“Who is serving this undercover operation? Did you asked the kids or the parents of the kids if they wanted to be rescued?”

This is perhaps also not the right question to ask. A child working in a situation such as the biscuit factory, for less than minimum wages, is a victim of trafficking and one or several of the following crimes including wrongful confinement, Kidnapping through enticement, abduction through deceit, unlawful compulsory labour, amongst many others including physical and sexual assault.

I am making the assumption that children are working for less than minimum wages as noone employs a child in a factory if they pay minimum wages, and thus is in a situation of forced/ compulsory labour as well.

With all due respect to MV Foundation and their sustained efforts for elimination of child labour, I am sure, the photos and this research by you would have resulted in some action, even if it is a complaint.

One of the biggest problems faced by child rights activists in India has been the lack of action by law enforcement agencies on such a complaint. To give an example, when domestic child labour was prohibited in India in Oct. 2006, in the first yr., the Govt. did 227,727 inspections of premises employing child labour, found 1680 violations, and prosecuted 800 odd employers.

Similarly, in the state of Punjab, not even one prosecution was launched for trafficking child labour (in strict criminal statutes), between 2006- 2010.

BBA approached the High Court of Delhi demanding comprehensive legal action against employers in 2005 understanding that the legal deterrent is the only way forward to protect children and eliminate child labour. Through various High Court directions, BBA has been able to:

1. Ensure prosecutions under non bailable section in all cases of child labour rescue. This will result in employer going to jail as a certainty and create a legal deterrent.

2. Ensure a fine of 20,000 Rs. is levied on the employer, immediately to provide economic compensation and rehabilitation to the child.

3. Ensure a process of safe recovery and reunification, along with Govt. assistance to families to prevent re- trafficking.

More than 500 employers/ traffickers have ended up in prison in 2011, more than 10 million Rs. has been recovered from employers as fines, something that was unthinkable just 3 years ago.

In Punjab, after BBA’s intervention in 2010, 1900 odd children have been rescued, fines recovered, prosecutions launched in all 1900 odd cases (as opposed to none between 2006 – 2010, 5 yrs.)

Just yesterday, the High Court has once again directed the Govt. to Seal the premises where child labourers are found till such time that they give fines and all due back wages to the child. Also, the Govt. is making a new law to regulate placement agencies to prevent trafficking of girls.

Just a couple of weeks ago the Union minister had announced that there will be a total ban on child labour in India through a “Child Labour Abolition Act” in the Child Labour Free Campaign of BBA.

The point is that it is possible to eliminate child labour comprehensively if all concerned agencies undertake their respective roles and responsibilities, if laws are properly enforced, if civil society works collectively to protect our children.

The philosophical question is – are we ready to face this responsibility, this challenge ?