Supreme Court Issues Notice on PIL Against Employment of Minor Girls in Orchestras & Spas

Terming the employment of children, particularly minor girls, in orchestras, dance bars, massage parlours, nautanki performances and spas as a "very serious issue", the Supreme Court of India has issued notice to the Union Government, Ministry of Labour and Employment, Ministry of Law and Justice, National Commission for Protection of Child Rights (NCPCR) and National Human Rights Commission (NHRC) in the matter. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi issued notice on a Public Interest Litigation (PIL) filed by Just Rights for Children (JRC) challenging the legislative omission under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (CALPRA), which leaves these occupations outside the list of "hazardous occupations and processes" under Part A of the Schedule. Just Rights for Children is the country's largest network working on child protection and child rights, with more than 250 NGO partners across India.

The petition contended that this legislative gap has enabled organized trafficking networks to operate such establishments as fronts for the commercial sexual exploitation, forced labour and abuse of children below 18 years of age, particularly minor girls. The network sought the transfer of Massage parlours from Part B to Part A of the Schedule and inclusion of Orchestra, dance bars, dance troupes, spas and other similar establishments to be included in Part A of the Schedule under CALPRA to ensure an absolute prohibition on child labour in these sectors. Emphasising the gravity and scale of the issue, Rachna Tyagi, General Counsel of Just Rights for Children, said,

"Today marks a very significant day in India's child protection ecosystem. The employment of children in such establishments is not merely labour exploitation, but often a gateway to trafficking, sexual abuse and organized criminality. We hope this intervention by the Hon'ble Supreme Court will strengthen protections for vulnerable children and close the legislative gaps that continue to place them at immense risk and vulnerability."

The petitioner further urged the Apex Court to direct NCPCR to formulate a Standard Operating Procedure (SOP) for the rescue, rehabilitation and reintegration of children found working in such establishments. The PIL highlighted that the present "legislative vacuum" allows traffickers to disguise systematic exploitation as lawful employment, while leaving rescued children vulnerable to re-trafficking.

"It is appalling that since December 2025, 11 successive raids, including nine raids in orchestras and two raids in massage parlours, conducted by the Petitioner and its partners, have resulted in the rescue of 85 minors from orchestras and five minors from massage parlours, aggregating to 90 minors," the PIL stated.

The petition also noted that, in coordination with police authorities across Bihar, West Bengal, Rajasthan and Delhi, Just Rights for Children and its partners have rescued 212 minors from orchestras and 12 minors from massage parlours and spas between March 2025 and May 2026.