misc mcrreport
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REPORT
OF THE
NHRC COMMITTEE
ON
MISSING CHILDREN
Presented by:
P.C. Sharma
Member, NHRC &
Charman !" the C!mmttee
1
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C O N T E N T S
FORE#ORD
1. Constitution of the Committee at NHRC to Examine the
Problem of Missing Children.
2. Situational Analysis of Missing Children in ndia.
!. Pro"edure Ado#ted by the NHRC Committee for E$ol$ing
%uidelines to &eal 'ith Cases of Missing Children.
(. ssues Con"erning Missing Children &ealt by the NHRC
Committee.
). Re"ommendations*Suggestions of the NHRC Committee.
+. Con"lusions
,. Su#reme Court %uidelines
-. rite/u# on Missing Children by C0.
2
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FORE#ORD
Children are the nations assets. A ha##y "hild 'ill mae his*her
home and the "ountry ha##y. 3he future of any "ountry de#ends u#on
the right u#bringing of its "hildren4 for 'hi"h a "ongenial
en$ironment and ade5uate o##ortunities for 'holesome de$elo#ment
are essential.
A""ording to 6NCE7s 83he State of the orlds Children49
re#ort for 2::+4 one/third of the 'orlds "hildren la" ade5uate
shelter4 !1; la" basi" sanitation and 21; ha$e no a""ess to "lean4
#otable 'ater. llness4 malnutrition4 and #remature death are "ommon
'hen "hildren la" the most basi" #rote"tion.
3he brutal illing of se$eral inno"ent "hildren in Nithari
s#ared off nation 'ide indignation on the abuse to 'hi"h the $i"tims
'ere sub
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t 'ill be NHRCs endea$or to ensure that su"h gra$e human
rights $iolation is #re$ented. t is ho#ed that the State %o$ernment4
the de#artments "on"erned and so"iety 'ill ffi"er4
NHRC 'ho #re#ared the initial draft and marshalled the entire data
that has gone into the maing of this re#ort. My thans are also due to
Shri A
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CHPTER ' I
C!nstt(t!n !" the C!mmttee at NHRC t! E)amne the Pr!b*em
!" Mssn+ Ch*dren
3he National Human Rights Commission ?NHRC@ has been
"on"erned about the #roblem of missing "hildren e$er sin"e it 'as
"onstituted in >"tober 1!. t has sent noti"es and "alled for re#orts
on a"tion taen from many State %o$ernments*6nion 3erritories.
n addition4 the manner in 'hi"h young "hildren 'ent missing
from one of the neighbouring $illages of the National Ca#ital
3erritory of &elhi4 namely4 Nthar n NOID4 'hi"h falls under the
o$erall
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A""ordingly4 on 12thof 7ebruary 2::,4 the National Human
Rights Commission "onstituted a Committee to examine the issue of
missing "hildren in de#th and e$ol$e sim#le4 #ra"ti"al guidelines so
that a##ro#riate re"ommendations may be e$ol$ed by the Commission
and for'arded to the rele$ant authorities a"ross the States*6nion
3erritories as 'ell as to the %o$ernment of ndia that 'ould fa"ilitate
in tra"ing and restoring missing "hildren ba" to their families or to
agen"ies*su##ort systems 'here they "ould be taen "are of and
#rote"ted. 3he "onstitution of the Committee 'as as follo's
1@ Shri P.C. Sharma D.. Chairman
Member NHRC
2@ Shri &amodar Sarangi D.. Member
&ire"tor %eneral ?n$estigation@
NHRC
!@ Shri A.. %arg D.. Member
A"ting Registrar?Fa'@
NHRC
(@ &r. Sa$ita 0hahry D.. Member
Senior Resear"h >ffi"er
NHRC
)@ Shri P.M.G. Siromony D.. Con$ener
Chief Coordinator ?3raining@
NHRC
3he Committee "o/o#ted the follo'ing ex#erts as "o/o#ted members
for their ad$i"e and to #arti"i#ate during deliberations
+
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1@ &r. P. M. Nair PS4 Pro
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3o mae an in/de#th study and analysis of Rules4 %uidelines4
Cir"ulars and >rders being follo'ed by the #oli"e in
lo"ating*tra"ing missing "hildrenJ
3o examine the good #ra"ti"es being follo'ed by States*6nion
3erritories4 if any4 in finding*tra"ing missing "hildren as 'ell as
study im#ortant rulings * guidelines issued by the A#ex and
other Courts in the "ountry for #rote"tion or sear"hing for
missing "hildrenJ
3o study the role #layed by other go$ernmental and non/go$ernmental organiBations4 in"luding media and the "i$il
so"iety in finding*tra"ing missing "hildren as 'ell as
"oo#eration extended by them to the families of missing
"hildrenJ
3o study the role of the Pan"hayati Ra< institutionsJ
3o e$ol$e #ra"ti"al guidelines for #oli"e and other staeholders
for initiating standardiBed measures that 'ould not only
fa"ilitate in tra"ing and restoring missing "hildren ba" to their
families but also mae the staeholders a""ountable.
