Kerala High Court Quashes Proceedings Against Industrial Licensee in Child Labour Case

Accusations under Juvenile Justice Act Sections 75 and 79 dismissed due to lack of evidence against petitioner Jissy S.

In a significant judgment, the Kerala High Court has quashed proceedings against Jissy S, the licensee of an industrial unit, in a case involving alleged child labor. The proceedings were initiated under Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which address cruelty towards children and exploitation through employment, respectively.

The case, stemming from a 2018 incident at 'Classic Rubbers,' a rubber band manufacturing unit in Sreekrishnapuram, involved accusations that minors were employed under unsafe conditions. The petitioner, Jissy S, was the licensee of the unit, but the court found that the minors were engaged by co-accused persons, Rajesh and another individual, not by Jissy S.

Justice C. Pratheep Kumar presided over the matter, focusing on whether the petitioner had any direct involvement or control over the minors. The court meticulously reviewed statements from child witnesses, which revealed that minors were engaged by accused 2 and 3 for labor, with some being brought by their parents or the co-accused. The children confirmed receiving wages for their work and did not report any harassment or bonded labor conditions directly involving Jissy S.

The court emphasized that for Section 75 offenses, there must be evidence of actual charge or control over the child, and for Section 79, proof of exploitation or bondage is necessary. Neither condition was met regarding Jissy S, as the children were not under her control nor exploited by her according to their statements.

Additionally, the court noted the importance of differentiating between the licensee's legal responsibilities and operational control, which were not linked in this case. The decision aligns with precedents set by the Supreme Court and previous Kerala High Court rulings, which require clear evidence of direct involvement in alleged offenses.

Ultimately, the court ruled in favor of the petitioner, quashing all proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a new statutory provision facilitating the dismissal of proceedings when allegations do not substantiate the charges.

The judgment underscores the judiciary's role in ensuring justice while preventing unwarranted legal actions against individuals without substantial evidence. It serves as a reminder that legal license holders must be distinguished from operational managers, especially in cases involving serious allegations like child exploitation.

Bottom Line:

Proceedings against the petitioner under Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, quashed as allegations do not make out the offences.

Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 75, 79; Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528

Jissy S v. State of Kerala, (Kerala) : Law Finder Doc Id # 2807177