Mrs. Anjali Sharma, a resident of ‘Serene Gardens’ society in the city of Vidyanagar, found herself in a complicated situation. A 15-year-old girl, Priya, had been visiting her home to be a companion for her 4-year-old daughter. For administrative purposes, Priya was registered on the society’s ‘Secure Living’ mobile application as a “playmate.” After about two months, the society’s management committee raised an objection, flagging the arrangement as a potential case of child labour.

The situation became more complex when Priya’s family, citing her safety and future, requested that Mrs. Sharma allow Priya to live with her full-time. They believed this would provide a stable environment for Priya to continue her education. Mrs. Sharma was willing to take on this responsibility, sponsor Priya’s studies beyond her current 8th-grade education, and provide her with a safe home. However, the society had already formally requested that Mrs. Sharma remove Priya’s name from the ‘Secure Living’ app and cease the arrangement. Mrs. Sharma felt caught between the society’s rules and her desire to help Priya secure a better future, believing she had the right to support someone in her own home.

Advice in such cases

Navigating such a situation requires a careful understanding of the law to ensure your benevolent intentions do not lead to legal complications. The primary goal is to distinguish the arrangement from “employment” and frame it as “sponsorship” or “guardianship.”

• Document Everything: Create a formal, written agreement with the child’s parents or legal guardians. This document should explicitly state that the arrangement is for educational sponsorship and mentorship, not employment. It should detail the financial support for education, living expenses, and the absence of any work-related duties or fixed working hours.
• Prioritize Education: Immediately enroll the child in a nearby school. The enrollment records and fee receipts will serve as powerful evidence that the primary purpose of her stay is education, as mandated by the Right of Children to Free and Compulsory Education Act, 2009.
• Separate Living Quarters: If the child is living with you, ensure she has her own private space and is treated as a member of the family, not as a domestic helper.
• Inform the Authorities: To ensure full legal compliance and transparency, you can voluntarily inform the local Child Welfare Committee (CWC) about the arrangement. The CWC can provide guidance and even formalize the arrangement, which would protect you from future allegations.
• Communicate with the Society: Present your case to the society management committee with all the documentation, including the school admission and the agreement with the parents. Explain that this is a case of educational sponsorship, not employment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Understanding the relevant laws is crucial. The primary legislation governing this area is not the Bharatiya Nyaya Sanhita (BNS) unless there are elements of exploitation, but rather specialized acts.

• The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: This Act defines a “child” as a person below 14 years and an “adolescent” as a person between 14 and 18 years. While the Act prohibits the employment of children, it permits adolescents to work in non-hazardous occupations. Domestic work is not listed as a hazardous occupation, but the conditions and hours of work are strictly regulated to ensure it does not interfere with their education.
• The Juvenile Justice (Care and Protection of Children) Act, 2015: This is a key piece of legislation. It provides a framework for the care, protection, and rehabilitation of children. A child whose parents are unable to care for them may be considered a “child in need of care and protection.” The Child Welfare Committee (CWC) established under this Act is the competent authority to decide the child’s best interests, including placing them in a foster care or sponsorship arrangement.
• Right of Children to Free and Compulsory Education Act, 2009: This Act guarantees the right to education for all children between the ages of 6 and 14. Any arrangement that hinders a child’s education is illegal.

If you are the complainant

If you are a member of the society or the management committee and you suspect a case of child labour, your approach should be cautious and aimed at the child’s welfare.

• Gather Information: Observe the situation carefully. Note the hours the child is present, the nature of her activities, and whether she appears to be attending school.
• Raise the Issue Internally: First, bring the matter to the attention of the society’s management committee. The committee can then formally communicate with the resident to understand the nature of the arrangement.
• Report to Authorities: If the resident’s explanation is unsatisfactory or if you believe the child is being employed and deprived of education, you can report the matter to the local Labour Inspector, the Childline service (1098), or the Child Welfare Committee (CWC).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the person trying to help the child (like Mrs. Sharma) and are facing accusations from the society or others, it is important to act proactively to protect yourself and the child’s interests.

• Do Not Panic: Understand that the society is likely acting out of a sense of legal duty or concern. Your goal is to clarify your intentions and demonstrate your compliance with the law.
• Compile Your Documents: Gather all evidence that supports your claim of sponsorship. This includes the child’s birth certificate (to prove she is over 14), the written agreement with her parents, school admission forms, and fee receipts.
• Formal Response: Write a formal letter to the society management, explaining the situation in detail. Attach copies of your supporting documents and reiterate that the child is not an employee.
• Seek Legal Guidance: This is a situation where legal advice is paramount. An advocate can help you draft the sponsorship agreement, communicate with the society, and represent you before the CWC if necessary.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Typically, the police are not the first responders unless there is an allegation of a serious crime like trafficking, abuse, or illegal confinement under the BNS. If a complaint is made, their role is usually to conduct a preliminary inquiry. They will likely visit the residence, speak to the resident, the child, and the parents. Finding that the issue pertains to labour laws or child welfare, they will most often refer the case to the appropriate body, which is the Labour Department or the Child Welfare Committee (CWC). The police will only file an FIR if they find prima facie evidence of a cognizable criminal offense.

FAQs people normally have

What evidence is required?

To defend against an allegation of child labour and prove a genuine case of sponsorship, you will need:

• Proof of Age: The child’s birth certificate or school leaving certificate to show she is an “adolescent” (14 years or older).
• Sponsorship Agreement: A notarized agreement with the child’s parents clearly stating the purpose is education and welfare, not employment.
• Educational Records: Proof of school admission, attendance records, and receipts for fees and other educational expenses.
• Bank Statements: Evidence of financial support being provided for the child’s needs and education, rather than payment of a “salary.”
• Statements: Voluntary statements from the child and her parents confirming the nature of the arrangement.

How long will the investigation take?

The duration of an investigation can vary. If the matter is handled by the Child Welfare Committee, they are mandated to resolve cases in a timely manner, often within a few weeks to a few months. They will conduct interviews and review documents to determine the child’s best interest. If it becomes a formal inquiry under the Child Labour Act or involves police, the process can take longer, potentially several months, depending on the complexity and the cooperation of the parties involved.

Advocate Sudhir Rao, Supreme Court of India