3he Committee 'as gi$en the o#tion of obtaining assistan"e
and hel# from other ex#erts and organiBations as it deemed #ro#er.
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CHPTER ' II
St(at!na* na*yss !" Mssn+ Ch*dren n Inda
Children and childhood a"ross the 'orld4 ha$e broadly been"onstrued in terms of a =golden age synonymous 'ith inno"en"e4
freedom4
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and e"onomi" grou#s. 3he %o$ernment is undoubtedly "ommitted to
doing its best for "hildren. Ho'e$er4 des#ite its best efforts4 there are
innumerable "hildren 'ho are sub
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the "hild #orn industry4 as "amel
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s#e"ifi" #ro$isions made in the Lu$enile Lusti"e ?Care and Prote"tion
of Children@ A"t4 2:::4 many State %o$ernments*6nion 3erritories
are yet to frame Rules under the #rin"i#al A"t. n a ma
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treated as any other non/"ogniBable offen"e and only an entry is made
in the %eneral Station &iary ?%&@ that is follo'ed by an en5uiry. n
other 'ords4 ffi"er in the #oli"e station for'arding the information to all
"on"erned4 as 'ell as to the Su#erintendent of Poli"e or to the &e#uty
Commissioner of Poli"e 'ho in turn for'ards it to the Chief of Poli"e.
At the field le$el4 lo"al #oli"e offi"ials #ubli"iBe the #arti"ulars of the
missing "hild in the media by "ir"ulating the a$ailable identifi"ation
details and #hotogra#hs.
3he message "on"erning missing "hild*"hildren that rea"hes the
Poli"e Head5uarters normally is taen "are of by the Missing Persons
0ureau. At the State le$el4 this 0ureau is often a 'ing of the C& of
the State #oli"e. hile taing a"tion4 they also for'ard the message to
the State Crime Re"ords 0ureau 'ho4 in turn4 transfers the
information to the Missing Persons ing at the National Crime
Re"ords 0ureau ?NCR0@ in Ne' &elhi4 'hi"h o#erates under the
Ministry of Home Affairs. 3he NCR04 at best4 transmits this message
to the Chiefs of Poli"e in other States. 3he =Sear"h ing of the
NCR0 "oordinates this information and further transmits it to other
#la"es.
3he NCR04 under the 3AFASH nformation System4 maintains
a national le$el database of missing #ersons under the follo'ing broad
"ategories K =missing4 =idna##ed4 =arrested4 =deserted4 =es"a#ed4
1!
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=#ro"laimed offender4 ='anted4 =unidentified dead body4
=unidentified #erson and =tra"ed*found. Earlier4 data on missing
"hildren under the broad "ategory of =missing 'as not a$ailable.
Ho'e$er4 this is no' a$ailable for both the sexes under the age grou#
: K12 and 1! K1-. 3he NCR04 by and large4 fun"tions as a
=&o"umentation Centre or at best a =3ransfer &es be"ause as of
today the NCR0 neither in$estigates4 nor does it monitor or fa"ilitates
the re"o$ery of missing "hildren as a #ro/a"ti$e organiBation. 3he
Poli"e Stations4 too4 generally do not gi$e any feed ba" to the NCR0
'hen the missing "hild is res"ued4 tra"ed or returned. Hen"e the data
la"s a""ura"y. 3hus4 des#ite being the national re#ository of ="rime
data4 the NCR0 is una'are both of "hildren 'ho are tra"ed or of
those 'ho remain untra"ed.
nterestingly enough4 though the "ategory of missing "hildren
has "ome to be refle"ted in the 3AFASH nformation System4 there is
no mention or analysis of it to date in the Crime in ndia Re#ort being
#ublished by the NCR0. 3his is in s#ite of the fa"t that Cha#ter Six
therein titled =Crime Against Children "ategori"ally affirms that
8%enerally4 the offen"es "ommitted against "hildren or the "rimes in
'hi"h "hildren are the $i"tims are "onsidered as Crime Against
Children9. t then goes on to highlight "rimes "ommitted against
"hildren that are #unishable under the ndian Penal Code 1-+: and
"rimes "ommitted against "hildren that are #unishable under the
S#e"ial and Fo"al Fa's.
