misc mcrreport

8/10/2019 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.

21


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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


28/42


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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


32/42

@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


33/42

@.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"


34/42

%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


35/42

influen"e on all staeholders in addressing the issues

a##ro#riately in their res#e"ti$e


36/42

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


37/42

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.

[email protected] 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"

!,


38/42

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.

!-


39/42

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

!


40/42

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


41/42

?(@ 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


42/42

?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.

misc mcrreport

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