New Delhi [India], December 2 : The Supreme Court on Tuesday ordered the immediate reinstatement of a Varanasi-based sweeper couple who were terminated from service by a contractor engaged by the Municipal Corporation, for exposing an alleged child-trafficking racket in the state.
The bench, led by Justice JB Pardiwala, directed the State of Uttar Pradesh to reinstate the couple to service by 12 pm (within 55 minutes of the time of hearing), warning that failure to comply would result in the suspension of the responsible authority.
The court took cognisance of the couple's plea, noting that their termination was "disheartening and shocking."
"What has been brought to us by the amicus is both disheartening and shocking. We were informed that Pinki and her husband were serving as sweepers with the Municipal Corporation through a contractor. After this Court took cognisance of their petition, they were terminated from service. We have made ourselves clear that the husband and wife should be reinstated immediately, failing which we will order suspension of the authority found to have terminated them," the bench stated.
The amicus curiae submitted a status report on the implementation of the court's earlier directions regarding child trafficking in India, highlighting that some states and high courts have yet to file their compliance reports.
"We take notice of the fact that some of the directions have been complied with. However, we should look into those which have not been complied with", the Court noted.
With regard to its direction concerning the admission of trafficked children into schools under the RTE Act, 2019, the Court observed that many of the trafficked children may not yet have attained the age of five years for school admission, and therefore directed that this issue may be examined at a later stage.
Further, the Court directed trial courts to pass compensation orders under the UP Rani Laxmi Bai Mahila scheme and ordered states to report on the implementation of its recommendations on child trafficking.
The Court also directed that wherever trials have concluded, and no compensation orders have yet been passed, the concerned courts shall proceed to issue such orders forthwith.
The Court also noted the Amicus's submission that no compliance information has been received from some States, despite notices to all States, and directed counsel appearing for the State to supply the requisite details.
The Court directed that all States must report whether they have initiated implementation of its recommendations issued on child trafficking. The Court also ordered that any State which has begun implementation shall place the relevant information on record.
Regarding its direction to collate data from all High Courts, the apex court noted that most High Courts have furnished the required data on child trafficking. The Court directed that the remaining High Courts must ensure full compliance with the earlier direction to collate and submit such data.
Additionally, the Court also directed that complete information relating to the circular mandating day-to-day trials in child-trafficking cases must be provided by the High Courts that have not yet submitted the full details. The Court emphasised that compliance must be prompt and comprehensive.