As #er the latest Crime in ndia Re#ort K 2::)4 a total of 1(4
,) "ases of "rimes against "hildren 'ere re#orted in the "ountry
1(
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during 2::) as "om#ared to 1(4(2! "ases during 2::(4 signifying an
in"rease of !.- #er "ent. 3he highest "rime rate 'as re#orted from
&elhi ?+.)@ follo'ed by Chandigarh ?).,@ and Madhya Pradesh ?).+@
as "om#ared to the national a$erage of 1.(. A total of (:2+ "ases of
"hild ra#e 'ere re#orted in the "ountry during 2::) as "om#ared to
!)(2 in 2::( a""ounting for a signifi"ant in"rease of 1!., ; during
the year. 3he State of Madhya Pradesh re#orted the highest number of
"ases ?-,:@ follo'ed by Maharashtra ?+!(@. 3hese t'o States together
a""ounted for !,.!; of the total "hild ra#e "ases re#orted in the
"ountry. Highlighting "ases related to idna##ing and abdu"tion4 the
Re#ort mentions that a total of !)1- "ases 'ere re#orted during the
year as "om#ared to !1+ "ases re#orted in the #re$ious year
a""ounting for an in"rease of 1:.1;. &elhi re#orted the highest
#er"entage of su"h "ases among "hildren u# to 1) years. 3he analysis
of data "learly re$eals the in"rease of number of "rimes against
"hildren in the "ountry.
3he aforesaid data re$eals the #redi"ament of missing "hildren
in many 'ays. A#art from the NCR04 there are some regional #oli"e
'ebsites lie the onal ntegrated Poli"e Net'or ?PNE3@ and a
fe' State #oli"e 'ebsites4 'hi"h #ro$ide data on missing #ersons4
in"luding data on missing "hildren. 0ut the information #ro$ided
therein remains largely in"om#lete. Sin"e a'areness about these
databases // #arti"ularly4 among #oli"e #ersonnel // is lo'4 it has not
dra'n ade5uate attention in the in$estigation and tra"ing of missing
"hildren.
1)
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t is #ertinent to mention that sending 8loo out9 noti"es and
#ublishing #hotogra#hs and other details in lo"al $isual and #rint
media is someho' not mandatory in e$ery State* 6nion 3erritory. n
addition to this4 there are a host of other fa"tors // absen"e of effe"ti$e
su#er$ision and follo'/u#4 la" of interest on a""ount of lo' #riority
a""orded to the #roblem of missing "hildren4 la" of resour"es4 la" of
"oordination and la" of national strategy to deal 'ith the "hallenge K
due to 'hi"h "ases of missing "hildren do not re"ei$e the desired
attention that they really deser$e. ith the #assage of time4 routine
efforts to lo"ate missing "hildren ha$e also been abandoned. As a
result4 a large number of missing "hildren remain untra"ed. Sustained
efforts to lo"ate the missing "hildren are rare.
Status of interventions by other Governmental and Non
Governmental agen!ies on the issue of Missing Children
3he o$erall status of go$ernmental and non/go$ernmental
inter$entions "on"erning missing "hildren a"ross the "ountry sho's
that ex"e#t in a handful of States4 most of them do not #ay any heed to
the #roblem of missing "hildren. 3he Poli"e &e#artment in the State
of 3amil Nadu has a Modus >#erandi 0ureau that maintains a list of
missing #ersons. 3his list of missing #ersons is "om#iled
al#habeti"ally from the 7irst nformation Re#ort of missing #ersons
re"ei$ed from #oli"e stations. All "ases of missing "hildren4
idna##ed 'omen4 "hildren and a"ti$ities of #rofessional traffi"ers
of 'omen and "hildren are re#orted dire"tly by Station House >ffi"ers
to the Modus >#erandi 0ureau. n order to streamline the #ro"ess of
monitoring and su#er$ision of su"h "ases4 S#e"ial Cells ha$e been
1+
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formed at the Range and &istri"t le$el for missing #ersons.
Corres#ondingly4 there is a Missing Child 0ureau under the
&e#artment of So"ial &efen"e4 set u# by%o$ernment of 3amil Nadu.
t renders ser$i"es related to missing "hildren in "ollaboration 'ith
organiBations lie the Poli"e4 non/go$ernmental organiBations
'oring for rights of "hildren and CHF&FNE4 a 2(x, hel#line for
"hildren 'hose toll free tele#hone number is 1:- and 'hi"h "an be
a""essed by any one4 e$en "hildren themsel$es. t has a 'ebsite that
dis#lays sim#le but im#ortant ti#s to #re$ent the o""urren"e of
missing "hildren under the "a#tion =&os and &onts and 'hom to
"onta"t in res#e"t of missing "hildren.
