Delhi High Court: In a petition filed by the Petitioner, Bachpan Bachao Andolan, which is a Non-Governmental Organization, highlighting the plight of children working in factories that are illegally housed in extremely small units stuffed with inflammable materials, due to a recent fire accident wherein a massive fire ripped through a building in Anaj Mandi, Sadar Bazar, which resulted in the death of 43 persons, including 12 children between the age group of 12 to 18 years, Satish Chandra Sharma, CJ. And Subramonium Prasad, JJ., directed to form a committee, under the supervision of the Chief Secretary of Delhi, the Deputy Commissioner of Police of each District in coordination with the Department of Labour, Government of NCT of Delhi, Women and Child Welfare Department, Government of NCT of Delhi and the Municipal Corporation of Delhi in each district to inspect the premises where units employing child labour are being run and file the Status Report regarding the action taken by the Committee before the next date of hearing.
The instant petition was filed seeking directions to the State to inquire into the illegal factories at Anaz Mandi, Sadar Bazar, so that persons who are running these factories can be booked under the concerned legislation. Directions have also been sought to protect and rehabilitate the children who are working in these units. The Petitioner also prayed for action on the pending complaints relating to the rescue of children illegally labouring at 183 locations as mentioned in the petition.
As per the status report filed, a massive fire broke out resulting in the death of women and children due to asphyxia as a result of inhalation of smoke and other irrespirable gases as well as severe burn injuries. It was also revealed that the entire activities being carried out in the building were completely illegal and out of their extreme greed all the accused persons had failed to follow the regulations in maintaining the premises which resulted in such huge fatalities.
It was also found that the building had two staircases, out of which one staircase was completely blocked and the other staircase was also not clear for movement as well as the building was neither properly ventilated nor compartmented and did not have any fire safety arrangements, and the occupants of the building could not escape by themselves as the area near the staircase was engulfed in fire and dense smoke filled the rooms completely.
The counter affidavit reveals that steps were being taken to find out about the dependents of the deceased, who are labourers and primarily migrants from Bihar, for disbursement of compensation. However, the petitioner stated that many such units are still operational in the Anaj Mandi, Sadar Bazar and Nabi Karim area.
Based on the findings by the petitioner NGO, 183 locations have been identified where children are working, thus, the Court directed the Government to search the locations, investigate and file a Status Report on the action taken by them before the next date of hearing.
The Court further held that under the supervision of Chief Secretary of Delhi, the Deputy Commissioner of Police of each District in coordination with the Department of Labour, Government of NCT of Delhi, Women and Child Welfare Department, Government of NCT of Delhi and the Municipal Corporation of Delhi are directed to form a Committee in each district to inspect the premises where units employing child labour are being run and a Status Report regarding the action taken by the Committee be filed before the next date of hearing.
[Bachpan Bachao Andolan v GNCTD, W.P.(C) 13119 of 2019, decided on 11-01-2023]
Advocates who appeared in this case :
Ms. Prabhsahay Kaur, Ms. Rachna Tyagi, Ms. Bindita Chaturvedi, Advocates;
Mr. Satyakam, ASC for GNCTD with Ms. Pallavii Singh, Advocate for R-1 & R-2;
Mr. Chetan Sharma, ASG with Mr.Anurag Ahluwalia;
Mr. Amit Gupta, Advocates Mr. Abhinav Mukerji, Mr. Akshay C. Shrivastava, Advocates.
*Arunima Bose, Editorial Assistant has reported this brief.