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HIGH COURT OF JUDICATURE AT ALLAHABAD
(COURT NO. 46) ORDER ON THE ORDER-SHEET IN CRIMINAL MISC. WRIT PETITION NO. 15630 of 2006 Vishnu Dayal Sharma Vs. State of UP and others. ............... Hon'ble Amar Saran, J. Hon'ble Shiv Shanker, J. |
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We have heard Shri A.K. Sand, learned Additional Government , Sister Sheeba Jose, Shri Jagriti Singh, Shri Sanjiv Singh, Shri K.K. Roy, advocates and intervenors, a representative of NGO, "Don Bosco Ashalayam," Lucnow and Sri Smitin Brid, Director, in-charge of the NGO Pratham in U.P., Shri D.K. Singh, Joint Registrar, High Court, Allahabad and Smt. Kumud Pal, Deputy Secretary, UP Legal Services Authority. There is also a letter of Ms. Victoria Rialp, Chief, Child Protection from the Unicef Head Office at New Delhi. We have perused the affidavits and documents filed by the respondents and other parties in the petition. Break up of children rescued, and circulars issued by DGP on 22.6.08 and 28.6.08 |
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Basing himself on an affidavit dated 8.8.2008 filed on behalf of the Director General of Police, U.P. Lucknow, Shri A.K. Sand, learned Additional Government Advocate, points out that up to 15.7.2008 a total number of 6675 children out of a total number of 8372 missing children have been recovered and the children, who still need to be traced out are 1697. The figure of 1697 is greater than the figure of 1694 still missing children who have been directed to be traced out by our last order dated 22.5.2008. This increased figure is because between 1.5.2008 and 15.7.2008, 713 more children are reported to have gone missing. Hence for the year 2008, out of the 1224 children who went missing, 543 missing children were recovered during the period 1.5.08 to 15.7.08 and 681 children still remained to be traced out. For the year 2007 out of a total 630 children, who were yet to be recovered on 1.5.2008, now up to 15.7.2008, 125 children have been recovered and 505 remain to be traced out. For the year 2006, out of the 240 children, who were yet to be recovered on 1.5.2008, 18 children were recovered and 222 children remain to be recovered. Age, sex and district wise break up about the missing children have been annexed by means of annexures 1, 2, 3 and 4 . A D.O. letter dated 22.6.08 written by the Director General of Police, UP, (DGP). Lucknow addressed to the Additional Director General, Railways, all Zonal Inspect General, Inspector General, Railways, all divisional Deputy Inspector General, and Deputy Inspector General, Railways, with copies to all SSPs, S.Ps in charge of districts/Railways has also been annexed with the DGP's affidavit, which shows that necessary emphasis has been given to the directions of this Court in the order dated 22.5.2008 for tracing out the remaining 1694 missing children with special emphasis on the missing girl child of very young age. The D.O. letter further indicates that highest priority be accorded to these directions and photographs of missing children with relevant information be published in the daily newspapers and other mass media. All the Circle Officers in the districts, Additional Superintendents of Police and Superintendents-in-charge of districts have been required to make constant evaluation of the efforts in the light of the D.O. letter and to issue necessary directions. The police department has also been directed to give help to other administrative departments in these matters and to coordinate efforts with non-controversial and reputed social organizations and NGOs and a warning has been issued that in case any indifference is shown to these directions, stringent action would be taken against the guilty personnel. There is another letter of the Director General of Police, UP, Lucknow dated 28.6.2008 where again after referring to this Court's orders, it is emphasised that tracing out the missing children is the responsibility of the police, and any laxity in efforts in such matters shall be dealt with sternly. In the district monthly meetings regarding the law and order situation the issue of missing children must also be taken up along with other issues. This letter was circulated to the Additional Director General, Railways, all the Inspector Generals of Police and all the divisional Deputy Inspector Generals of Police of the State for ensuring compliance of the circular. The affidavit certainly reflects the intense concern about the sensitive and heart rending issue shown by the DGP for which he should be lauded and we hope that all subordinate officers shall render all assistance to him for carrying out these directions. There should be no let up in efforts for recovering the remaining 1697 children and other children who may subsequently go missing and that a progress report in rescuing the remaining number of children as well as other children who may go missing subsequently and in complying with the D.G.P.'s D.O. letters dated 22.6.08, and 28.6.08 as well as earlier directions and circulars on this subject shall be furnished to this Court on the next date of listing. Approach of Court - multi-faceted strategy needed for addressing problem of missing children and its push and pull factors
We are emphasising the need to improve the quality of schools to ensure that
education becomes accessible to all children of the eligible age, to see that
mid-day meals and food etc. are available, for economic rehabilitation of very
poor families as these are some of the push factors which drive children away
from their homes. Other push factors, are cruelty and abusive behaviour with the
child in his home area. On the other hand the enticement or kidnapping by child
traffickers, or a child falling in bad company or in the hands of drug
traffickers are some of the pull factors which often cause children to leave
homes and to go missing. We are following this multi-faceted strategy as we
think that both push as well as pull factors need to be comprehensively
addressed if we are to succeed in eradicating the problem of the missing child
at its roots. We also think that a proper monitoring and tracking system of the
rescued child, from the stage of his rescue, to sending him to school and for
ensuring that he continues in school, maintaining computerized records as to
whether school children continue in the school throughout the year or drop out
or migrate, and monitoring the economic rehabilitation of an identified child
labourers family, are all steps needed to break the system whereby children go
missing or become victims of inhuman exploitation. We visualize this tracking
