MANY STEPS NEEDED TO PROTECT RIGHTS OF VULNERABLE CHILDREN By Anil Malhotra

MANY STEPS NEEDED TO PROTECT RIGHTS OF VULNERABLE CHILDREN

BY ANIL MALHOTRA

At a time when rampant abuse of children in child care homes was reported by the media exposing lax administrative control and failure of implementation of child care laws, child rights were in doldrums in northern territories in 2012. Only a miniscule number of registered children shelter homes existed. Unregistered homes flourished with impunity. Despite child protection laws, multiple unchecked malpractices and abuse of children went ignored. Administrative authorities had turned a deaf ear, children suffered in silence, unnoticed and officially ignored. Abuse of children in orphanges, dubious adoption practices and unchecked child abuse was widespread. Horrors suffered by children in infamous Apna Ghar case in 2012, investigations by CBI appointed by High Court & convictions of its care takers were eye openers. The author as Court Commissioner was privileged to assist this benevolent exercise. But, this endeavour remained oblivious to future reforms. Today, in 2026, again stringent measures are again needed for effective protection of children from sexual offences.

India participated in UN General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children and India acceded to Convention on Rights of Child (CRC) in 1992. CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention. In order to ensure protection of rights of children, India enacted a National Charter for Children, 2003. The 2002 UN General Assembly Special Session on Children adopted an Outcome Document titled "A World Fit for Children" containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade. To give effect to policies adopted by Government, standards prescribed in CRC, and all other relevant international instruments, Commission for Protection of Child Rights Act, 2005 (CPCRA) was enacted by Parliament to provide teeth and implement the UN Convention. CPCRA is an Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. Sadly, this remained on paper.

Despite the Punjab & Haryana High Court in 2014 having categorically directed State Governments to constitute Commissions for Protection of Child Rights, the lethargy on behalf of the administration to proceed forward was alarming. The development and setting up of a protective child rights enforcement machinery in the tenure of Hon’ble Chief Justice of India Mr. Surya Kant, as an Hon’ble Judge of the Punjab and Haryana High Court has been laudable. In a series of continuing Orders passed from 2012 to 2018 by his Lordship in the matter of Bachpan Bachao Andolan [BBA], the constitution of Commissions for Protection of Child Rights in Punjab, Haryana and Chandigarh was effectively implemented. Besides, the constitution of Selection Committees under the Juvenile Justice Act headed by Judges to make selections of Child Welfare Committees and Juvenile Justice Boards by specialist Committees, was also effectively achieved by a string of Orders passed by his Lordship. The consistent follow up by Hon’ble Mr. Justice Surya Kant at the High Court for almost six years resulted in the State Governments constituting appropriate forums to redress child rights which were previously in oblivion.

The author as Amicus Curiae had also assisted the High Court for other appropriate directions for registration of Children Homes, designation of specific Children’s Court with Special Public Prosecutors. The salutary directions of the High Court resulted in State Governments constituting the desired machinery in motion for protecting rights of vulnerable children.  Court mandates requiring immediate remedial measures for improvement and effective functioning of child care institutions was noteworthy. A comprehensive Child Rights Protection regime came into being through noteworthy directions by Hon’ble Justice Surya Kant in his tenure at the High Court. This endeavour through High Court gave Child Rights Law a new face. The sensitivity, need for care and concern within legal frameworks which existed on paper was implemented by the Court.

Today’s children constitute tomorrow’s future. In 2026, a fresh initiative is needed. On another note, sad, but true, we are still not protecting our children. Our future may be in jeopardy. Offences of molestation, rape, wrongful confinement, criminal intimidation and immoral trafficking have been reportedly registered against offenders. A plethora of laws exist to protect child rights. Protection of Children from Sexual Offences Act, 2012 (POCSO) is a deterrent law. The non obstante clause in Section 19 POCSO, in a child-centric approach mandates an obligation to promptly report any information of child abuse regardless of protection for public servants. Salutary protections of POCSO override procedural protections. Sensitization of child rights, appointing Ombudsmen to protect children and above all providing special care to their privileges is the clarion call of the day. Lethargy, indifference, tardiness and insensitivity to protection of children must end. Callous treatment of children should be penalised by social ostracization of child offenders as law alone is not the remedy.

Once Child offenders are apprehended, speedy trials of offences against children or of violation of Child Rights must be ensured in Children’s Courts set up under CPCRA. This can prevent recurrence of organized children related offences. A vigilant State Commission for Protection of Child Rights both as a watch dog and as an investigator can serve a very significant role in removal of problems of children in difficulty. Hence, only if the issue of children in trouble is taken out from the general stream of treatment and handed over to Child Specialists to start with and monitor/overlook it from the outside, can the necessary attention, time and energy be devoted to this highly sensitive issue of problems of children. Unfortunately Child Right Commissions are non-functional or with no performing results.

Children go missing, are abused or are maltreated in silence. It may be suggested that not only the police or the investigating authorities should be solely responsible for identifying the children in distress, whose cases have been reported in the police stations, rather even the public bodies, NGO’s, State Legal Services Authorities within their territories in India should be made a part of the support services as that would help and speed up the investigation process making it possible for the children in distress to be helped. If all the authorities at all levels i.e. Village, District, State and Centre in their respective jurisdictions, including the public bodies work together to identify the children in distress, it will not be very difficult to solve their problems. We have to work seriously to save our children and if we do not, no one else will do it.     

Author Senior Advocate had assisted the Court as Amicus Curiae.

www.anilmalhotra.co.in