensure the well-being of these vulnerable individuals.
The court directed the Delhi government that when a rescued child is placed in a childcare or juvenile home under the care of the Delhi Government, a savings bank account should be jointly opened immediately in the name of the minor.
“This account will be managed jointly by the child and the Superintendent or In-charge of the respective Child Care Institution, serving as the temporary guardian. In case parents or guardians are located later, the government will electronically transfer financial assistance within one week from verification.”
“If the rescued child during the period of his stay at the Child Welfare Committee attains the age of majority, he or she shall be granted permission to operate such an account as a sole individual,” the court stated.
The court emphassed the role of NGOs and Vigilance committees in providing information regarding bank account details and other relevant documents of rescued children and their parents or guardians.
Regarding the recovery of back wages, the court directed the Delhi Government’s LabourDepartment to issue Recovery Notices within two working days of rescuing a child. The Inspector under the Minimum Wages Act, 1948 or the Payment of Wages Act, 1936 is granted two weeks to deposit back wages. If not deposited within this period, recovery certificates will be issued, and back wages recovered as arrears of land revenue by the concerned Sub-Divisional Magistrate (SDM).
“In cases where the back wages for a particular bonded child labour are recovered, the same shall be disbursed to the said child or their parents/legal guardians within one week from such a recovery,” the court outlined.
The court acknowledged the urgency of the matter and directed concerned departments to ensure strict time-bound compliance with the issued directions. Additionally, the court commended the joint efforts of petitioners and respondents in formulating joint suggestions.