3aing a "ue from the guidelines issued by the Su#reme Court
of ndia on 1(thof No$ember4 2::2 for missing and idna##ed minor
girls and 'omen4 in rit Petition ?Cri.@ No. +1: of 1+ ?Horilal $s
Commissioner of Poli"e4 &elhi I >rs.@4 the Maharashtra Ra
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here$er ne"essary4 "riminal "ases are being registered against the
"ul#rits to bring them to boo. 3he State has further set u# Mahila and
Sishu &ess that are headed by Sub ns#e"tor*Assistant Sub ns#e"tor
in 21: #oli"e stations. 3he State #ro#oses to set u# these &ess in all
#oli"e stations. 3o monitor "ases of traffi"ing in 'omen and "hildren4
>rganiBed Crime 6nits ha$e been set u# in the C& C0 'hi"h is
headed by . %. of Poli"e4 C& and at the &istri"t le$el by &e#uty
Su#erintendent of Poli"e4 Crime. n fa"t4 the %P4 C& C04 has been
nominated as the Nodal >ffi"er of the State for looing into "ases of
traffi"ing in 'omen and "hildren. A State Fe$el Co/ordination
Committee has also been formed under the "hairmanshi# of the Chief
Se"retary "onsisting of 1) members in"luding offi"ials from different
&e#artments of the State and re#resentati$es of #rominent non/
go$ernmental organiBations so as to "oordinate all anti/traffi"ing
matters. >ther than this4 em#hasis is being laid on training of all
#oli"e #ersonnel in the State on issues "on"erning "hildren.
n the State of Andhra Pradesh4 all "ases of missing "hildren are
registered as 7Rs. Regular re$ie' meetings are simultaneously held
from time to time along 'ith =s#e"ial dri$es to lo"ate missing
"hildren. 3he State has a 'ebsite of missing "hildren too.
As #er the re#ort on missing "hildren re"ei$ed from &elhi
Poli"e a missing #erson register is being maintained in ea"h Poli"e
Station of &elhi. All rele$ant information about the missing #erson is
entered in the registered and for'arded to the Missing Person S5uad.
&istri"t Senior >ffi"ers are also de#loyed as Child elfare >ffi"ers in
1-
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ea"h #oli"e station. A &istri"t Missing Persons 6nit is fun"tioning in
ea"h distri"t under the su#er$ision of ACP*&6.
&elhi Poli"e has introdu"ed "om#uteriBation of missing #ersons
data in 2::+ 3he mat"hing of missing #ersons 'ith unidentified deadbodies is being done 'ith the hel# of "om#uters. 0efore
"om#uteriBation of missing #ersons data4 the tra"ing out #er"entage of
missing #ersons 'as about 2); 'hi"h has in"reased to ,!.,,; in
2::+. As #er the re#ort -:; missing "hildren 'ere tra"ed.
Photogra#hs of missing #ersons as 'ell as unidentified dead bodies
are fed in the "om#uter. 3he 'eb site de$elo#ed by the &elhi Poli"e
"an be a""essed by general #ubli" from any #art of the 'orld. 3he
re#ort "laimed that out of 1)2:1 #ersons re#orted missing in the year
2::+4 1121) #ersons had been tra"ed and had been restored to their
#arents*guardians.
A &istri"t Missing Persons 6nit?&MP6@ ha$e also been set u#
in ea"h distri"t of &elhi Poli"e. 3his unit has been #ro$ided 'ith a
'eb based "om#uter #rogramme and broadband "onne"tion for
u#loading the information on Missing Persona and 6nidentified dead
bodies. 3his information "an be a""essed by #ubli" on PNE3
through normal internet.
3he &elhi Poli"e also re#orted to the Committee that in the year
2::+4 out of (11- male missing "hildren !((+ had been tra"ed ba" as
also out of 21: missing female "hildren 21+ had been tra"ed.
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A re"ent study "ondu"ted in 2::, itself by the &elhi Poli"e had
indi"ated that most affe"ted age grou# for minor4 male and female
"hildren 'as 11/1- years. Ma
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#hotogra#hs. Ho'e$er4 funding has been a serious issue 'ith non/
go$ernmental organiBations lie these.
3he Committee thus obser$ed that missing "hildren is a
$eritable bla" hole in la' enfor"ement. 3he #oli"e and State * 63
go$t. in"luding lo"al administration until no' ha$e failed to e$en
a"no'ledge the #roblem. 3he urgent need is to ha$e a system 'here
all of us ha$e to be $igilant to'ards the missing "hildren so that they
are restored ba" to their families*"aretaers as 5ui"ly as #ossible.