system of a rescued child labour from a hazardous, prohibited employment not
only for child labourers who are born in U.P., but also for such labour who are
brought from outside States to organized employments in U.P. such as in the
carpet industry or in brick kilns, or in other prohibited occupations in U.P.,
and whose economic and educational rehabilitation in their home States must also
be tracked and monitored in a similar manner, if they are able to break out of
this vicious cycle of becoming child labourers vulnerable to trafficking or
exploitation, and to prevent their disappearance from their homes. By direction No. 11 of our earlier order dated 22.5.08 we had suggested consideration by the State government and police department hyper linking of the existing website on missing children with the Home link and other websites set up by the Central Government with the aid of UNICEF, the NGO Don Bosco, and other agencies. In this regard the Additional Director General of Police, Technical Services, Lucknow vide his letter dated 29.7.2008, has informed the DGP that in compliance of the aforesaid direction of the High Court, hyper link facility has been provided to UNICEF and Don Bosco and other NGOs. The reason for our direction was that presently in the U.P. government's website maintained by the police whereas there was information about missing children, but there was no parallel web site containing information about found or unaccompanied children who were located on the streets, or in children's homes or other institutions, (which data was present in the Don Bosco/ Unicef Home link web site) and missing children on the U.P. government and police web site could be searched on this site, till such time as the State government develops its own web site and pool of information about found or unaccompanied children. On the next date of listing we would like information as to whether there is any plan to develop a web site and pool of data of found or unaccompanied children by the State government, and the date when the same is likely to become operative. Also in the meanwhile what steps can be taken by the State government to make the information on the Unicef/ Don Bosco's Home link web site about unaccompanied children more comprehensive, by co-ordinating efforts and securing information of such children also from other organizations working with street children such as Childline or Pratham, and to help secure information from government and non-government organizations about the children present in various homes or even in orphanages. We would also like the Member-Secretary (Legal Services Authority) who is also making a pro-active effort to meet government officials and NGO's and other concerned parties to render assistance and give directions in this matter. Improvement in functioning of U.P. Police web site for missing children and persons: www.up.missing.person.in Another affidavit has been filed by the Deputy Superintendent of Police, Police Headquarters, UP, Allahabad on behalf of the Director General of Police, U.P., Lucknow with regard to direction Nos. 8, 11, 12 and 16 contained in our order dated 22.5.2008. So far as direction No. 8 that a police website of missing children is usually not accessible, it is pointed out that this observation of the Court was communicated to the Managing Director, U.P., Electronic Corporation Limited, Lucknow, which has set up the website www.up.missing.person.in and the functioning of the same has been improved. It was demonstrated to us in our chamber also that the website has started functioning. Steps for direct uploading of data with regard to missing children by responsible NGOs In regard to another direction of this Court for uploading the bulk data so that the other agencies, NGOs could upload the data about missing children and the same could be searched through Google Search Engine or other search Engines, it is pointed out that a letter has been sent by the Additional Director General of Police, Technical Services on 18.7.2008 to the Superintendent of Police, State Crime Record Bureau directing him to provide this facility. This is a very positive response to the Court's suggestions which had been made in earlier orders because the Court was of the view that having only a single window arrangement for uploading data about missing children might prove a very tardy and slow arrangement for uploading such information and that if responsible NGO's and others could also be involved in the process it could expedite this task. We are happy with the State government and DGP's positive response to this suggestion. In this connection Superintendent of Police, SCRB, Lucknow has written a letter on 21.7.2008 to the Managing Director, UP Electronic Corporation Limited asking him to submit a proposal with regard to providing the aforesaid facility as early as possible. The U.P. Electronic Corporation Limited vide its letter dated 30.7.2008 has submitted a proposal for providing the aforesaid facility as desired by this Court. On the next date of listing the Court would like to be given further information about the modalities and progress report on this matter. Progress in setting up public display system So far as direction No. 16 for submitting a progress report about setting up public display systems showing missing children in public places such as railways and bus stations etc. the Chairman of the Committee, I.G. Technical Services, Lucknow has approved the proposal and it is decided that at the initial stage display systems would be installed at Lucknow and Allahabad for trial purposes and after getting the report of the aforesaid trials, the display systems would be further extended to 300 places in U.P. The report of the I.G. Technical Services dated 4.7.2008 has been annexed as Annexure 6 to this affidavit. In pursuance of the aforesaid recommendation of the Committee, the Inspector General (Provisioning and Budget) has forwarded the aforesaid letter of request dated 29.7.08 to the Principal Secretary (Home) for the release of funds as early as possible. We hope the necessary steps shall be speedily taken by the Principal Secretary(Home) and soon we shall have such public display systems which as we have indicated in earlier orders are not only useful for communicating information about missing children, but also about other social problems, such as identities of terrorists or for giving information and issuing warnings to the public about matters of social concern. We would like a progress report on this issue on the next date of listing. |
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Response on behalf of Principal Secretary (Primary Education) and important G.O. dated 30.7.08 by Secretary (Basic Education).
