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The Supreme Court Bench comprising Chief Justice SA Bobde, Justice AS Bopanna & Justice V Ramasubramanian has directed the States to file a reply stating the number & condition of migrant children in their state in a plea seeking enforcement of Fundamental Rights of migrant children & children of migrant families during the CoVID 19 pandemic. 

“All the States may file a reply and state the number of Migrant children who are in their States, and the condition of the Children in their States.”, CJI directs.

Sr Adv Jayna Kothari appeared for the petitioner submitted that the State of Tamil Nadu had submitted the reply.

In the present matter, the Bench was hearing a PIL filed by an NGO in Bangalore Child Rights Trust through Adv Rukhsana Chaudhary seeking implementation of fundamental rights guaranteed under Art 14, 15, 19, 21, 21A, 39 and 47 of the Constitution of India, 1950 of migrant children & children of migrant families against the backdrop of CoVID 19 pandemic.

“Migrant children affected due to Covid-19 are still working in brick kilns, stone crusher units, construction sites, rice mills, plantations and other sectors where children as young as 5 years lend a hand to help their parents earn their daily sustenance”, the plea stated

The petition sought to ensure provision of proper living condition, nutrition, health care/immunization, access to education & their protection & also highlighted the lack of present day assessment of the number & essential needs of migrant children, infants & pregnant & lactating women of migrant families which aggravated their vulnerabilities during the lockdown.

The petitioner in the petition sought for issuance of an appropriate writ, order or direction in the nature of mandamus to direct the respondents to: 

• Map, enumerate & register the number of infants & children of migrant families with the help of local authorities at the panchayat & ward offices through front line workers such as the Asha, ANMs, Anganwadi workers including the services of primary school teachers & SC/ST/ BCM rune hostel superintendents 
• Set up Children’s Assistance centre in all major areas of concentration of migrant labour household that would facilitate migrant families to get information & assistance about the basic needs relating to health care, food security, education for children 
• Anganwadi Centres in villages to extend their services to all migrant children & household & to provide mid day meals & rations free of cost of migrant children at their homes
• Provide basic food & nutrition to migrant children of migrant workers through the ICDS Scheme, targeted public distribution system & other welfare schemes covered under the National Food Security Act, 2013 for children in the ages of 0-6 years & 6-14 years 
• Report on the provision of health services of immunization, health check ups, primary health care services to children of migrant workers as also pregnant & lactating mothers through ICDS & other schemes including the Primary Health Centres both at their place of migration & source villages & schemes under the National Health Mission 
• Give data on the out of school migrant children from all the States & to provide an action plan on providing a temporary education plan for migrant children & an action plan on how migrant children will be brought back to schools when school starts;
• All Local Government including Gram Panchayats, & municipalities to conduct special Grama Sabhas or meetings at ward level & panchayat/municipality level to listen to children about their grievances & take immediate action with respect to their life, health, protection, development & participation; 
• To involve VCPCs/Women & Children Protection Committees & Urban Child Protection in tandem with the school authorities & District Child Protection Units to prevent children entering the labour market (animal husbandry, agriculture)
• Submit an action plan on the prevention of child marriages during this period 
• Direct Child Welfare Committees, State Commission for Protection of Child Rights, State Legal Services Authority & District Legal Services Authority, aid agencies & specialists NGOs working with migrant worker families & children to ensure all precautionary measures are put in place to protect children who are in transit & at the worksites from abuse & exploitation 
• Constitute a task force including representatives of Government Departments, non governmental & community organizations working on child rights, human rights & gender to monitor the protection rights of the children of the migrant workers across sectors

On the last date of hearing i.e. on March 8, 2021 the Bench while allowing the application for impleadment issued notice to the newly added party respondents which were returnable within two weeks. It also granted the petitioner’s prayer of serving the Standing Counsel of the States/UTs & Ld ASG, Ms. Aishwarya Bhati’s prayer of granting her time to file the reply. 

The Bench comprising Chief Justice SA Bobde, Justice AS Bopanna & Justice V Ramasubramanian on August 5,2020 issued notice.  

Case Title: The Child Rights Trust And Anr. v. Union Of India And Ors.| WP(C) 737/2020