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CHPTER ' III
PROCED2RE DOPTED 34 THE NHRC COMMITTEE FOR
E5OL5ING G2IDELINES TO DEL #ITH CSES OF
MISSING CHILDREN
ee#ing in $ie' the o$erall 3erms of Referen"e set/u# by the
Committee4 Chairman and other Members of the Committee4 first and
foremost4 "on$ened an in/house #reliminary meeting 'ith $arious
ex#erts on the sub
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Iss(es C!n0ernn+ Mssn+ Ch*dren Dea*t by the
NHRC C!mmttee
3he situational analysis of missing "hildren in ndia in Cha#ter
of this re#ort "learly exem#lifies that the #henomenon of missing
"hildren is not an isolated #roblem. 3here are many other issues
inter'o$en 'ith it. Moreo$er4 in the absen"e of any homogeneous and
"om#rehensi$e definition of missing "hildren in ndia or for that
matter in the 'orld4 the tas of bringing together authenti" data
"on"erning them is a "hallenging tas. 3his is #rimarily be"ause 'hen
a "hild is found missing4 nobody no's the real intent or #ur#osebehind it. t "ould be 5uite #ossible that the "hild for $arious reasons
may ha$e run a'ay on his or her o'n from home or a relati$es home
or an institution and the lie 'hi"h the #arents*"aretaers may
"onstrue it as =missing. >n the other hand4 it "ould be relati$ely
#ossible that the "hild may ha$e gone missing from the s"ene for a
different moti$e altogether4 'hi"h "ould be sexual gratifi"ation or
sexual ex#loitation or labour ex#loitation or #rofit/maing or #ersonal
$engean"e and the lie. And4 for this #ur#ose4 the "on"erned #erson?s@
dire"tly or indire"tly in$ol$ed in the in"ident?s@ of missing "hildren
may resort to "rimes of $arious inds ranging from idna##ing4
abdu"tion4 grie$ous hurt4 assault4 ra#e4 unnatural offen"es4 and e$en
murder of the "hild.
3he Committee noted that missing "hildren4 on the 'hole4 did
not "ome under the #ur$ie' of "riminal a"t unless there 'ere
"om#laints filed relating to their idna##ing or abdu"tion. 0ut4 the
fa"t is that missing "hildren as a "ategory en"om#ass run a'ay
2!
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"hildren 'ho left home and ga$e no noti"e about their 'hereaboutsJ
lost and se#arated "hildrenJ idna##ed "hildren or "hildren abdu"ted
or lured a'ay by an a"5uaintan"e4 stranger4 or organiBed gang of
"riminalsJ traffi"ed "hildren 'ho 'ere sold for $arious ex#loitati$e
#ur#osesJ "hildren 'ho 'ere sold4 abandoned or 'ho had their life
ended by a #arent or la'ful "ustodian unno'n to the other #arent
'ho "onsiders them missing
3he Committee4 therefore4 deliberated4 in its sittings4 u#on ea"h
"ategory of these "hildren and e$ol$ed suitable and #ra"ti"al
guidelines to deal 'ith the #roblem.
2(
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C H P T E R 6 5
Re0!mmendat!ns7S(++est!ns !" the NHRC C!mmttee
3he NHRC Committee after intera"ting 'ith the staeholders
has #ro#osed the follo'ing re"ommendations*suggestions to "ontain
the #roblem of missing "hildren
1. PRIORT4 ISS2E rrefutably4 the #roblem of =Missing
Children is a gra$e matter 'hi"h is also a human rights issue.
t is a"no'ledged that it has not been re"ei$ed the attention it
deser$es from the go$ernment and so"iety at large. 3herefore4
this issue needs to be made a 8#riority issue9 by all
staeholders4 es#e"ially the la' enfor"ement agen"ies. 3he
&ire"tors %eneral of Poli"e of States should tae a##ro#riate
ste#s to issue #oli"e orders*"ir"ulars*standing instru"tions et".4
sensitiBe all offi"ers in this regard and also mae them
a""ountable.
2. MISSING PERSONS S82D7DES9 IN POLICE
STTIONS 3he Committee re"ommends that e$ery Poli"e
Station a"ross the "ountry should ha$e S#e"ial S5uad*Missing
Persons &es to tra"e missing "hildren. 3his S5uad*&es
should ha$e a Registering >ffi"er 'ho should be made
res#onsible of registering "om#laints of missing "hildren.
He*she should maintain "om#lete re"ords of efforts made by
them to tra"e missing "hildren as 'ell as by the S#e"ial S5uad.
3he Registering >ffi"er should also 'rite in"ident re#orts and
ee# them on re"ord in Station &iary*"ase diary4 as the "ase
2)
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may be. n addition to this4 the Registering >ffi"er should also
'or as an En5uiry >ffi"er 'hereby he*she should be made
res#onsible for follo'ing u# the entire #ro"edure of
tra"ing*tra"ing the missing "hild. 3he LAP6 ?Lu$enile Aid
#oli"e 6nit@ "an4 if re5uired4 be utiliBed for addressing the issue
of missing "hildren4 e$en though the "hildren 'ho are missing
"an ne$er be labeled as ffi"er.
!. CO2RT DIRECTI5ES 3here is a need to reiterate the
im#lementation of the Su#reme Court %uidelines gi$en on
1(*11*2::2 in rit Petition ?Cri.@ No +1: of 1+ filed by
Horilal Gs. Commissioner of Poli"e4 &elhi I >rs. in all #oli"e
stations a"ross the "ountry. 3his 'ould entail #rom#t and
effe"ti$e ste#s for tra"ing missing "hildren.
