While we believe in constitutional provisions to enforce the fundamental rights of children, we also advocate new laws and amendments to existing ones whenever gaps are found in legislation and governance.

Legal Intervention

BBA recognises that the legal system can play a critical role in the effective implementation of child protection laws and welfare measures. Our legal interventions are acknowledged in the drafting of child-centric laws and supplementary rules. Various legal strategies are developed to ensure easy access to justice, formation of child-centric policies and improvements in existing legislation. This is done by filing petitions, giving legal representations, liaisoning and networking with lawyers and activists within and outside courtrooms to advance legal rights.

Direct Intervention

Any child who needs protection, or who is in conflict with the law, is advocated by BBA through its empanelled lawyer. The All India Legal Aid Cell on Child Rights, in collaboration with the National and the Delhi State Legal Services Authority, was started by BBA to ensure access to justice to children for crimes committed against them. BBA manages the All India Legal Aid Services on Child Rights to provide legal assistance to children. So far, over 5,000 children have been provided legal representation.

Public Interest Litigation

Through legal intervention, BBA has invoked Article 32 to file public interest litigations aimed at protecting the welfare of children. This has led to significant policy changes to liberate children. In the last decade, the following PILs that BBA filed led to significant policy changes:

Supreme Court of India

Bachpan Bachao Andolan vs. Union of India and Others [WP (Crl) 75 of 2012]

A PIL on missing children filled by BBA led to the ordering of mandatory registration of FIRs. Besides, the court ordered that the State Commission for Protection of Child Rights (SCPCR) will monitor the standard operating procedure on missing children. The court also ordered the state commissions to use technology in the best interest of children.

Bachpan Bachao Andolan vs. Union of India and Others [WP (C) 51 of 2006] 2011 5 SCC 1,

The Supreme Court recognised trafficking as an organised crime and defined it in accordance with the Optional Protocol of the United Nations Convention Against Transnational Organised Crime (UNCTOC). The court also ordered a total ban on use of children in circuses.

Bachpan Bachao Andolan Vs. Union Of India and Ors Writ Petition (Civil) No. 906 of 2014

The Supreme Court directed the Union government to complete a national survey on substance abuse and formulate a comprehensive national plan.

Bachpan Bachao Andolan vs Union of India and Anr Writ Petition (Civil)/558/2019

In the PIL filed by BBA, the Supreme Court issued notice to the central government and the NCPCR following a BBA PIL seeking implementation of guidelines for safety of children in schools.

Society of Private Unaided Schools vs. Union of India and Bachpan Bachao Andolan (AIR 2012 SC 3445)

The apex court upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009.

High Courts

Save the Child Foundation vs Union of India [WP (Crl.) 2069/2005]

The court defined the roles and responsibilities of all government agencies, in relation to a complete ban on child labour and also directed 500 children to be rescued every month, that chargesheet should be filed within 45 days cases involving child labour and trafficking and the appropriate DLSAs should provide compensation to victims of trafficking.

Bachpan Bachao Andolan vs. Union of India and Others [WP (Crl) 82 of 2009]

Consequent to the BBA’s PIL, the Delhi government formulated the Delhi Private Placement Agencies (Regulation) Bill, 2012.

Bachpan Bachao Andolan Vs State of Bihar [CWJC No. 11819 of 2010]

The court ordered the Bihar government to implement policies on child labour and hold training camps for sensitisation of officers. The court also ordered the labour department to oversee effective implementation of the policies.

Bachpan Bachao Andolan Vs State of Jharkhand [WP (PIL) 139/2011]

In response to this PIL, the court directed the constitution of State Commission for Protection of Child Rights, State Child Protection Committees, CWCs, children’s homes, shelter homes, besides ordering the implementation of the Juvenile Justice (Care and Protection) Act.

Bachapan Bachao Andolan vs. State of Punjab and Others [WP (C) 7565/2010]

The court directed the Punjab government to formulate action plan and SOP for rescuing child labourers.

Bachpan Bachao Andolan vs. Union of India and Others. [W.P.(C) 466/2016]

Following this PIL, related to a POCSO case, the Delhi high court ordered release of part of the Victim Compensation Fund that would not be less than Rs 25 crore, to the District Legal Services Authority.

Policy

As India’s leading child rights organisation and a subject matter expert, we participate in the government’s law drafting process and provide consultancy in policy formation. From trainings, workshops, consultations and lectures at various platforms, to preparing learning material for manuals and stand operating procedures, we work to create the best and an all-encompassing learning and developing environment for child protection. We draft SOPs for governments to lay down the ideal code of conduct with on specific issues pertaining to child protection.
Formulation of Juvenile Justice
Formulated the 2016 Juvenile Justice (Care and Protection) Model Rules as part of the Women and Child Development Ministry’s core drafting panel.
Drafting of the Trafficking in Persons
In collaboration with the Women and Children Development Ministry, drafted the Trafficking in Persons (Prevention, Protection and Rehabilitation) Bill that was subsequently passed by the Cabinet.
Amendment of the Child Labour
Effected amendment to the 1986 Child Labour (Protection and Regulation) Act to include complete prohibition of child labour and regulation of adolescent labour for children between 14 and 18 years of age.
rafting of Standard Operating
Drafting of Standard Operating Procedure for Child Labour Free India, in collaboration with the Ministry of Labour and Employment.
Report Child Abuse