SC issues notice on child labour in orchestras, spas and dance bars
Synopsis
Key Takeaways
The Supreme Court on Monday, 25 May issued notice to the Centre, the National Commission for Protection of Child Rights (NCPCR) and the National Human Rights Commission (NHRC) on a public interest litigation seeking a ban on the employment of children — particularly minor girls — in orchestras, dance bars, massage parlours, spas and similar establishments. The bench termed the matter 'very serious'.
What the Court Said
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi issued notice to the Union Government, the Ministry of Labour and Employment, the Ministry of Law and Justice, the NCPCR and the NHRC. The PIL was filed by an NGO working to combat child trafficking, sexual exploitation and child marriage across India.
The Legislative Gap at the Heart of the Petition
The petition challenges what it calls a 'legislative omission' under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (CALPRA). Under the law's Schedule, Part A lists hazardous occupations where child labour is prohibited — but orchestras, dance bars, dance troupes, nautanki performances, massage parlours, spas and salons are not included in that list.
According to the petition, this exclusion has created an 'enforcement vacuum', which organised trafficking networks and exploitative establishments have allegedly exploited under the guise of entertainment and wellness services. The PIL seeks a direction to the Centre to add all such occupations to the prohibited hazardous list for children below 18 years.
Scale of Exploitation: Rescue Data
The petition cited rescue operations conducted between March 2025 and May 2026 across Bihar, West Bengal, Rajasthan and Delhi, during which 212 minors were rescued from orchestras and 12 minors from massage parlours and spas. The rescued children were aged between 10 and 18 years and were allegedly trafficked from states including West Bengal, Jharkhand, Uttar Pradesh, Assam and Chhattisgarh, as well as from Nepal.
The plea alleged that minors — especially girls from impoverished and marginalised communities — are lured through false promises of employment, marriage or financial upliftment before being trafficked across districts and states and subjected to abuse, forced labour and sexual exploitation.
What the PIL Demands
Beyond the classification of these occupations as hazardous, the petition also sought directions for the formulation of a Standard Operating Procedure (SOP) for the rescue and rehabilitation of children found in such establishments. It alleged that children are compelled to perform sexually explicit acts for commercial gain, exposing them to grave physical, psychological and sexual harm.
Patna High Court Had Already Flagged the Issue
This is not the first judicial intervention on the matter. The Patna High Court had earlier taken cognisance of a similar plea and issued notice to the Bihar government seeking a complete prohibition on the employment of minors in orchestra and dance groups. The Supreme Court's notice now elevates the issue to the national level, signalling that a uniform legislative response may be warranted. The matter is expected to be heard further after responses are received from the notified authorities.