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:

Recent Interventions

With the pandemic casting a shadow on multiple issues directly linked to welfare and protection of children, Bachpan Bachao Andolan has taken upon itself the task of intervening in key issues to strengthen the safety net around vulnerable children.

Some of BBA’s key legal interventions between April 2020 and June 2021 include:


  1. Public Interest Litigation (PIL) filed in the Supreme Court for Alleged Rise in Child Trafficking

Data analysis of evidence gathered from Migrant Registration Portal, Rajasthan, and Quarantine Centres of Bihar, helped BBA file a PIL (Writ Petition No. 483/20) in the Supreme Court for prevention and protection of children from trafficking during the pandemic.

The bench directed:

  • National Disaster Management Authority (NDMA) to frame appropriate policy/ guidelines on prevention of trafficking of children and their rescue and rehabilitation in the wake of COVID-19. The PIL also sought a direction to the NDMA and the Centre to circulate the policy to Chief Secretaries of all states and Lieutenant Governors of all Union Territories for action and mandatory implementation.
  • NDMA was asked to preserve the data of migrant labourers from respective states on the National Migrant Information System (NMIS) portal and share the same after segregation with respective State Commission for Protection of Child Rights (SCPCR), Child Welfare Committee and Anti Human Trafficking Unit (AHTU) for rehabilitation and protection of trafficked children.


In response to BBA’s PIL, Ministry of Home Affairs (MHA) issued an advisory titled ‘Preventing and Combating Human Trafficking Especially During The Period of COVID-19 Pandemic’ on July 6, 2020 directing states to immediately evolve coordination mechanism among different departments concerned, step up awareness, organize community awareness programmes besides urging panchayats to main a register of people living in the village to keep track of their movement and directing states to ensure respective police departments step up specific intelligence and surveillance mechanism to combat trafficking. 



  1. Delhi High Court in a response to BBA’s petition regarding ensuring relief and protection against COVID-19 to thousands of rescued children who were trafficked for servitude and were placed in Child Care Institutions (CCIs), passed the following three directions:
  • Recording of statements of children under Section 164 of the Code of Criminal Procedure, 1973, to be done by the Magistrate visiting CCIs or through video conferencing.
  • Any process related to legal proceedings under Juvenile Justice Act and other statutes, police, CWC and others to be held via video conferencing and where necessary, by visiting the CCI.
  • COVID-19 sample of the child to be collected by health officers visiting CCI instead of the child being taken to health centre.


  1. In a case where BBA provided legal assistance to a child sexual abuse victim, a written submission was filed in Delhi High Court on victim compensation and method of disbursement of funds for POCSO victims.


In response to this, a landmark judgment was passed by the Delhi High Court, wherein the interim compensation granted to the male POCSO victim was enhanced from Rs 50,000 to Rs 6,00,000 thereby setting a precedent and benchmark for awarding interim compensation to POCSO male victims. (Mst X (through Mother & Natural Guardian) Vs. State & Ors).


  1. In the matter of Rakesh Malhotra Vs Government of National Capital Territory (GNCT) of Delhi, the Delhi High Court directed:
    1. GNCT to utilise the large workforce of Anganwadi workers to collect information of minor children who have lost one or both the parents and to share the information with concerned Child Welfare Committees (CWCs).
    2. CWC should take all measures as required under the Juvenile Justice (Care and Protection) Act, 2015, without waiting for any further court directions.
    3. Principal Secretary (Health) to issue appropriate direction to all the hospitals to collect information on the admission form with regard to minor children and the person, to whom he/ she or they may be handed over in case of their demise. The hospitals are required to furnish the details of orphan children to Department of Women & Child Development without any delay.
    4. Concerned department of GNCT to call and gather information from the Resident Welfare Associations (RWAs), schools, police stations, hospitals and revenue department with regard to orphan children.
    5. Directed the concerned Secretaries in the Department of Women and Child Development (DWCD) and social welfare departments to take guidance from BBA, whenever required. BBA offered to render possible assistance in the matter of implementation of provisions of the several schemes under the JJ Act, 2015.

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.


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