HHRC seeks reports from Haryana Police, WCD Department on assault of children at CCI

Chandigarh, Jul 7 (PTI) The Haryana Human Rights Commission has sought reports from the state police chief, the Women and Child Development Department and others over alleged physical assault and verbal abuse of two children at a child care institution in Karnal, an official order said. In the order dated July 2, Haryana Human Rights Commission (HHRC) Chairperson Justice Lalit Batra said the matter not only concerns violence against the two children, but also raises serious concerns regarding the safety and protection mechanisms in a state-run child care institution (CCI). The order was based on a complaint received by the commission in the matter. According to the complaint, two boys were residing at the Place of Safety (Bal Sudhar Kendra), Madhuban, Karnal, pursuant to the orders of the Juvenile Justice Board. The complainants have alleged that two staff members of the CCI, Gurlal and Pradeep, brutally assaulted the children with pipes and belts, inflicting multiple injuries on their bodies. Following the incident, the two children were taken to the Civil Hospital, Kunjpura, for a medical examination and multiple injuries were recorded in their medico-legal reports (MLRs), the complaint said. It has also been alleged that despite the matter being reported to the Madhuban police station, no effective action has been taken so far. The complainants have not been informed whether any FIR has been registered or, if so, about its present status, it said. In his order, Justice Batra observed that the allegations made in the complaint are of an extremely serious nature. If found to be true, the matter would not merely concern violence against two children, but would also raise serious concerns regarding the safety and protection mechanisms in a state-run CCI. The HHRC said that children placed in a Place of Safety remain under the protective custody of the state, and the state and its officials stand in loco parentis, assuming the role of guardians. Consequently, it is the constitutional and statutory responsibility of the state to ensure that every child is protected against violence, abuse, neglect and degrading treatment, it said. Justice Batra further observed that the objective of such institutions is to ensure the care, protection, rehabilitation, dignified living and the promotion of the best interests of children. Therefore, any act of physical assault or cruelty against children residing in a CCI is contrary to the very spirit and objectives of the juvenile justice system, he said. The HHRC directed the director general of police to submit a report indicating the status of the complaint, whether any FIR has been registered, the present status of the investigation and to submit copies of the medico-legal reports, treatment records and statements of the victims. It also sought a detailed report from the Women and Child Development Department, containing the names and designations of the officials posted at the Place of Safety, Madhuban, at the relevant time, along with the duty roster, and details of any departmental or disciplinary proceedings, if initiated against the concerned delinquent officials. The superintendent, Place of Safety, Madhuban, has also been directed to submit a detailed account of the alleged incident, to preserve the CCTV footage of the relevant period and produce it before the commission through a special messenger in a pen drive or hard disk well before September 3, the next date of hearing. Justice Batra said that if the allegations are substantiated, then the matter would not merely disclose individual misconduct, but may also indicate systemic deficiencies in the administration, supervision and accountability of an institution entrusted with the care and protection of children. Referring to Articles 14 and 21 of the Constitution of India, the HHRC reiterated that every individual is entitled to equality before the law and the right to live with dignity. The right to life under Article 21 necessarily includes the right to live free from torture, cruelty and inhuman or degrading treatment, it said. The Haryana Human Rights Commission further observed that Articles 39(e) and 39(f) of the Constitution of India impose an obligation upon the State to ensure that children are protected against exploitation and abuse and are provided an environment conducive to their development in condition of freedom, dignity and security. The Commission also noted that the Juvenile Justice (Care and Protection of Children) Act, 2015 is a welfare legislation founded upon the principles of the best interests of the child, dignity, safety, rehabilitation and restoration. PTI SUN DIV