As #er the dire"tions gi$en by the &elhi High Court4 a Cell
relating to missing #ersons*"hildren 'as set u# in the Central
0ureau of n$estigation ?C0@. 3his Cell has been fun"tioning
e$er sin"e but due to la" of ade5uate resour"es4 desired results
"ould not be a"hie$ed. Sin"e the C0 is a Central in$estigating
agen"y ha$ing #o'ers and
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in$estigate "riminal "ases relating to missing "hildren and
#ersons.
(. ROLE OF DISTRICT DMINISTRTION: 3he
legislation en
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Pro$ide timely feed/ba" to the la' enfor"ement
agen"ies about the return of the "hild..
=. IN5OL5ING NGO-s n #la"es 'here $ulnerable grou#s of
"hildren are found in large numbers4 there is need for
enfor"ement agen"ies to e$ol$e some ind of a me"hanism in
#artnershi# 'ith non/go$ernmental organiBations and so"ial
'orers4 'hereby a#art from rendering "ounseling to them4
a'areness raising a"ti$ities are also "arried out. 3his 'ould not
only instill "onfiden"e in them but also strengthen them and
gi$e them s#e"ial #rote"tion so that they are in no 'ay lured by
external agen"ies*fa"tors. 3his initiati$e "ould be taen by the
Missing Children S5uad*Cell in the &istri"ts. 3he &%Ps need
to ensure a"tion on this initiati$e.
>. NTIONL DT3SE ND MONITORING: NCR0
should establish a National 3ra"ing System that 'ould
en"om#ass the grass/root le$el in lo"ating and tra"ing missing
"hildren. 3here should be #rom#t re#orting of not only missing
"hildren "ases4 but also of return*res"ue*re"o$ery. All instan"es
'here "hildren are res"ued from #la"es of ex#loitation
in"luding #la"es of sexual ex#loitation and also ex#loitati$e
labour4 should be do$etailed into the NCR0 data base. 3he
database should be u#dated on a regular and systemati" basis.
3his also in$ol$es re$ising the re#orting format 'ith res#e"t to
the res"ue and re"o$ery of #ersons 'ho ha$e been traffi"ed.
3he &ire"tor NCR0 should liaise 'ith the Pro&C4 Ne' &elhi and 'orout the
2
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format as the 6N>&C is 'oring in the field of em#o'ering
la' enfor"ement agen"ies and de$elo#ing a##ro#riate #ro
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@A. HELPLINE: 3here is a need to establish a Child Hel#line
through N%>s*PRs*other agen"ies 'ith ade5uate su##ort from
%o$ernment in all the distri"ts. 3he &e#artment of omen I
Child &e$elo#ment4 %o$t. of ndia4 may tae the initiati$e to
set u# su"h a national net'or.
@@. O2TSO2RCING PRELIMINR4 IN82IR4 TO NGOs:
3he NHRC Committee "ame to no' about se$eral instan"es
'here N%>s are a"ti$ely fun"tional4 deli$ering the best results4
in tra"ing missing "hildren and also do"umenting them. Su"h
efforts and initiati$es ha$e su##lemented the 'or of the la'
enfor"ement agen"ies. 3he synergy of #oli"e and N%>s "an be
of immense hel# in addressing this issue and in #ro$iding
tremendous su##ort to the #oli"e agen"ies 'ho are #reo""u#ied
'ith se$eral other tass4 es#e"ially in those #la"es 'here the
#oli"e station strength is $ery #oor. 3herefore4 Preliminary
n5uiry into missing #ersons "ould be outsour"ed to N%>s4
'ho are 'illing to undertae this tas. MHA may issue
a##ro#riate guidelines to the States in this regard. Ea"h State
"an identify a fe' su"h N%>s and notify them if re5uired. As
of today nothing sto#s N%>s from "ausing su"h in5uiries and
many are already doing this 'or. 3herefore4 the best o#tion4 in
the gi$en situation4 is to de$elo# synergy bet'een the la'
enfor"ement agen"ies and the N%>s and institutionaliBe this
#artnershi#.
!1
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@B.COGNI3ILIT4 OF THE E5IDENCE As of no' the
issue of missing "hildren is not a "ogniBable offen"e and the
$ery fa"t of missing of a "hild does not "on$ey o""urren"e of a
"rime. Ho'e$er4 some States lie Andhra Pradesh4 3amil Nadu
allo' #oli"e to register 7Rs and tae u# in$estigation. n order
to fa"ilitate #ro#er en5uiry*in$estigation4 it is ad$isable that an
7R is registered by the #oli"e 'ith res#e"t to the issue of
missing "hildren. Ho'e$er4 ex#erien"e sho's that in many
"ases a "hild may not ha$e gone missing and the #ani" rea"tion
of the #arents or 'ards lead to su"h re#orting. 3herefore4 all
su"h issues may not 'arrant registration of an 7R immediately.
