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Supreme Court Flags Legal Gap on Minor Employment in Orchestras, Spas and Dance Bars

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New Delhi, May 25: The Supreme Court has taken up a petition highlighting gaps in child labour laws that allegedly allow the employment of minors in entertainment and wellness establishments, raising concerns over exploitation and trafficking.

A Bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi, issued notices to the Union Government, the National Commission for Protection of Child Rights and the National Human Rights Commission, describing the matter as serious. The notice follows a public interest litigation filed by an NGO seeking prohibition on employing children, particularly minor girls, in sectors such as orchestras, dance bars, massage parlours and spas.

The petition challenges what it terms a “legislative omission” under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. It points out that these establishments are not currently classified as hazardous occupations under the law, creating what the plea describes as an enforcement gap.

According to the petition, this exclusion has enabled exploitative environments to operate under the cover of entertainment and service industries. It alleges that organised trafficking networks are using such establishments to recruit and exploit minors.

The plea seeks directions to include the employment or performance of individuals below 18 years in these sectors within the list of prohibited hazardous occupations. It also calls for the formulation of a standard operating procedure for the rescue and rehabilitation of children found in such conditions.

The petition further states that minors, especially girls, are often subjected to coercion, confinement and abuse after being lured with promises of employment or financial stability. It alleges that some are forced into performing explicit acts for commercial purposes, exposing them to severe physical and psychological harm.

Citing data from rescue operations conducted between March 2025 and May 2026 across states including Bihar, West Bengal, Rajasthan and Delhi, the plea claims that over 200 minors were rescued from orchestra groups, with additional recoveries from massage parlours and spas. The rescued individuals, aged between 10 and 18 years, were reportedly trafficked from multiple states and neighbouring regions.

The petition also highlights that children from economically vulnerable backgrounds are targeted through deceptive offers, after which they are transported across districts and states and subjected to exploitation.

The matter also finds parallel legal attention, with the Patna High Court having earlier issued notice to the Bihar government on a similar plea seeking a complete ban on the employment of minors in orchestra and dance groups.

The Supreme Court’s intervention places focus on the regulatory framework governing child labour and the need to address potential gaps that may expose minors to exploitation in unregulated sectors.

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