JUDGEMENT
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(1.) This petition has been filed in public interest under
Article 32 of the Constitution in the wake of serious
violations and abuse of children who are forcefully detained
in circuses, in many instances, without any access to their
families under extreme inhuman conditions. There are
instances of sexual abuse on a daily basis, physical abuse
as well as emotional abuse. The children are deprived of
basic human needs of food and water.
(2.) It is stated in the petition that the petitioner has filed
this petition following a series of incidents where the
petitioner came in contact with many children who were
trafficked into performing in circuses. The petitioner found
that circus is one of the ancient forms of indigenous
entertainment in the world, with humans having a major
role to play. However, the activities that are undertaken in
these circuses deprive the artists especially children of their
basic fundamental rights. Most of them are trafficked from
some poverty-stricken areas of Nepal as well as from
backward districts of India. The outside world has no
meaning for them. There is no life beyond the circus
campus. Once they enter into the circuses, they are
confined to the circus arena, with no freedom of mobility
and choice. They are entrapped into the world of circuses
for the rest of their lives, leading a vagrant tunnelled
existence away from the hub of society, which is tiresome,
claustrophobic and dependent on vicissitudes.
(3.) It is submitted that the petitioner is engaged in a social
movement for the emancipation of children in exploitative
labour, bondage and servitude. Bachpan Bachao Andolan
has been able to liberate thousands of children with the
help of the judiciary and the executive as well as through
persuasion, social mobilization and education.;
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