Children Helping Their Parents In Selling Pens & Other Small Articles Doesn’t Amount To Child Labour: Kerala HC

The Kerala High Court has observed that the activity of the children in helping their parents in selling pens and other small articles would not amount to child labour.

The bench of Justice VG Arun made this observation while dealing with a case where two children were nabbed by police alleging that they were being forced to do child labour by selling articles on the streets.

The Court while directing to release the children to the custody of their parents observed that “I am at a loss to understand as to how the activity of the children in helping their parents in selling pens and other small articles would amount to child labour.”

As per the statement of Child Welfare Committee, while conducting a search operation, the police saw both children involved in selling pens and other articles in the Marine Drive area. As such activity amounted to child labour, the children were taken before the Child Welfare Committee.

Advocate Mrinuaal appeared for the petitioners whereas Advocate Harishankar appeared for the Respondent.

The Court noted that as per the principle of family responsibility, the primary responsibility of care, nurture and protection of the child is that of the biological family.

“Even as per the general principles to the followed in administration of the Juvenile Justice Act, the best interest principle require all decisions regarding children to be based on the primary consideration that they are in the best interest of the child and to help the child to develop to full potential. As per the principle of family responsibility, the primary responsibility of care, nurture and protection of the child is that of the biological family.”, the Court observed.

The Court emphasized that the holistic development of children cannot be attained by separating them from their biological family.

Therefore the Court directed to release the children to their parents.

Cause Title- Pappu Bawariya & Anr.v. District Collector Civil Station & Ors.

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