New Delhi: The Supreme Court on Tuesday declined to entertain a plea by the National Commission for Protection of Child Rights (NCPCR) seeking a special investigation team (SIT) probe into allegations that children were being sold by shelter homes, including those run by the Missionaries of Charity founded by Mother Teresa, in Jharkhand. The apex court, in a separate matter, also directed states to notify with guidelines on school safety and security, 2021, issued by the Ministry of Education in October 2021.
A bench comprising Justices B V Nagarathna and N.K. Singh had some tough words for the child rights body and cautioned it against involving the judiciary in its "agenda".
"Don't drag the Supreme Court into your agenda. What kind of relief is sought in your petition?”, the bench told the NCPCR counsel. Advocate Tulika Mukherjee represented the Jharkhand government before the apex court. In 2020, the NCPCR filed a plea seeking to enforce fundamental rights under Article 23 of the Constitution, which prohibits human trafficking. It claimed that discrepancies in children's homes in various states, including Jharkhand, and states were made parties in the petition.
During the hearing, the bench told the NCPCR counsel that it is not convinced with the contentions made in the petition. The NCPCR had highlighted child rights violations in Jharkhand.
The apex court did not mince words in expressing its discontent with the child rights body's approach in the matter and termed the relief sought in the petition as vague. “How can we pass such directions?”, asked the bench.
The NCPCR had alleged that during its inquiry shocking revelations were made by the victims, including that children in these homes were being sold. The apex court made it clear that judicial intervention was not required and the child rights body has the authority to investigate and take action under the Commission for Protection of Child Rights (CPCR) Act, 2005.
Initially, pressing on the need to protect the children, the child rights body counsel had requested a court-monitored, time-bound investigation into all shelter homes in Jharkhand. The apex court was informed by the NCPCR that concerned authorities in the state were adopting a callous approach in connection with the protection of minors.
After hearing submissions in the matter, the apex court refused to entertain the child rights body plea. Acting on a separate plea filed by Bachpan Bachao Andolan, through advocate Jagjit Singh Chhabra, the apex court directed all states to notify the 2021 guidelines on school safety and security.
The NGO's plea stressed that the aim and objective behind the guidelines is to enact a self-contained comprehensive legislation to provide for the protection of all children from all kinds of exploitation and abuse and guarantee their physical, social, psychological and moral well-being.
Senior advocate HS Phoolka, appearing for Bachpan Bachao Andolan, said that to date, only five states have notified the Centre's 2021 'Guidelines on School Safety and Security'.
Disposing of the 2019 PIL, the apex court directed the chief secretaries of the states and the Union Territories to ensure compliance.