Ne$ertheless4 it is ad$isable to register 7R if a missing "hild
does not "ome ba" or is not tra"ed 'ithin a reasonable time.
3he State %o$ernments are ad$ised to "onsider issue of
a##ro#riate dire"tions to the la' enfor"ement agen"ies to set a
time limit of 1) days from the date of re#orting that if a missing
"hild is not tra"ed ba" 'ithin 1) days4 a #resum#tion may be
made of some malafide and an 7R registered 'ith res#e"t to all
su"h issues of missing "hildren.
@.SENSITITION OF ST9E HOLDERS: 3here is a need
to sensitiBe all rans of #oli"e #ersonnel and other staeholders
to the issue of missing "hildren. 7or this a t'o/day module be
designed by 0PR&4 so that uniform training is im#arted to all
"on"erned. Along 'ith this4 there is a need to #re#are suitable
reading material that in"ludes good #ra"ti"es about missing
"hildren from other States*6nion 3erritories as 'ell as other
"ountries.
!2
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@.RESC2E OF CHILDREN IN NEED OF CRE ND
TTENTION: 3here is a need to identify 8run a'ay
"hildren94 8abandoned "hildren9 8negle"ted "hildren9 and
su"h 8$ulnerable "hildren9 'ho are often found roaming
around #la"es 'here they are #arti"ularly ex#osed to abuse and
ex#loitation su"h as rail'ay stations4 traffi"
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%o$ernment should tae initiati$es in this regard. S"hools
should embar on a #rogramme of em#o'ering the "hildren on
their rights4 legal strengths and defen"e me"hanisms in "ase of
need.
@;.PO5ERT4 LLE5ITION MES2RES: t is
a"no'ledged that #o$erty is one of the main fa"tors in
#ushing "hildren into inhos#itable "onditions and maing them
$ulnerable for ex#loitation. 3he Central and State
%o$ernments ha$e introdu"ed se$eral s"hemes to be
im#lemented at %ram Pan"hayat le$el 'ith the ob
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influen"e on all staeholders in addressing the issues
a##ro#riately in their res#e"ti$e
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Ne's#a#ers or 3G "hannels 'ith an em#hasis on lo"al ne's
"an ha$e an arrangement 'ith either the #oli"e or a lo"al N%>4
'hi"h has 'ored in the area to #rint 'ithout "harge
announ"ements and ad$ertisements on missing "hildren.
3he missing "hild story should also be #i"ed u# for the daily
"rime sho's many 3G "hannels ha$e "ommen"ed. Lust as
in$estigati$e stories are done on the flesh trade4 on organ
smuggling et". "ase studies of ho' missing "hildren end u# in
brothels or fa"tories "an be "arried. Cases "an be #i"ed from
sol$ed "ases orJ 'here "hildren 'ere smuggled a"ross borders.
dentities "an be mased if need be. Media organiBations lie media unions4 the 'omens #ress
"or#s and so on "an "ollaborate 'ith agen"ies lie the NHRC
and other N%>s 'oring on "hildrens rights issues to hold
seminars and sym#osiums on the sub
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into ndia ha$e been #unished as illegal immigrants and are
made to suffer. NHRC re"ommends the state go$ernments to
undertae re$ie' of all su"h "ases and #ro$ide relief to su"h
"hildren4 as all traffi"ed "hildren4 irres#e"ti$e of their
nationality4 are "hildren in need of "are and attention.
Moreo$er4 there is a need of de$elo#ing a Proto"ol on this issue.
t is learnt that 6N>&C in its anti human traffi"ing #ro&C may #ro$ide the re5uired te"hni"al
assistan"e.
B@.S2R5E4 ND RESERCH: 3he 'orld of missing "hildren
is unno'n and there is no #ro#er study or resear"h on this
issue. E$en today the exa"t figures of missing or tra"ed
"hildren are not a$ailable. 3he existing legislation re5uires the
State and distri"t authorities to #eriodi"ally "arry out
ins#e"tions*sur$eys of #la"es 'here "hildren are em#loyed 'ith
a $ie' to identifying missing "hildren and those engaged in
bonded labour*"hild labour. 3his tas has remained a lo'
#riority area. 3here is an urgent need for the State
administration to undertae mi"ro studies es#e"ially at the
#la"es 'here "hildren are re#ortedly $ulnerable.
A $illage/'ise sur$ey of all "hildren 'ho ha$e gone missing or
e$en re"o$ered is an urgent need to understand the realisti"
!,
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dimensions of the #roblem. Studies by a"ademi" institutions
into $arious fa"tors behind the $ulnerability of "hildren are
re"ommended in order to generate right res#onse.
