PIL before Calcutta High Court after minor school children approached with modelling offers during school dispersal hours

A public interest litigation (PIL) petition has been filed before the Calcutta High Court seeking a Standard Operating Procedure (SOP) to govern dispersal of children after school hours following news reports on a controversial talent hunt outside schools [Vijay Kumar Singhal vs The State of West Bengal and Anr.].The plea was filed following news reports on a series of incidents where minor school going children were approached by burqa-clad persons during school dispersal hours with modelling offers.After being requested by Advocate General SN Mookherjee for two weeks' time to file a report, a bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj listed the matter for November 28, 2022..According to petitioner Vijay Kumar Singhal, the police claimed to have completed an inquiry into the incidents and stated that the persons who approached the children were acting in good faith to recruit children for a fashion show..He stated that he was compelled to file the PIL due to the response of the police not being commensurate to the gravity of the incidents. Further, he claimed that police authorities failed to take into account provisions of Child Labour (Prohibition and Regulation) Rules and of Section 361 (Kidnapping from lawful guardianship) under the Indian Penal Code. (IPC)"The police authorities have acted in a casual manner only in order to close the inquiry without appreciating the extent of the threat that the incidents pose upon vulnerable school going children," the plea stated..Further, the plea claimed that the explanation of the police that the burqa-clad people were simply looking to recruit children for a fashion show was inconsistent with the efforts made by offending persons to avoid identification.Moreover, it said that even seeking to recruit minor children for a fashion show was in complete disregard of Child Labour (Prohibition and Regulation) Rules."...the entire explanation given by the offending persons and the police authorities that this was a mere miscommunication discloses a complete lackadaisical attitude and disregard by the police for the security and safety concerns of the parents for their children," the plea read..Hence, it was contended that intervention of the High Court was necessary given that the matter involves children to whom the State owed the greatest duty of care and also taking into account the fact that police officers failed to give proper regard to the gravity of allegations.Therefore, the plea sought registration of a First Information Report (FIR) regarding the incidents in the news articles and also formulation of a Special Investigation Team (SIT) to supervise investigation. It also sought directions to the State respondents to frame an SOP for dispersal of children from schools in West Bengal..Advocates Phiroze Edulji, Amrita Pandey, Anamika Pandey and Poulami Priyadarshee appeared for the petitioner.[Read Order]