“Serious Issue”: Supreme Court Examines Plea Against Child Employment In Entertainment Establishments

In Justice Rights for Children Alliance v. Union of India, the Supreme Court on Monday termed as a “serious issue” a plea seeking a complete ban on child employment in dance bars, spas, massage parlours and similar establishments where children are allegedly exposed to exploitation and abuse.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi issued notice to the Union Government on the public interest litigation filed by Just Rights for Children Alliance.

The petition urged the Centre to use its powers under Section 4 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, to widen the list of occupations where child employment is entirely prohibited. Senior Advocate H. S. Phoolka appeared for the petitioner during the hearing.

The plea seeks inclusion of employment or performances involving children below 18 years in orchestras, dance bars, dance troupes, nautanki shows, massage parlours, spas, salons and related establishments in Part A of the Schedule under the Act. This would result in a total prohibition of child labour in these sectors.

At present, some of these establishments fall under Part B of the Schedule, where child labour is regulated instead of completely banned. The petitioner requested the Court to shift Entry 52, covering massage parlours, gymnasiums, recreational centres and medical facilities, from Part B to Part A.

According to the petition, the existing legal framework leaves significant loopholes that permit the employment of children in places where there is a high possibility of trafficking, sexual exploitation and abuse. The plea argued that stricter legal protection is necessary to prevent such exploitation.

The petitioner also sought directions to the National Commission for Protection of Child Rights to formulate a standard operating procedure for rescuing and rehabilitating children found working in such establishments, including those functioning under the cover of entertainment activities.

Advocate Sonali Jain filed the petition on behalf of the organisation. The Supreme Court has now sought the Centre’s response on the issues raised in the PIL.