In the affidavit dated 8.8.2008 filed on behalf of the Principal Secretary,
Primary Education, U.P., it has been mentioned that in compliance with direction
No. 3 of the High Court's previous order, for wide publicity of the Government
Order dated 13.5.2008 for taking action against errant Headmasters, Teachers,
Village Pradhans and Village Panchayat Adhikaris, if any child of the ages 6 to
14 years is found not attending school to enforce the fundamental right to free
and compulsory education guaranteed under Article 21-A of the Constitution,
advertisements have been issued in various newspapers including Dainik Jagran,
Amar Ujala and Times of India. Issue of providing a role to parents, civil society groups for monitoring functioning of schools In respect of the 4th direction contained in our order dated 22.5.2008 for providing a role to parents, concerned NGO's and Civil Society Groups, local bodies and individuals for enforcing the Government Orders, to an extent this is covered under the Secretary Basic Education's new G.O. dated 30.7.08 described above. It is further pointed out that detailed instructions have been issued by the State Project Director on 19.7.2008 calling for qualitative improvement in teaching, for involvement of the local community and encouraging participation of parents in the functioning of the schools and for monitoring the education of their children, and that although district coordinators for community participation have been appointed, but they do not appear to be discharging their responsibilities sincerely. How similar this observation is to the indifferent and lackadaisical performance of government officials engaged for doing various tasks or for motivational purposes. Thus it is said that officials and coaches for training participants for the Olympics had no faith that the Indian Olympians could actually win medals, and were treating their jobs as no more than an opportunity for a foreign jaunt, and it speaks volumes for the motivation of the Indian Olympians, that inspite of such attitudes of the officials three Indians won medals including a gold! If our officials and people could show the same level of motivation as the Chinese then there would be no cause for envy of the long string of medals collected by the Chinese. Thus although district co-ordinators have specifically been enjoined to regularly call meetings of the village education committees and for ensuring that all children are enrolled in the schools and special steps are taken for ensuring that deprived sections, scheduled castes, scheduled tribes and minorities go to schools and that other programmes for public awareness for sending the children to schools are organized, instead of performing these allotted tasks, to a large part they are usually engaged in other activities. We suggest that in case there is any laxity in implementing these directions, punitive action be taken against the concerned officials. We find that one suggestion in the previous order dated 22.5.08 which has not been mentioned in the Secretary's G.O. dated 30.7.08 and the State Project Director's letter dated 19.7.08 was the recommendation to involve good civil society groups and NGO's also for monitoring student attendance, presence of schools in different areas and quality of teaching and other issues. As pointed out by intervenor Sri Smitin Brid, Director, Pratham, U.P., Lucknow that there was vast divergence between the number of out of school children as per the figures compiled by the State government compared to the children actually found out of school in the house to house survey conducted by Pratham. Also the number of government schools providing free education in particular areas in Lucknow were vastly below the prescribed norm requiring a school in relation to the distance of the habitation of the child. He also pointed out the absence of community level organizations in urban areas. This point is well taken. Whereas it is possible to conceive of community participation and functioning village education communities in villages (although they may not be a reality in many village areas), in urban areas monitoring of schools can normally only be visualized by education inspectors or by parent-teacher associations if parents can be brought together. Because of the divergent and disunited nature of activities and life in urban communities it is difficult to conceive of effective mohalla level organizations in urban areas overseeing the functioning of urban schools. Here the role of good civil society groups of organizations such as Pratham or Child Line etc. could be very useful for co-ordinating with government departments and for verifying the data of number of schools as against distance from habitations, or teacher or student attendance or quality of teaching etc. in the schools. As the Government is already collaborating with some of these NGOs, there is no reason to suppose that their data will be motivated or unreliable. We therefore desire that some directions be issued on the lines of the circular of the DGP dated 22.6.08 that government will co-ordinate efforts with good and reputed NGOs and civil society groups for tackling such endemic problems of out of school children and for monitoring and improving the quality of learning in schools. On the next date we would like to have the progress report with regard to compliance of these directions including the extent to which the format which has been annexed to the letter of the State Project Director, SSA dated 19.7.2008, (Annexure 3) for collecting and monitoring the said information is being filled up, and the directions are genuinely being implemented. Steps needed for monitoring and improving teacher training In regard to the 5th direction in the previous order for improving teacher training and for improving the quality of teaching in the schools and for evaluating the outcomes of such programmes, it is mentioned that a 15 day in-service training programme for capacity building of all serving teachers has been prepared by the State Council of Research and Training (SCERT) in consultation with Sarva Shiksha Abhiyan, UP and that the Sarva Shiksha Abhiyan, UP proposes to engage an external agency in 2008-09 to evaluate the outcome of such training programmes and that the academic support personnel - Block Resource Centres (BRCs), Nyaya Panchayat Resource Centres (NPRCs) and District Institutes of Eduction and Training (DIETs) educational administrators and officers of the district administration shall conduct random inspections of schools and class room teaching. We would like to see concrete achievement of this objective with necessary feed back on the ground, and not only at the level of plans. A progress report on this aspect may be submitted on the next date. Steps needed for setting up a computerized data bank