Telangana High Court held that when a Juvenile works voluntarily, section 75 and Section 79 of the Juvenile Justice Act, 2015 do not apply
Telangana High Court
In this case Telangana High Court that if a child itself wants to work then Section 75 and Section 79 of Juvenile Justice (Care and protection of children) Act, 2015 will not be applied. The case was Kothakonda Aishwarya V/S The state of Telangana (C.P. No. 9020 of 2022). The case was presided by Mr. Justice K. Surender.
Facts of the cases
- The volunteer in District Child Protection Unit, Medical District along with team were deployed for operation Muskan conducted search for rescuing children employed as labourers.
- In Everbest Foods Company. It was found that four girls of the age 17, one girl of 16 and another of age 14 years were working in the company.
- The police after investigation filed a chargesheet for the offences under Section 79 and 75 of the juvenile justice act, 2015 against the employer of the company, the petitioner of the case.
- The juveniles employed in this case testified that they were working there voluntarily due to financial working. They also had not faced any injury or assult.
Judgment
The Court after observing the facts and evidences and also after getting the testimony of the juveniles working under petitioner that they were working there voluntarily and not by any force it quashed the criminal proceedings against the petitioner. They said that the section 75 and 79 of the Act will not be applied on the children who are working voluntarily.
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JUDGEMENT REVIEWED BY NAMRATA SINGH