National child rights body justifies probe into child care homes

The statutory body, in an affidavit filed in the high court, has prima facie observed that inadequate facilities were being given to children and there were several violations, such as financial irregularities, and instances of sexual assaults in 2012, 2013 and 2016 in the boy’s shelter home.

The National Commission for Child Rights Protection (NCPCR) has justified in the Delhi high court the criminal investigation against two child care homes run by Centre for Equity Studies (CES), where social activist Harsh Mander is a director.

The court on Tuesday took the NCPCR’s response on record and posted the matter for further hearing in January. (Reuters/Representative Image)

The statutory body, in an affidavit filed in the high court, has prima facie observed that inadequate facilities were being given to children and there were several violations, such as financial irregularities, and instances of sexual assaults in 2012, 2013 and 2016 in the boy’s shelter home.

“The Commission... from an employee of the home has received information that the cases of sexual abuse are still prevalent in the Home (for boys) and there is no reporting being done of the same. The non-reporting of such POCSO offences by the staff of the home is a serious offence under POCSO Act, 2012 and also jeopardizes the welfare and well-being of children in this home,” said the NCPCR.

Reasoning the recommendations on which an FIR was registered against two child care homes-- Umeed Aman Ghar, a home for boys, and Khushi Rainbow Home, a residence for girls—the commission told Justice Rekha Palli that children were used for protest as four to five girls were taken to Jantar Mantar to agitate against the Citizenship Amendment Act (CAA) last year.

The children, in an interaction with the commission, said they sat for some time at the protest site but later returned due to the sultry heat.

The court on Tuesday took the NCPCR’s response on record and posted the matter for further hearing in January.

The NCPCR’s response comes after the two child care homes moved high court through their counsel Sarim Naved challenging the recommendations of the NCPCR, on the basis of which a show cause notice was issued by the Delhi government. Subsequently, an FIR was also registered against the two homes on various charges.

The plea also sought quashing of the show cause notice issued by the Delhi government and stated the inspection was carried out at the homes in violation of the Juvenile Justice Act and rules.

The two NGOs were raided on October 1 by the NCPCR, following which they submitted their findings to the police. In its recommendations, the commission reported a host of abuse and irregularities such as sexual abuse, using the children for anti-CAA protests, not providing them the right living conditions, Covid-19 norm violations, among others, said the police earlier.

On April 7, the court sought to know the procedure that was followed in recommending action against the two child care homes.

Responding to the queries of the court, the commission said during inspection, they found there were frequent visits by foreign nationals for providing voluntary services in this institution. However, it was unclear that on what grounds these foreign nationals were permitted to give voluntary services in these institutions and interact with children while their visit to India was for other purposes.

Raising questions on the infrastructure of the NGOs, NCPCR said the building of the institution was covered with tin shed, which was not in line with safety and security measures.It said the sleeping material was not properly cleaned /sanitized regularly or before reuse as needed and they were not regularly fumigated.

“It was also observed that some of the girls were staying in a tin shaded room connected with iron staircase, which was very risky and dangerous. It was seen that there was one double storey porta cabin and that the stairs were hazardous. Also, the rooms of dormitories were not well lit, ventilated and were tin shaded with inadequate sunlight and dampness in many of them,” said the NCPCR in its affidavit.

The children’s body said even though rules provide for the segregation of children, during inspection, it found minor children were mingling with the elder ones.It said the police verification of all the staff members was not done and neither the qualification of the teachers was in consonance with the norms.

Earlier, the DCPCR and the Delhi government’s social welfare department informed the court that based on the recommendations of the NCPCR, the State Inspection Committee conducted an inspection and found that the children were very happy and content at the care home.

The city government earlier told the court that they just issued a show cause notice to the child care homes and put their registration on abeyance.