Patna High Court has taken serious note of the of a grave issue, trafficking and sexual exploitation of minor girls under the guise of orchestra and dance groups in Bihar.
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BIHAR: An important development that underscores the urgency of safeguarding children’s rights, the Patna High Court has taken strong cognizance of a grave issue, trafficking and sexual exploitation of minor girls under the guise of orchestra and dance groups in Bihar.
This public interest litigation (PIL), filed by Just Rights For Children Alliance and Association for Voluntary Action (AVA), highlights a deeply distressing trend, i.e., orchestra and dance groups operating in rural and semi-urban areas have allegedly become fronts for organized trafficking and exploitation of young girls.
In recent years, Bihar has witnessed a rise in orchestra party performances, particularly in rural and semi-urban areas. While these performances are portrayed as harmless local entertainment, several media and civil society reports revealed that:
- Minor girls were being lured, trafficked, and forced into exploitative performances.
- Orchestra groups were unregulated, and used as a front for sexual exploitation and trafficking.
- There was no licensing, registration, or monitoring mechanism by the state authorities to oversee these groups.
The persistent abuse and the apparent inaction of concerned institutions prompted action. Two well-known non-governmental organizations, Just Rights for Children Alliance and the Association for Voluntary Action (AVA), approached the Patna High Court. They filed a Public Interest Litigation.
Their objective was to seek urgent judicial intervention to curb the ongoing exploitation of minor girls under the guise of orchestra performances and to compel the Bihar Government to implement immediate and comprehensive measures to address the issue effectively.
During the hearing on June 27, 2025, the petitioners’ counsel Mr. Sanjay Singh presented detailed concerns about how such unregulated entertainment troupes serve as a conduit for child exploitation and urged the Court to intervene urgently.
The Court accepted the seriousness of the matter and allowed the petitioners’ request for an expanded prayer. It also emphasized the State’s duty to act immediately in any case of reported trafficking, while ordering the formulation of a multi-stakeholder strategy for regulation.
Key directions of the court:
- Allowed the amendment of the petition to include a comprehensive State-wide Action Plan.
- Directed the State Government to formulate a multi-stakeholder regulation, registration, and monitoring system for such groups.
- Ordered immediate response and preventive action by state agencies if trafficking is found.
- Instructed the Women and Child Development Corporation (WCDC) and other departments to submit their replies by July 25, 2025.
The issue underscores the intersection of child rights, organized crime, and systemic oversight failure. Exploitation of children under the pretext of cultural entertainment goes against:
- Protection of Children from Sexual Offences (POCSO) Act, 2012
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Immoral Traffic (Prevention) Act, 1956
Despite these frameworks, local loopholes and lack of regulatory infrastructure have allowed this exploitation to flourish.
In a similar case, Just Rights for Children Alliance vs. S. Harish, The Supreme Court marks a crucial step in fortifying legal measures against child sexual exploitation. The Court has established that individuals who store child pornographic material can be held accountable. Even those who merely watch such material can face consequences. It provided clarity on the interpretation of Sections 15 of the POCSO Act and 67B of the IT Act.
The Court recommended to replace the term “child pornography” with “child sexual exploitation and abuse material.” This change aims to more accurately reflect the serious nature of these offenses and emphasize the exploitation involved.
The concept of constructive possession has been introduced. A reverse burden of proof is also implemented. These underscore the accountability of individuals in preventing the proliferation of harmful content. This judgment plays a crucial role in protecting children from sexual exploitation in the digital age, reinforcing their right to live free from harm.
By holding individuals responsible for both active and passive engagement with such material, the ruling emphasizes the need for vigilance and proactive measures in safeguarding vulnerable populations.
CASE TITLE: Just Rights for Children Alliance vs. S. Harish
READ JUDGMENT HERE
Organizations like Just Rights for Children Alliance and AVA (Association for Voluntary Action) deserve commendation for legally spotlighting a hidden form of child abuse. Their proactive legal advocacy sets a precedent for civil society’s role in demanding government accountability.
The next hearing is scheduled for July 25, 2025. The onus is now on the Bihar Government to respond with urgency and concrete policy reforms.
READ ORDER HERE
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