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CHPTER 5I
C!n0*(s!n
3he "urrent Re#ort of the Committee on =Missing Children
bears testimony to the fa"t that not mu"h has been a"hie$ed to #rote"t
the rights of "hildren in the last +: years. 6ndoubtedly4 there has been
a #lethora of do"uments in the form of #lans4 #oli"ies4 #rogrammes4
s"hemes and the lie brought forth by the %o$ernment sin"e
inde#enden"e #ledging to #rote"t and #romote the rights of "hildren
but the re"ords of national go$ernan"e4 #ubli" in$estment and
de$elo#ment a"tion yield little mat"hing e$iden"e of substanti$e 'or
for "hildren. %i$en the situation of "hildren4 es#e"ially from
under#ri$ileged and $ulnerable se"tions of so"iety4 the Committee is
of the $ie' that the Constitution of ndia has suffi"ient mandate to
se"ure human rights of "hildren. 3his being so4 the need of the hour is
to identify and u#hold "ertain "ommitments as =non/negotiables both
by the State and the "i$il so"iety. n$estment in "hildrens 'ell/being
and se"urity is one su"hsine qua non. n this "ontext4 both the Central
and State %o$ernments ha$e to ensure realisti" #lans of a"tion so as to
mae #rote"tion of "hildren a reality 'ithin a s#e"ifi" time frame.
3his4 of "ourse4 'ould re5uire massi$e mobiliBation of resour"es4
strong #oliti"al "ommitment and de"entraliBed #lanning and
management stru"ture. Most im#ortantly4 radi"al reforms in so"ial
ser$i"es administration for effi"ient deli$ery of ser$i"es are urgently
needed. Coordination 'ith other institutions of "i$il so"iety 'ill also
be ne"essary. All this 'ould ultimately ensure that the nation "an ha$e
a strong human resour"e base.
OOOOOOOOOOOOO
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N N E 2 R E
3he %uidelines gi$en by the Honble Su#reme Court of ndia
on 1(/11/2::24 'hile hearing the rit Petition ?Cri.@ No. +1: of 1+
filed by Horilal G*s Commissioner of Poli"e4 &elhi I >rs. 'ith regard
to effe"ti$e ste#s to be taen in "ase of tra"ing out the missing and
idna##ed minor girls and 'omen et". /
?1@ Publish #hotogra#hs of the missing #erson in the ne's#a#er4
tele"ast them on the tele$ision #rom#tly and in any "ase not later than
one 'ee of the re"ei#t of the "om#laint. Photogra#hs of the missing
#erson shall be gi$en 'ide #ubli"ity at all the #rominent outlets of the
"ity*to'n*$illage "on"erned K that is4 at the rail'ay stations4 inter/
State bus stands4 air#ort4 regional #ass#ort offi"e and through la'
enfor"ement #ersonnel at border "he"/#osts. 3his should be done
#rom#tly and in any "ase not later than one 'ee of the re"ei#t of the
"om#laint. 0ut in "ase of a minor * ma
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?(@ Condu"t an in5uiry into the 'hereabouts from the extended
family of relati$es4 neighbours4 s"hool tea"hers in"luding s"hool
friends of the missing girl or 'oman4
?)@ Mae ne"essary in5uiries
'hether there ha$e been #ast in"idents or re#orts of $iolen"e 'ithin
the family.
3hereafter4 the in$estigating offi"er*agen"y shall
?a@ &iligently follo' u# to ensure that the re"ords re5uested from
the #arents are obtained4 and examine them for "lues4
?b@ Hos#itals and mortuaries be sear"hed immediately after
re"ei$ing the "om#laint.
?"@ 3he re'ard for furnishing "lue about the missing #erson should
be announ"ed 'ithin a month of her disa##earan"e.
?d@ E5ually hue and "ry noti"es shall be gi$en 'ithin a month.4
?e@ 3he in$estigation should be made through 'omen #oli"e
offi"ers as far as #ossible.
?f@ 3he "on"erned Poli"e Commissioner or the &..%.*.%. of the
State #oli"e 'ould find out the feasibility of establishing a M(*t6
Tas F!r0e "!r *!0atn+ mssn+ +r* 0h*dren and !men.
(1
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?g@ 7urther4 in the metro#olitan "ities4 su"h as &elhi4 Mumbai4
olata and Chennai4 the n$estigating >ffi"er should immediately
$erify the red/light areas and try to find out the minor girls. f any
minor girl ?may or may not be re"ently brought there@ is found4 her
#ossession be taen and she may be sent to the lo"al "hildrens home
?Se". !( of the Lu$enile Lusti"e ?Care and Prote"tion of Children@4 A"t4
2:::@4 and the .>. to tae a##ro#riate ste#s that all medi"al*other
fa"ilities are #ro$ided to her.
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