Isabella Mariam

The High Court of Judicature at Patna Division Bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy has directed the State of Bihar to file a response to a public interest petition concerning the exploitation of children in orchestra and dance groups. The Bench allowed an interlocutory application seeking incorporation of an additional prayer in the main writ petition, ordering the State to consider urgent remedial measures. The Court mandated that the government respond to the petition with immediate attention and also instructed that prompt action be taken in cases where trafficking of minors is discovered within such performance groups.

The case was brought before the Patna High Court as a public interest litigation by two petitioner organizations: Just Rights For Children Alliance and Association For Voluntary Action. The petitioners were represented through their authorized representatives Ravi Kant and Dhananjay Tingal, respectively. These organizations approached the Court raising a grave concern about the systematic trafficking and exploitation of minor children, allegedly being conducted under the pretense of organizing orchestra, dance, and theatre performances in the State of Bihar.

Also Read: Supreme Court Restores Rejection Of Possession Claim Over 53 Acres In Raidurg | Title Based On Unregistered 1982 Agreement Is Legally Void And Possession Not Proved

According to the submissions presented before the Court, the petitioners argued that these performances, which ostensibly operate as cultural entertainment groups, are being misused to exploit children. It was contended that such groups serve as a front for trafficking operations, where children, especially girls, are subjected to severe forms of exploitation. The issue, they argued, not only undermines child welfare policies but also violates the constitutional and statutory protections afforded to minors.

The petition, filed under the Civil Writ Jurisdiction, included several prayers seeking intervention from the Court to protect vulnerable children from these unlawful activities. Among the original prayers, the petition sought directions for regulating these groups and initiating action against violators. However, during the course of proceedings, an Interlocutory Application (I.A. No. 01 of 2025) was filed seeking to add a further specific prayer.

This new prayer requested the Court to direct the State Government to prepare a comprehensive and multi-stakeholder strategy and Statewide Action Plan for the regulation, registration, and monitoring of all such orchestra/dance/theatre groups operating within Bihar. The petitioners stated the urgency and necessity of State intervention, arguing that without structured governmental oversight, children would continue to remain at risk of trafficking and abuse.

The respondents in this case included a range of governmental and statutory bodies responsible for law enforcement, child protection, and welfare. These included the Chief Secretary of Bihar, Principal Secretary of the Department of Home, Additional Chief Secretary and Secretary of the Social Welfare Department, Director General of Police, Superintendent of Police (Rohtas), Chairman of the Bihar State Commission for Protection of Child Rights (BSCPCR), Member Secretary of the Bihar State Legal Service Authority, and the Chairman-cum-Managing Director of the Women and Child Development Corporation (WCDC).

The Court, while dealing with I.A. No. 01 of 2025, made pointed observations regarding the nature of the petition and the gravity of the allegations.

The Bench noted: "Mr. Sanjay Singh, the learned Senior Advocate has appeared for the petitioner/Just Rights For Children Alliance and submits that in the garb of running orchestra/dance groups, minor children are subjected to trafficking and exploitation, which is impermissible and if allowed to be continued unchecked, would only lead to frustration of the very policy for protecting the children."

The Court acknowledged the legitimacy of the concerns raised and stated: "Though several prayers have been made in the writ petition, which is in public interest, the petitioner has chosen to seek further addition in the prayer vide I.A. No. 01 of 2025."

Regarding the specific relief sought through the interlocutory application, the Division Bench stated: "All that the petitioner wants is that the State be directed to formulate a comprehensive multi-stakeholder strategy/State wide Action Plan for the regulation, registration and monitoring of the orchestra/dance/theater groups."

After reviewing the nature of the application and the accompanying allegations, the Court recorded: "Considering the overall perspective of the circumstances under which this writ petition has been filed, we find such request to be genuine."

Consequently, the Court granted the application: "I.A. No. 01 of 2025 is allowed and such prayer is permitted to be incorporated in the body of the petition."

It further recorded its expectations regarding the State's response time and future course of action: "The State to respond to the petition by the next date with such immediacy as is required for this case."

Also Read: Orissa High Court Directs Grant-In-Aid For Unaided Girls Schools | State Cannot Discriminate Among Similarly Situated Institutions | Tribunal’s Order Upheld For Equitable Relief

Moreover, the Bench directed immediate action upon identification of any trafficking incidents: "It is also expected from the State to take immediate action in case any such trafficking is reported in any of the orchestra/dance/theater groups running in the State of Bihar."

The Court also took note of the role of the Women and Child Development Corporation (WCDC), directing a specific response from the concerned authority: "Mr. Vikash Kumar is further requested by this Court to inform respondent No. 9 also to file his written response by the next date."

The matter was listed for further hearing on July 25, 2025: "Re-notify on 25th of July, 2025."

Advocates Representing the Parties:

For the Petitioners: Mr. Sanjay Singh, Senior Advocate; Mr. Vatsal Verma, Advocate

For the Respondents: Mr. P.K. Shahi, Advocate General; Mr. Vikash Kumar, Assistant Counsel to Advocate General

Case Title: Just Rights For Children Alliance & Anr. v. State of Bihar & Ors.

Case Number: CWJC No. 9293 of 2025

Bench: Acting Chief Justice Ashutosh Kumar, Justice Partha Sarthy