DCPCR refutes in HC NCPCR allegations against Harsh Mander-linked kids' homes

New Delhi: "It is unclear from the provision how protesting against the government's policy decision and holding poor and even incorrect opinions about the Government can be termed as illegal," was one of the findings of Delhi Commission for Protection of Child Rights (DCPCR) about two childcare homes established by the New Delhi-based Centre of Equity Studies (CES), linked to activist Harsh Mander.

The child rights body has filed an affidavit to the Delhi High Court in which they have contradicted claims made by National Commission for Protection of Child Rights (NCPCR) related to Harsh Mander associated CCIs.

Earlier in January 2021, NCPCR took cognizance of a complaint regarding violation of the JJ Act in two CCIs established by the Centre for Equity Studies (CES). They have also conducted inspections at two homes and claimed gross violations inside homes. NCPCR report alleges that the children have been encouraged to participate in protest against the Government on the issue of anti-CAA, NRC

"The Court may take note of the fact that DCPCR is concerned about such reckless observations and conclusions drawn by NCPCR because it threatens the independent, impartial, neutral and sane nature that the child rights commission ought to exhibit," DCPCR wrote in affidavit.

The child rights body said they cannot be mediums for advancing a political ideology, subversion of democracy and punishing people for holding opinions, however different or inconvenient.

All citizens including children are well within their right to know, discuss, debate on any issue facing India and form their own conclusions. The fear expressed by the NCPCR is rooted in the belief that children are stupid, have no agency and cannot think at all. DCPCR vehemently opposes such a belief and expects greater dignity be accorded to children.

Post the NCPCR's inspection, three statutory bodies have conducted inspections. District Inspection Committee (DIC) conducted inspection on October 6, 2020 and February 24, 2021 with a view to consider the application of renewal of registration of the one of the CCIs. The DIC recommended for renewal of licence favourably. The Child Welfare Committee-II, South Delhi District also conducted its inspection on December 23, 2020.

The NCPCR in their report wrote that "It is necessary to highlight these multiple sources of funding to these Homes, for the reason that, while conducting the inspection of these Homes, NCPCR had noticed many violations of JJ Act, 2015 and JJ Rules, 2016 and that in comparison to the funds being received for the benefit of the children, the upkeep of the Homes and the condition of the children was deplorable."

Meanwhile, DCPCR said clearly, NCPCR does not understand how NGOs fund themselves, and rarely does any NGO have a single source of funding for their operations. The reason that DCPCR feels aggrieved by this jurisdiction over breach by NCPCR is that it will result in precedents encouraging other commissions to go down this route.

The NCPCR report states that it came to know that there have been various instances related to child sexual abuse in the said Children Home in 2012, 2013, and 2016.

As per affidavit the study of report in files of three children, it has come out that the incident had taken

place in November 2012. However, an FIR was registered by the CCI, UAG, after direction for the same by CWC. The matter was heard by the High Court of Delhi and the orders passed by the Delhi High Court in favour of the 3 children, who were the victims of sexual abuse in question here, were placed back under the care of the CCI, one of the CCIs for boys. The copies of concerned files have been sent to DWCD for further perusal.

Affidavit further said that, regarding child sexual abuse cases at one of the CCIs in 2013 and 2016, it has been reported that FIRs had been registered by the staff members of the Home, UAG, in both these cases as reported by the CCI. The CWC was kept informed and actions were taken in consonance with the CWC and JJB directives.