Children's homes run by Harsh Mander entities: National, Delhi Child Rights Commissions take contradictory stands in Delhi High Court

The National Commission for Protection of Child Rights (NCPCR) and the Delhi Commission for Protection of Child Rights (DCPCR) have taken contradictory stands before the Delhi High Court in a petition filed by two children's homes run by an entity associated with social activist Harsh Mander (Umeed Aman Ghar for Boys v. National Commission for Protection of Child Rights)..The two children's homes had challenged an inspection report of the NCPCR which claims to have found several violations, including children being taken to Jantar Mantar for protests against the Citizenship Amendment Act (CAA). The petition before the High Court challenged the inspection report dated October 1, 2020 submitted by the NCPCR with regard to the two children's homes..The NCPCR pointed out violation of child rights, as taking children to protest sites was prima facie a violation of Section 83(2) of the Juvenile Justice Act, 2015.Among the many violations cited, NCPCR said there were various instances of child sexual abuse within one of the homes in 2012, 2013 and 2016.“The response given by the staff and in-charge of the home regarding this matter has been observed to be misleading and incorrect which is a serious violation and offence,” it stated..Following a "thorough inspection" of the homes on October 1 last year, NCPCR said there were various other violations, including financial irregularities, as the homes' were reluctant to disclose sources of funding and other relevant documents to the inspection team..DCPCR, on the other hand, stated that post the NCPCR inspection, three statutory bodies, namely the District Inspection Committee (DIC), the Child Welfare Committee-II (South), and the State Inspection Committee (SIC) had carried out inspections.“It is clear from four inspections of three statutory bodies that the NCPCR observations, except on some specific shortcomings, lack substance and merit. They are not borne out by the evidence,” the DCPCR stated in its affidavit.The DCPCR also accused the NCPCR of breaching its jurisdiction and authority. Its affidavit stated, “The NCPCR sought to examine the funding details of the children home. The DCPCR acknowledges that there must be complete transparency and integrity of the funding, however submits that the subject is outside the purview of the National/State Commission for Protection of Child Rights."“This is problematic for three reasons. Firstly, it takes away the attention of the Child Rights Commission from the core issues of the children’s welfare. Secondly, it leads to Commissions assuming to themselves a power that they do not possess. The balance of democracy rests in institutions doing their respective jobs and not usurping each other's powers or roles,” it stated..Referring to the provision of the Juvenile Justice Act cited by NCPCR for the alleged violation in relation to the Jantar Mantar protests, the DCPCR said, “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.”“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,” it added..[Read the NCPCR affidavit].[Read the DCPCR affidavit].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.