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Momentous Wins

Our unwavering efforts have led to historic judgments that have reshaped policies, fortified systems, and established enduring institutional frameworks. We have ensured law enforcement accountability, institutional transparency, and justice for those who need it most.

Supreme Court of India Tackles Bonded Labour and Inter-State Trafficking

On November 21, 2024, the Supreme Court directed the Centre to convene a meeting with all States and Union Territories to formulate a proposal addressing inter-state trafficking of bonded labourers, including minors. The proposal must include a simplified procedure to ensure the immediate disbursal of financial assistance for the rehabilitation of rescued individuals, preventing re-trafficking. The court further instructed the Centre to involve the National Human Rights Commission (NHRC) in finalising the procedure and directed the appointment of an Advocate General for the Union government.

The order came during a hearing on a 2022 petition seeking the enforcement of the Bonded Labour System (Abolition) Act, 1976, and fundamental rights protections. The petition highlighted systemic failures, including delays in financial aid for rescued labourers. A Just Rights for Children partner intervening in the case to ensure timely financial assistance and effective rehabilitation for rescued labourers, reported that from 2017 to March 2024, 11,057 children were rescued from bonded labour across 19 states, with Maharashtra, Haryana, Rajasthan, Bihar, Uttar Pradesh, and Delhi represented before the court.

 

Supreme Court’s Landmark Ruling to End Child Marriage

On October 18, 2024, the Supreme Court of India delivered a landmark judgment, issuing detailed directives that bolster efforts to eradicate child marriage, as the result of a petition filed by Just Rights for Children partner, Society for Enlightenment and Voluntary Action (SEVA) and activist Nirmal Gorana. The Court mandated a prevention, protection, and prosecution framework for enforcing child marriage laws, aligning with the PICKET strategy proposed by Bhuwan Ribhu in his book “When Children Have Children”.

 

Supreme Court Mandates School Safety Guidelines for All States and UTs

In a historic ruling on September 24, 2024, the Supreme Court of India directed all states and Union Territories to ensure the implementation of the Ministry of Education’s School Safety and Security Guidelines. Prompted by a petition from a JRC partner, this landmark decision compels schools to adopt critical measures, such as mandatory police verification for all staff, to protect children from exploitation and abuse. By integrating these guidelines with others, including  National Commission for Protection of Child Rights (NCPCR) and National Disaster Management Authority (NDMA) protocols, the ruling strengthens statutory child protection across private and government schools, benefiting over 26 crore children nationwide.

 

Supreme Court Strengthens Child Protection Under POCSO

In a landmark judgment on September 23, 2024, the Supreme Court of India redefined the legal framework for child protection by expanding the scope of the Protection of Children from Sexual Offenses (POCSO) Act. The Court ruled that downloading, storing, or viewing child sexual exploitative and abuse material (CSEAM) constitutes a criminal offense, removing the previous requirement to prove intent to transmit. Appealed by the JRC, the ruling also introduced critical terminology changes, replacing ‘child pornography’ with ‘child sexual exploitative and abuse material’ (CSEAM) and recommending that POCSO be amended accordingly. Additionally, the Court proposed the creation of a comprehensive health and sex education program, guided by an Expert Committee, to promote child protection and well-being.

 

Supreme Court Mandates Support Persons for Child Victims of Sexual Offenses

In a historic judgment on July 30, 2024, as a result of Public Interest Litigation (PIL) filed by a JRC partner, the Supreme Court directed all states to appoint Support Persons for child victims in POCSO cases, ensuring emotional, psychological, and legal support for over 2,39,000 pending cases and future ones. Under the National Commission for Protection of Child Rights (NCPCR) guidelines, Support Persons will help victims and their families navigate the legal process, safeguard well-being, and facilitate rehabilitation.

 

Rajasthan High Court Steps in to Prevent Child Marriages

In a landmark intervention, the Rajasthan High Court, responding to a PIL filed by the JRC, directed the state government to prevent child marriages during the Akshaya Tritiya[1] festival. Armed with a list of 54 planned child marriages, the Court acted swiftly, halting 46 within 36 hours and holding village leaders—panchs and sarpanchs—legally accountable for prevention. This transformative order not only saved countless children but also set a precedent, inspiring similar directives in seven other states.

 

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[1] Akshaya Tritiya, or Akha Teej, is one of the most auspicious days for marriage for Hindus and Jains because of its cultural and religious significance - including child marriage.

Few Other Key Policy Level Interventions

  • Scheme of Fast Track Special Courts received extension with 23.47 million USD allocation for the functioning of these Courts and 755 of them are functional across the country

  • Trafficking accepted as organised crime under the new 'Bhartiya Nyaya Sanhita, 2023'

  • A new scheme drafted, accepted, and notified by Government of India for victims of child sexual abuse to facilitate their immediate, emergency and non-emergency access to a range of services for long-term rehabilitation

  • All recommendations given to Parliamentary Standing Committee accepted on the National Policy on Child labour including zero tolerance in Government Supply Chain

  • Framework for periodical action against child trafficking as an organised crime designed by the Government of India.

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