TELANGANA HIGH COURT: IF CHILD WORKS VOLUNTARILY THEN SECTIONS 75 & 79 OF JUVENILE JUSTICE ACT DO NOT APPLY

The Telangana High Court in the case Kothakonda Aishwarya v. The State of Telangana, rep. by its Public Prosecutorm, the bench headed by Justice K. Surender observed and has held that where a juvenile who works voluntarily, Section 75 and Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015 do not apply. It has been provided under section 75 for punishment, if any person who is having control of child, assaults, abandons, abuses or willfully neglects the child. Thus, section 79 deals with the punishment for exploitation of a child employee. Therefore, it prescribes punishment for acts of ostensibly engaging a child and keeping him in bondage for the purpose of employment or withholding the child earnings or using such earnings for one’s own purposes. Facts of the Case: The volunteer in District Child Protection Unit, Medchal District along with team deployed for operation Muskan conducted a search for rescuing children employed as labourers. It was found in the Everbest Foods Company that four girls of the age 17, one girl of 16 and another of age 14 years were working in the company. A charge sheet was filed by the police after investigation for the offences under Section 75 and Section 79 of the Juvenile Justice (the Care and Protection of Children) Act, 2015 against the employer of the company, Petitioner or Accused herein. However, the criminal petition was being filed to quash the proceedings on the file of Metropolitan Magistrate for the offences under Sections 75 and 79 of the Act. In the present case, the court observed from the record of the case that the juveniles who were employed had testified that they were working due to financial problems. However, the said witness did not speak about any assault by the accused or abandoning or any kind of physical or mental suffering. Accordingly, the court quashed the proceedings against the petitioner/Accused under Sections 75 and 79 of the Juvenile Justice Act, 2015. The court allowed the Criminal Petition.