of all school going children In respect of direction No. 6 to the Principal Secretary ( Primary Education), U.P. to examine the feasibility of the suggestion of the Court to set up a computerized date bank of all school going children of the age group of 6-14 years mentioning the details contained in direction No. 6, including their digitalized photographs for which the State Government had already earmarked a budget of Rs. 12.17 crore for 2007-08, it is pointed out that the condition precedent for creation of a real time computerized data bank would requires electrification of schools. At present most of the primary and upper primary schools do not have electricity connections. The State Government has released a sum of Rs. 164.96 crore in the year 2008 for the electrification of 56,516 primary and upper primary schools in order to ensure the compliance of the various directions. It is further pointed out that the help of NIC is being sought for developing the software for creating the computerized data bank for all school going children of the age group of 6-14 years. We think that the Chief Secretary and the Principal Secretary may consider setting up the aforesaid computerized data bank in the schools in villages which are already electrified, and in urban areas in government or municipal schools on a pilot basis. This would also give a clearer picture of the difficulties in implementing this scheme, and the advantages of having such a computerized data bank available where in a moment information as to attendance or absence of particular students or teachers, or the level of attendance in schools can be seen and monitored and necessary corrective action taken where required. When the mandate of universal school attendance of all children of ages 6-14 is ensured and such a data bank with digitalized photograph of each child is developed it would also help in publicizing information including the photograph of the missing child in news papers or on television channels or on the public display systems (when they become operational) and assist in locating the missing child at the earliest, and considerably check the phenomena of children going missing, whose photographs and details are not even available with their parents. The government could also explore the possibility as to whether such a computerized data bank could be created by using batteries or solar energy or inverters in those villages or in areas where electricity is available for limited periods of time. We would like the government to submit a progress report on all these points on the next date of listing. Comment on response of Bill and Melinda Gate's Foundation to Secretary Education's letter We were a little disappointed that in answer to the letter sent by the Secretary, Basic Education dated 25.6.08 to the Bill and Melinda Gates Foundation, a response appeared to have been given by a lower level official treating the applicant not to be a representative of the largest State of this country, but a minor applicant from an NGO who was seeking an individual grant, and the Secretary was referred to the Foundation's web site. We find however in an annexure filed along with the response sent by the Member Secretary, Legal Services Authority that greater attention was paid to the letter, sent by the Member Secretary, Legal Services Authority as a follow up letter to the letter of the Secretary (Basic Education) about the suggestion of the Court, by the Azimbhai Premji Foundation for help from this organization for setting up a computerized data bank containing data about all school going children, there continuation in school from year to year or dropping out or migrating to other areas. However, we feel that assistance from these organizations are only options to be explored, and ultimately we will have to rely on our own resources to do all that is needed for achieving the goal of universalization of primary education, and look for creative solutions. We are convinced that if our intentions are sincere and our objective is pious we are sure that private level partners, civil society groups or international organizations will duly come forward to join in this effort, as indeed they are coming forward as we are seeing by the response of Don Bosco Foundation, or Child Line or Pratham or Unicef and there is little reason to be discouraged if there is absence of response from one or two organizations at some point in the endeavour to realize this noble goal. Issue of Child Labour, Chief Secretary's important G.O. dated 9.7.08 In respect of direction No. 13 contained in our earlier order dated 22.5.2008 that suitable directions and Government Orders requiring convergence of efforts by district level authorities headed by the District Magistrates (DMs), when cases of impermissible child labour or bonded labour are brought to light by the labour department, co-ordination with the education department to see that the child released from child labour goes to a school where there is proper opportunity for learning, mid-day meals are provided in the school and that some employment is provided to the parents under government or other schemes, as affidavit has been filed by the Deputy Labour Commissioner, Allahabad Region, Allahabad on behalf of Principal Secretary (Labour) UP, Lucknow, which has annexed an excellent circular dated 9.7.2008 issued by the Chief Secretary, U.P. addressed to all the Commissioners and the District Magistrates, which has taken note of the anxieties expressed by this Court in its earlier orders, that a one sided action of only raids and prosecuting employers of child labourers may prove counter-productive when unaccompanied by other steps. This Government Order is in six parts dealing with: (i) identification of child labourers, (ii) their educational rehabilitation, (iii) economic rehabilitation of the families of the child labourers, (iv) realization of compensation from the employers of child labour, (v) directions for prosecutions; and (vi) co-ordination and monitoring of efforts for freeing child labourers. In the first section relating to child labourers and their identification, it is pointed out that under the Child Labour (Prevention and Regulation) Act, 1986, child labour is prohibited in 15 occupations and 57 processes. Under an earlier Government Order dated 28.12.1998, apart from the labour department, officers of other departments such as SDM, Tehsildar, Naib Tehsildar, Block Development Officer, Assistant Development Officer, Basic Education Officer and Assistant Basic Education Officer have all been conferred powers of inspectors under the Act. The District Magistrates were directed to conduct inspections for identifying child labour from time to time with the aid of the aforementioned inspectors. In the inspection note/survey papers, the name of the child