U.U. Lalit JUDGMENT
1. We have heard learned Counsel for the parties. The prayer made in this writ petition is as follows:
"1. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to frame appropriate guidelines for the persons engaged in circuses;
2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to conduct simultaneous raids in all the circuses by CBI to liberate the children and to check the gross violation of all fundamental rights of the children;
3. Issue a writ of mandamus or any other appropriate writ order or direction to appoint special forces in the borders to ensure action and to check on the cross border trafficking;
4. Issue a writ of mandamus or any other writ order or direction applying the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 and make intra-state trafficking of young children, their bondage and forcible confinements, regular sexual harassments and abuses cognizable offences under the Indian Penal Code as well as Under Section 31 of the Juvenile Justice Act.
5. Issue a writ of mandamus or any other appropriate writ order or direction to empower child welfare committee under the Juvenile Justice (Care and Protection of Children) Act, 2000 to award compensation to all those victims rescued from the circuses with a time bound rehabilitation package and the State Government to create a fund for the same;
6. Issue a writ of mandamus or any other appropriate writ order or direction to lay out a clear set of guidelines prohibiting the employment/engagement of children up to the age of 18 years in any form in the circuses.
7. Any pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case."
2. The relief is essentially with regard to the exploitation of children in circuses in the form of child labour.
3. Pursuant to our order dated 12.12.2014, a meeting was convened by the Secretary, Ministry of Women and Child Development which was attended by the Secretary, Ministry of Labour as well as by a large number of officers from various States. The issue with regard to circuses was discussed and considered in that meeting along with other issues including those of human trafficking, child labour and issues pertaining to juvenile justice.
4. In our opinion, it is not necessary to mix up the other issues with the issue relating to circuses.
5. Having gone through the report prepared by the Ministry of Women and Child Development, we are of the opinion that it will be appropriate if the following directions are issued to the Central Government as well as to all the State Governments and Union Territories:
(i) There should be a constant monitoring of circuses, both static and mobile, to ensure that child labour is not used in these circuses. The monitoring should also ensure that the children are not exploited in any other manner;
(ii) In the event the law enforcement machinery is made aware of any instance of us........