Evolve system so no contractor employs child labour, says Supreme Court

The Supreme Court on Monday said it is essential to evolve a system where no contractor is allowed to employ child labour, and this clause should be made part of the contractual engagement.

A bench comprising Chief Justice SA Bobde and Justices AS Bopanna and Hrishikesh Roy sought reply from Centre and all state governments in connection with the sudden spike in the number of child trafficking cases during the lockdown.

The bench suggested that contractors must be registered, and their employees have to be sought to ensure no child labour was being employed.

"Only policing won't do. We are the ones who provide them a market since child labour is cheap. We will have to start with contractors...," observed the bench. The court issued notice and fixed the matter for further hearing after two weeks.

The response from the apex court came on a PIL filed by NGO Bachpan Bachao Andolan founded by Kailash Satyarthi, who in 2014, was awarded the Nobel Peace Prize for the "struggle against the suppression of children and young people and for the right of all children to education".

Senior advocate HS Phoolka, representing the NGO, said the apex court suggested that the government should blacklist those contractors who were found employing child labour.

"I informed the top court that most of the child labour had gone back, due to the Covid-19 pandemic, and I urged the court that steps should be taken that they are not brought back," said Phoolka.

The top court also asked Phoolka to find out ways so that children are not exploited, and some concrete steps should be taken in this direction. "We wanted you to do some homework on it," said the bench to Phoolka, who cited before the court that many cases of girl child being sold have been noticed.

The bench queried Phoolka and Centre's counsel "Can every contractor who does private work also be registered somewhere?...This issue exists because there is a market for engaging child labour."

The bench asked Solicitor General Tushar Mehta to suggest measures to curb this menace. The Chief Justice noted: "Yes we are aware. Trafficking being done for prostitution and for child labour."

Mehta contended before the court that he will engage with Phoolka on the matter and collate suggestions. Phoolka contended before the court that a proactive approach needs to be adopted by all district child welfare committees, especially in the vulnerable districts.

The bench suggested that it can also set up an experts committee on the matter.