labour, his father's name and complete address should be mentioned and any laxity in this regard would be severely dealt with. After the child labourers found engaged in hazardous occupations/processes are removed from the same, they should be immediately produced before the Child Welfare Committees constituted under the Juvenile Justice (Care and Protection) Act, 2000, which should not only ensure that the children are removed from such occupations, but they should also be examined to ascertain the state of their health and for determination of their ages, and that the CMOs have been directed to issue age certificates within 48 hours of a child labourer being rescued. All directions issued by the Child Welfare Committee for the temporary protection of the rescued child should be mentioned in the official departmental record and that the record of the tracking of the child to his family should be kept. Stern steps should be taken for discouraging the industries, which employ child labourers by intelligence gathering and taking steps for raiding those industries especially in areas of concentration of such illegal child labourers after taking the District Magistrate into confidence. With regard to the second direction for educational rehabilitation of the rescued child labourer, the Government Order provides that for the educational rehabilitation of the identified child labour, the list of labourers so identified should be provided to the Basic Shiksha Adhikari/Project Director, State Child Labour Project, within three days so that steps for the educational rehabilitation of the locally based child labour could immediately be taken. The concerned inspector should inquire from the Basic Shiksha Adhikari (BSA) about the enrolment of the child in school. In those cases in which the BSA does not provide the necessary information, such matters should be brought to the notice of the District level Child Labour Eradication Committee, which should consider the steps for educational rehabilitation of the said child labour. In case of children in hazardous and non-hazardous occupations and processes who have been identified, but their educational rehabilitation is incomplete, it should be ensured that by 31.8.2008 their educational rehabilitation is effected and the necessary information is to be communicated to the Labour Commissioner by 1.9.2008. The responsibility for ensuring the educational rehabilitation of the child labourers would lie on the concerned inspector and the BSA. So far as the third direction for economic rehabilitation of the families of the child labourers is concerned, a list of children engaged in hazardous occupations/processes including the address of the families should be communicated to the Chief Development Officer, Rural Development Department, and Urban Development Department within one week of the inspection. The Chief Development Officer will ensure gainful employment to one adult unemployed person from the family of the identified child labourer within one month from receiving such information in the schemes carried out by different departments so that there could be some increase in the income of the family. The concerned local official of the labour department shall contact the CDO and obtain the list of rehabilitated families and make necessary entries in their records. In case the information is not obtained from the CDO or from the other concerned department, the District level Child Labour Eradication Committee will decide its course of action on the matter. For carrying out the fourth objective of realizing the compensation from the employers of child labourers, in accordance of the the decision of the Apex Court dated 10.12.1996 that for each identified child labourer an amount of Rs. 20,000/- shall be realized, including in the manner provided for recovery of arrears of land revenue. It is further pointed out that Rs. 14 crore is still to be realized from the defaulting employers. The work of realization shall be done by the revenue department and the same shall be communicated by the revenue department to the Child Labour Eradication Committee, which shall consider the same in its monthly meeting and priority for such realizations shall be ensured by the District Magistrate, who heads the said committee. The realized amount should be utilized for creating the UP Child Labour Rehabilitation and Welfare Fund Rules, 2000, which is meant to be used for the welfare of rescued child labourers. So far as the fifth direction for prosecutions of the employers of the child labour were concerned, it was provided that effective prosecutions should be conducted in matters which were pending in Courts and that summons and warrants issued by the Courts should be served by the police department expeditiously. All the pending matters for prosecutions in cases of illegal employment of child labour which number about 7700, assistance should be taken from the legal aid societies for the expeditious disposal of these matters. Finally so far as the sixth direction for monitoring and co-ordination of issues relating to child labour, the District Magistrates were directed to regularly conduct the Child Labour Eradication Committee meetings in which the officials from different departments are required to be present as ex-officio members and that better coordination should be made between different departments. With this object the District Magistrates were also directed to take up the matters falling under the Child Labour Act in the monthly meetings with the government pleaders for expeditious disposal of these matters. The Commissioners were required to monitor the schemes for child labourers and the matters of prosecutions in their monthly staff meetings and to take steps for sensitization of the concerned departments and to impose an obligation on them to take effective steps for checking this menace of child labour. We hope that the widest publicity shall be given to this extremely important Government Order dated 9.7.2008 issued by the Chief Secretary and that there shall not be any laxity in implementation of the terms of this circular on part of any department to which this circular is addressed. We also direct that as mentioned in the Circular that Rs. 14 crore which have still not been realized from the employers of the child labourers and 7700 cases relating to child labourers, which are pending in the Courts shall be decided expeditiously and that the District Judges concerned shall also issue necessary directions for realization of the aforesaid amounts and for expediting the prosecutions and disposals in these matters. Progress reports regarding the number of raids by inspectors for identifying child labourers, for showing that the CMO's are getting the medical examinations for age determination conducted within 48 hours of their rescue