The Supreme Court of India has requested a response from the Central Government concerning a public interest litigation (PIL) that highlights the trafficking and sexual exploitation of children, particularly minor girls, through establishments like orchestras, dance bars, spas, and massage parlours. This PIL, titled Just Rights for Children Alliance v Union of India & Ors., was addressed by a bench that included Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi, who acknowledged the gravity of the issue.
CJI Surya Kant stated, “This is a serious issue. We will issue notice,” reflecting the court’s commitment to addressing the concerns raised in the petition. The case was brought forward by Just Rights for Children Alliance, a coalition representing over 270 civil society organizations dedicated to combating child trafficking and exploitation.
The petition documented that rescue operations undertaken between March 2025 and May 2026 resulted in the recovery of 212 minors from orchestras and dance groups, and 12 minors from spas and massage parlours across various states. It alleged that these establishments serve as fronts for organized crime syndicates engaged in the commercial sexual exploitation of minors, especially girls under eighteen.
Senior Advocate HS Phoolka, representing the petitioner organization, pointed out that minors were being employed in these establishments under the pretense of entertainment and employment. The plea urges the Union government to amend the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (CALPRA) to categorize such activities as hazardous, thereby barring the employment of minors in these sectors.
According to the petition, the current legal framework has loopholes that organized trafficking networks exploit. It argues that the exclusion of such establishments from CALPRA’s list of hazardous occupations allows trafficking networks to operate under the guise of entertainment and wellness services. The plea advocates for transferring activities like those of massage parlours and recreational centers from Part B to Part A of the Act’s Schedule, arguing that they inherently expose minors to trafficking and exploitation.
The petition also references the Supreme Court’s 2011 judgment in Bachpan Bachao Andolan v Union of India, which prohibited the employment of children in circuses due to their exploitative nature. It calls for the National Commission for Protection of Child Rights (NCPCR) to develop a standard operating procedure for the rescue and rehabilitation of minors found in such establishments.
The Court has issued notices to the Union Government, the Ministry of Labour and Employment, the Ministry of Law and Justice, the National Commission for Protection of Child Rights (NCPCR), and the National Human Rights Commission (NHRC), requesting their input on the matter.
