SC asks states to reply on PIL seeking protection of migrant children's rights

The Supreme Court on Monday sought a response from all the states to a plea by Bengaluru-based NGO 'Child Rights Trust' for directions to protect fundamental rights, including of education, of migrant children against the backdrop of the Covid-19 pandemic.

A bench headed by Chief Justice S A Bobde and comprising Justices A S Bopanna and V Ramasubramanian issued notice to all states, seeking their response in two weeks.

The petition, filed through advocate Rukhsana Choudhury, contended that children of migrants remain invisible and were the most vulnerable, having been denied access to healthcare and proper nutrition due to unhygienic living and testing conditions.

“Migrant children affected due to Covid-19 are still working in brick kilns, stone crusher units, construction sites, rice mills, plantations and other sectors where children as young as 5 years lend a hand to help their parents earn their daily sustenance," the plea claimed.

During the hearing, the bench considered an application to implead all state governments as parties in the matter.

Senior advocate Jayna Kothari, representing the petitioner, asked the court to issue directions for sharing data on out-of-school migrant children and a plan to provide them temporary education.

Additional Solicitor General Aishwarya Bhati, representing the Centre, submitted that the petition has come up after notice, and now the petitioners have led an application to implead the state governments.

Bhati said the application may be allowed, as many schemes are centrally funded but executed by the state governments. Bhati submitted that she will an affidavit in the matter will be submitted within two weeks.