from hazardous occupations and processes, for showing that the rescued child labourers are enrolled in schools by the BSAs or State Project Directors of SSA, economic rehabilitation of a family member of the child labour is being provided, and other measures mentioned in the Chief Secretary's G.O. dated 9.7.08 should also be mentioned on the next date of listing. As in many cases, children not only from other districts within the State, but also from other States are engaged in hazardous occupations/processes and in many cases they are working in conditions of bonded labour such as in the carpet industry, or in brick kilns or in other banned occupations which are also prohibited under the Bonded Labour Abolition Act and after identification and rescue they need to be sent back to their home places where they can be educationally rehabilitated, and gainful employment provided to a family member in their home place. It is important for carrying out this objective that a tracking mechanism be put in place to ensure that the child labourers actually reach their families in their home places in their States or origin, such as Bihar, West Bengal, Andhra Pradesh or any other States from where the child labour may have come to his place of employment in UP. In this connection we think that the Union Secretary, Labour or in the Ministry of Human Resources Development, Education, Women and Child Development or in the Ministry of Social Justice and Empowerment or other concerned department may consider issuing circulars on the lines of the circular issued by the Chief Secretary, U.P. on 9.7.2008 directing the authorities in different States to ensure that the rescued child labourers are actually rehabilitated and sent to school and an adult member of their family is provided gainful occupation, and that a tracking mechanism is put in place in co-ordination with the district administrations and labour departments in the areas in U.P. where the child labourer engaged in prohibited employments is rescued, for ensuring that the child labourer does not once again go away elsewhere in the absence of rehabilitation measures in his home place to be found in conditions of inhuman bondage or exploitative or abusive child labour. We would like to obtain a progress report on implementation of this direction from the Union Secretaries, Labour, Education, Ministry of Human Resources Development, Ministry of Women and Child Development, Ministry of Social Justice and Empowerment or other concerned department on the next date of listing. Comment on Response on behalf of Principal Secretary (Women and Child Development), U.P. An affidavit has been filed on behalf of the Principal Secretary (Women and Child Development), U.P. Lucknow for submitting a compliance report of directions No. 14 and 15 contained in our order dated 22.5.2008. The said directions relate to a query about the time frame by which the institutions and homes which are required to be set up in all districts under the Juvenile Justice Act 2000 (as Amended in 2006) and the period when the State Commission for Protection of Child Rights are likely to be set up. In this connection the provisions requiring constituting some homes and committees in each district have been indicated in the affidavit on behalf of the intervenor Child Line Allahabad, filed by Sri K.K. Roy, Advocate. One of the problems highlighted in this affidavit was that children in conflict with the law and their families have to face great hardships because of the absence of Juvenile Justice Boards in their own districts and they have to undergo long journeys to distant places for their cases. In fact the position of adult offenders who pray for bail and other reliefs in the districts where they reside or where the crime is committed, stand on a better footing than juvenile offenders who need to travel long distances, and this also results in undue delay in the disposal of their bail and other matters. Sadly, the affidavit on behalf of the Principal Secretary (Women and Child Development) again mentions no details about the time frame when these institutions and homes under the Juvenile Justice Act 2000 (as Amended in 2006) are likely to be set up, and it also reflects the great laxity in setting up the institutions and homes, which are mandated to be set up under the Act. The affidavit only mentions that for constituting Boards in the remaining 53 districts, the State Government has sanctioned 53 posts of Lower Division Clerks and that a committee has been constituted on 23.6.2008 for selection of a Chairperson for constitution of the said Commission for Protection of Child Rights. We hope that these matters will proceed with greater expedition and the Chief Secretary and the Principal Secretary (Women and Child Development) U.P. will be able to tell us the time when the said homes and institutions are likely to be set up as sought for in directions No. 14 and 15 in our earlier order by the next date of listing, and the difficulties in the way of progress in these matters so that we may issue necessary directions and guidelines where possible. We would also like the State government's response to the Affidavit and application filed on behalf of Child Line Allahabad. The Member Secretary, Legal Services Authority may also examine the validity of the points raised by this intervenor, Child Line, Allahabad and submit his suggestions on the next date of listing. Affidavit on behalf of Secretary (Basic Education), giving details of out of school children in Allahabad District and response to the affidavit of intervenor Sheeba Jose about mid-day meals scheme Shri K.S. Shukla, Advocate has also prepared an affidavit on behalf of Secretary (Basic Education ), U.P., Lucknow. The said affidavit was handed over to one of the intervenors Shri Sanjeev Singh, who has given us a photocopy of the same. Let the original copy of the same be brought on record by the next date of listing. This affidavit deals with the situation in Allahabad as one of the intervenors Sister Sheeba Jose had filed an affidavit annexing therewith a sample survey report about the provision of mid-day meals relating to three blocks of Allahabad namely, Shankergarh, Soraon and Koraon. The affidavit of the Secretary (Basic Education) states that in Allahabad district in a survey conducted by the SSA, it was found that there were 6666 children who were out of school. These children were registered in Education Guarantee Centres. Apart from this, 20 Residential Bridge Courses and 35 Non-residential Bridge Courses are being conducted for main streaming of these out of school children. We are not sure about the reliability of this figure and whether all the 6666 children are studying in Educational Guarantee Centres or in 20 Residential Bridge Courses or in 25 Non-residential Bridge Courses as claimed, whether