FRAME SCHEME TO IDENTIFY CHILDREN SELLING GOODS

FRAME SCHEME TO IDENTIFY CHILDREN SELLING GOODS

Facts—

While hearing a PIL petition by Letzkit Foundation, Karnataka High Court directed the State government to come out with a scheme to identify children, who are found selling products like toys, flowers etc., or begging, to ensure that benefits of the Juvenile Justice (Care and Protection of Children) Act, 2015 could be extended to them.

Issue—

• Petition pertains to the right to lead a dignified life conferred on children by Article 21 of the Constitution and the question whether they are deprived of the fundamental right to education under Article 21A of the Constitution if the circumstances forced their parents to deploy them for selling products or begging.

• Data of children on the streets are required to be collected to ensure that they are protected under the provisions of the Act.

• High Court also asked the government and the Bruhat Bangalore Mahanagara Palike to conduct the survey of such children in the city by taking assistance of any social organization working in this field, after placing the scheme to conduct the survey before the court for its consideration.

Constitutional Provisions—

• Article 21—Right to life and personal liberty

• Article 21A— Right to education

• Article 45— this article mandate the state shall dispense to provide within a period of ten years from the inception of this Constitution for free and compulsory education for all children of this country until they complete the age of 14 years.

• Article 46— Talks about the special care for the furtherance of education and economic interests of the Scheduled Tribes, Scheduled Caste, OBC and the weaker sections of society.

Judicial Decisions—

Mohini Jain v. State of Karnataka, The right to education moves directly from the right to life. The right to life provided under Article 21 and the dignity of an individual life is not being achieved unless it is tossed and coupled with the right to education.

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