CHENNAI: Supreme Court Judge Justice K.G. Balakrishnan has mooted a legislation providing for punitive action against parents failing to send their children to school, thereby denying them the fundamental right to primary education.

Speaking at a workshop — Role of Judiciary in Constitution of Monitoring Committee, Prevention, Rehabilitation and Development of Victims Protection Protocol — here on Saturday, Justice Balakrishnan said it was the duty of authorities to ensure the enforcement of the fundamental right. "We should see to it that every parent sends his child to school." He said parental failure in this respect would mean prevalence of child labour-intensive industries in the region or the trafficking of children.

Explaining the diverse activities of the National Legal Services Authority (NALSA) for which he is the Executive Chairman, Justice Balakrishnan said increase in urban population, alcoholism, divided families and domestic violence were connected to the menace of child trafficking. He wanted judges and magistrates to be aware of the social and human problems involved while handling such cases.

Justice Balakrishnan also hoped that Tamil Nadu would follow the Andhra Pradesh model and appoint non-judicial, independent secretaries to district legal services fora.

Chief Justice of the Madras High Court Justice A.P. Shah said human trafficking was the third largest form of trans-national illegal trade, after arms and drugs. "Trafficking in persons is modern-day slavery, involving victims, who are forced, defrauded or coerced into labour or sexual exploitation." He added that "human trafficking is a multi-dimensional threat: it deprives people of their human rights and freedom, it is the global health risk, and it fuels the growth of organised crime."

He also said child trafficking was the worst of all forms of trafficking. "Rescue and rehabilitation is not the answer to the problem of trafficking. Prevention has to be done to save our children and young women."

Justice S.J. Mukhopadhaya described trafficking as a socio-economic problem, and said every year over 75,000 women and children fell victim to commercial sex exploitation. He said there was a correlation between trafficking and the spread of HIV/AIDS. He added that the recommendations of the workshop must be helpful for formulating guidelines and legislations.

Minister for Social Welfare Dr. Poongothai said trafficking in women, child sex abuse and child labour were a serious menace to society. "It is time we accepted and addressed these issues without being defensive about it — that it does not exist in our society."

Social Welfare Minister of Union Territory of Pondicherry P. Angalan said HIV/AIDS prevalence in Pondicherry came down from 5.8 per cent in 1999 to 3.22 per cent in 2005 due to regular surveys and intervention measures. The workshop was organised by the NALSA in collaboration with the State Legal Services Authorities of Tamil Nadu and Pondicherry and the Tamil Nadu State Judicial Academy.

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