Child labour amid COVID-19 pandemic prompts Madras HC to take serious note of malpractices in E-Pass procurement

After adolescent, school-going children were recently found working in a textile company, the Madras High Court has raised serious concerns about malpractices involved in the issuance of e-passes for movement amid the COVID-19 pandemic (CM Sivababu v. State of Tamil Nadu and ors). ."... throughout the State, there are allegations that there are brokers available for getting e-passes (when) persons who apply through due process are unable to get, and the rate ranges from Rs.500 to Rs.2000. Media has widely reported about the instances of getting e-passes by payment to authorities. This aspect has to be looked into seriously by the Government", the Court said..The Bench of Justices N Kirubakaran and VM Velumani was dealing with a habeas corpus plea involving six teenage girls aged between 13 and 15 years of age, who were also found working in the yarn spinning company. .In a raid conducted earlier, it was discovered that 133 of the 331 workers employed at the Tiruppur company were adolescents aged between 14 and 18 years, brought from various Districts, especially from Tiruvannamalai..The Court took note of submissions that most of the adolescent children were brought in during the pandemic period and that proper e-passes were not obtained for their inter-district movement. Further, it was stated that no COVID-19 test was conducted for the children, nor was any fitness certificate produced in respect of these children at the time of inspection. ."It is not known as to how without proper e-passes, it has been possible to bring the children from one District to another District. It only implies that if money is paid, the authorities would bend and flout the Rules and without e-passes, people are traveling by bribing the authorities", the Court observed. .In this backdrop, the Bench went on to take critcal note that, "This is a classic case, which would demonstrate as to how corrupt Government servants utilize any situation to make illegal gain."."For the past few months, people are unable to do their work or travel from one place to another for various purposes and they are put to untold misery. Though the Government is not responsible for the present position, but some of the corrupt officials, who are involved in issuing e-passes are bent upon making booty even in this worst scenario. It is very shocking to know about such incidents and also about cut throat corrupt officials in the system. They are like cruel blood thirsty wolves and they should be dealt with iron hand", the Court said..The Court has now directed the textile company to explain how they were able to bring the children to work at their premises without getting proper e-passes for the inter-district travel..This apart, the Court also took note of the large issue of continuing instances of child labour in Tamil Nadu, observing that the present case is only the "tip of the iceberg.".In this regard, the Bench commented that hundreds of such companies are located in Tiruppur, Coimbatore and Erode Districts where it is said that child labour is rampant and the living conditions in which the children are made to work are not appreciable.."It is really pathetic to hear the stories of children who, for the sake of their family, have come to work even without going to school. Parents should take care of their children and owing to their helplessness, they cannot send their children to work when the Government is providing education free of cost and also, free food apart from scholarships. Parents should make utmost use of the incentives and facilities provided by the Government instead of sending their wards to work at such a tender age depriving them of their right to education and a bright future", the Court added..While the company in the present case is stated to have assured the children that their education would also be taken care of if they work for the company, the Court was not convinced. ."On verification, though the children would state that they are being educated, it is not known as to how they can be educated while working. The statement of the children only goes to show that they have been tutored to speak in such a manner before this Court", the Bench opined. .The Court added that the Police Authorities, Labour Department and Child Welfare Committees of these Districts should be vigilant and conduct raids regularly to eradicate child labour. ."Unless, the authorities are vigilant and cautious, this kind of problem cannot be prevented. In any event, this is a social menace affecting the entire society and this issue also has to be addressed simultaneously", the Court said..As for the instant case, the police informed the Court that an FIR has been registered against the Managing Director and the General Manager of the company. The Court clarified that the six children named in the plea can be handed over to their parents through the Child Welfare Committee. .The matter has been adjourned to be taken up next on August 20. Apart from the company's affidavit on the aspect of e-pass procurement, the Court has also called for affidavits from various district and labour authorities who are respondents in the matter.