these children are acquiring any real learning in these schools and whether any attempt has been made for evaluating their progress through any independent sources. It is mentioned that action shall be taken when children are found out of schools in violation of the Government Order dated 11.10.2007 and that 54 inspections had been done in the year 2007-08 and that on the inspections 303 teachers were found absent from their duties and disciplinary proceedings have been initiated against those teachers. There should be no leniency in this regard and firm action should be taken against those teachers, who are extracting salaries and not performing their duties. So far as the specific averments about the status of the delivery of mid-day meals in the schools and their quality and quantity as mentioned in the affidavit filed by the intervenor Sister Sheeba Jose is concerned a very vague reply has been given that mid-day meals are being distributed properly. We would like to see better supervision from the District Magistrate and the concerned officials and a better response on this matter on the next date of listing. Sister Sheeba Jose has filed another affidavit wherein she has indicated that she has conducted an Integrated Child Development Scheme (ICDS) survey of 123 Anganwadi Centres of Shankergarh block of Bara Tehsil of Allahabad and pointed out problems relating to the said centres. We direct the District Magistrate, Allahabad to give a hearing to this NGO and also address the problems mentioned in the affidavit and to furnish his response to this affidavit and the steps taken for improving the functioning of the Anganwadi Centres in the district on the next date of listing. Response of Member Secretary U.P. State Legal Services Authority There is also a detailed letter from the Member Secretary, U.P. State Legal Services Authority dated 7.8.08. The said letter mentions that in compliance of this Court's order dated 22.5.2008, the Member Secretary held a meeting with the Chief Secretary, Principal Secretary, Education, Home, the Commissioner, Social Welfare, etc The Member Secretary has detailed the meetings with the Chief Secretary, representatives of the NGOs, Don Bosco, and Pratham, the Commissioner, Social Welfare, Secretary, Women and Child Development and representatives from UNICEF and has reported inter alia that according to the NGO Pratham, there are more than 13,000 children out of school in Lucknow alone. The figure mentioned is greater than the figure provided by the government. We suggest that the education department of the State government should verify the authenticity of the figure given by the NGO Pratham and in case the figures given are found correct, measures should be taken for bringing all out of school children to schools.
The Member Secretary's note also mentions that the District Judges have been
asked to publicise the Government Orders dated 11.10.2007 and 13.5.2008 with the
help of the District Information Officer and also to circulate them widely in
the Literacy Camps, Tehsil Divas and Thana Divas. We would also like wide
circulation of the G.O.s and circulars mentioned in the present order viz. the
DGPs circulars dated 22.6.08 and 28.6.08, the Secretary, Basic Education's
circular dated 30.708, and the Chief Secretary's note dated 9.7.08 on child
labour related issues. We find that some of the information sought by the Member Secretary has been furnished to this Court by means of different affidavits, but we would also appreciate if copies of the said information may also be sent to the Member Secretary, who could then monitor the matter and inform this Court and obtain appropriate directions where necessary. The Member Secretary's letter further mentions that he has clarified to the senior officers that he was made a Nodal Officer in this case essentially for communicating the orders of this Court to the officers, so that they need not rush to Allahabad on each date on small matters as all the government departments, NGOs and their headquarters are located in Lucknow. He is right in clarifying this position. Being an officer subordinate to this Court we see his role as a conduit for communicating the orders of this Court to the officials and departments concerned and for overseeing compliance of the Court's orders. Also the problem of missing children is essentially the result of absence of social justice because of which FIRs and complaints of poor and resourceless parents whose children have gone missing or where children have been enticed away or kidnapped are not recorded, or because there is absence of education or very poor quality teaching or absentee teachers, or where there is hunger in the family which forces a child to seek work outside or to fall in the hands of a child trafficker. We think the Legal Services Authority and subordinate Courts can help this Court address some of these socio-legal problems. But of course we have to keep in mind that the pivotal role for addressing these problems must necessarily lie with the Chief Secretary, the police Chief and other departmental heads, and we also need to congratulate them for their proactive effort in issuing the exceptional government orders and circulars and taking other positive measures described above. The Court would also like to record its appreciation that the suggestions and directions of this Court on this pious issue of uniting missing children with their parents and for dealing with allied areas as to the need to improve the quality of schooling, for ensuring universalization of education, providing mid-day meals, and tackling the question of child labour is being taken in the proper non-adversarial and co-operative spirit envisaged by the Court, by both the police and administrative authorities, and veritably this effort has become a common mission shared by this Court, the Legal Services Authority, the government departments involved, as well as the AGA, the lawyers, civil society and international organizations like the Unicef which have intervened in the matter, and we can state without hesitation that they appear to have become involved in this cause well beyond the mere call of duty. Letter of Ms. Victoria Rialp, Chief, Child Protection, Unicef, New Delhi A letter has also been received from Ms. Victoria Rialp, Chief, Child Protection, United Nations Children's Fund, Unicef House, New Delhi, which mentions that a decision has been taken that Don Bosco will pilot the institutionalization of the Home Link website in Lucknow Division and will provide the technical orientation to the Child Welfare Committees, Juvenile Justice Boards and the police department and the Government has agreed to replicate the innovation using its own funds following a successful demonstration of the same for a window period of 3 to 6 months. We are of the view