NATIONAL LEGAL RESEARCH DESK
Directing the matter to be listed on 19th July, 2011, the Court HELD: 1.1 From the comprehensive submissions made on behalf of the respondents, it is abundantly clear that the Government of India is fully aware about the problems of children working in various places, particularly, in circuses. It may be pertinent to mention that the Right of children to free and compulsory education has been made a fundamental right under Article 21A of the Constitution. Now every child of the age of 6 to 14 years has right to have free education in neighbourhood school. [para 67] [395-G-H] 1.2 The submissions of the Solicitor General of India are accepted. Each State must issue a circular within four weeks effectively indicating how the recommendations will be implemented. [para 66] [395-D-F] 2.1 This Court plans to deal with the problem of children’s exploitation systematically. In this order the directions are limited to regarding children working in the Indian Circuses. Consequently, it is directed:
(i) In order to implement the fundamental right of the children under Article 21A, it is imperative that the Central Government must issue suitable notifications prohibiting the employment of children in circuses within two months;
(ii) The respondents are directed to conduct simultaneous raids in all the circuses to liberate the children and check the violation of fundamental rights of the children. The rescued children be kept in the Care and Protective Homes till they attain the age of 18 years;
(iii) The respondents are also directed to talk to the parents of the children and in case they are willing to take their children back to their homes, they may be directed to do so after proper verification;
(iv) The respondents are directed to frame proper scheme of rehabilitation of rescued children from circuses;
(v) The Secretary of Ministry of Human Resources Development, Department of Women and Child Development to file a comprehensive affidavit of compliance within ten weeks.