that this is a very positive outcome of the intervention of this Court and we record our appreciation of the support of the UNICEF to the State Government and U.P. police in this laudable venture. We would like to be apprised of the progress of this collaborative effort of the Home Link web site of Don Bosco and Unicef and the State Government/ U.P. police on the next date, and also about the efforts made by the State government to replicate the innovation. Compliance Report by Sri D.K. Singh, J.R., Allahabad High Court A compliance report has also been submitted by Shri D.K. Singh, Joint Registrar, Allahabad High Court. The reports from all the districts have been received, but all the entries could not be completed because of the handicap of shortage of office staff. We hope that the information which has been received after 1.7.2008 and 1.9.2008 in cases where the information was not earlier received will now be mentioned in the register that is being maintained in the High Court about the monitoring of legal aid by the different Legal Service Authorities in various districts, and we hope that there will be a more effective compliance of this direction contained in our order dated 22.5.2008 on the next date of listing. Disappointment with co-operation of District Judges in furnishing legal aid However, it would be important to point out that we are a little disappointed that the reports of the District Judges are silent about the details sought in the proforma especially with regard to the date of placing of the matters before the District Monitoring Committees, the difficulties faced in providing legal aid in matters relating to missing children and other allied matters and the dearth of additional suggestions, which could have reflected a more proactive concern of the District Judges and the subordinate judiciary to the cause of giving legal aid to the parents of the missing children and the needy, beyond a mere ritualistic compliance with our orders. When we began monitoring the matter in the initial orders we had recommended presence of lawyers giving legal aid in the cells for missing children to be constituted in important police offices in each district, who could also tackle other problems of the under privileged who are unable to access legal services. Regretfully we must note that the officers of the police department and the State Government appear to be showing far more sincerity in complying with the orders of this Court than our own subordinate judiciary and we hope that the District Judges will take note of the observations of this Court and furnish much better particulars in future with regard to further information about missing children, efforts for rescuing them, and other related areas where legal aid is needed for providing access to justice especially for the poor and indigent. Disappointment with lack of response from Central Government In marked contrast to the proactive role being played by the State government in this matter we must express our great distress at the utter lack of response and involvement displayed by the Central Government to this all important matter of empowerment and protection of our children, who are the most important assets for the future of our nation. The bill for giving operational teeth to the fundamental right for free and compulsory education for children aged 6 to 14 years under Article 21 A which was introduced by Parliament in 2002 (by the 86th Amendment Act) appears to have been put in limbo, although 6 years have elapsed since the passage of the Amendment Act. We would like to be informed by the Secretary, Education, or other concerned department about the time frame when the said Act is likely to be taken up and passed by Parliament. Unlike the U.P. government which has been issuing the circular letters and G.O.s dated 10.7.07, 13.5.08, 30.7.08, and 9.7.08 for enforcing the fundamental right for free and compulsory education for children of the eligible age, the Union government who should have been playing the central role in enforcing Article 21 A of the Constitution has not even cared to issue any Government Orders for enforcing the said fundamental right. Even though two months' time has been given by our order dated 22.5.08 whereby we had sought a response from the Central Government about the progress of setting up of a national level website by the Ministry of Women and Child Development in collaboration with UNICEF, but today only a junior of Shri K.C. Sinha has appeared and has informed the Court that there was even no reply of the Centre to the letter sent to it by the Assistant Solicitor General. We hope that on the next date, we would get a better response from the Central Government and would not be compelled to make any adverse observations or to summon the Secretary concerned for failing to respond to the Court's queries in these matters or with regard to our directions for setting up a similar machinery as proposed by the Chief Secretary U.P. by the Government Order dated 9.7.2008 for issuance of directions to all the State Governments for rehabilitating the rescued child labourers, sending them to schools and for providing employment to adult members in their families. We would also like the intervention of the Chairperson, National Commission for Protection of Child Rights for ensuring compliance of these directions by the Central Government. Let copies of this order and relevant documents be sent/given by the Registry at the earliest to the Chief Secretary, U.P.; the Principal Secretary, Govt. of U.P: Labour; Primary Education; Women and Child Development; Home; Commissioner, Social Welfare; Member Secretary, State Legal Services Authority; concerned District Judges; Director General Police, U.P., Lucknow; District Magistrate, Allahabad; Sri A.K. Sand, A.G.A.; Sri K.S. Shukla, Counsel for Secretary (Basic Education), U.P.; Additional Solicitor General, Govt. of India, Sri Ashok Nigam; Additional Solicitor General, Govt. of India, Sri K.C. Sinha; Union Secretary: Ministry of Women and Child Development; Education; Ministry of Human Resources Development; Ministry of Social Justice and Empowerment; and Labour, Govt. of India, New Delhi; Chairperson, National Commission for Protection of Child Rights, New Delhi; Ms. Victoria Rialp, Chief, Child Protection, UNICEF, New Delhi; Child Protection Officer, UNICEF, Lucknow; the intervenor Don Bosco Ashayalam, Lucknow; the intervener Child Line Allahabad through Sri K.K. Roy; the intervenor Sri Smitin Brid, State Director Pratham, Lucknow; Advocate intervenors, Jagriti Singh and Sanjeev Singh/ Sister Sheeba. On the next date the name of Sri K.S. Shukla be also shown on the list.
List this case on 17.10.08 for receiving compliance reports, appropriate
responses and for further orders.
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