SUPREME COURT OF INDIA
Altamas Kabir, CJI., Vikramajit Sen and S.A. Bobde, JJ.
Bachpan Bachao Andolan – Appellant
Vs.
Union of India (UOI) and Ors. – Respondents
Writ Petition (Civil) No. 75 of 2012 and Contempt Petition (C) No. 186/2013 in Writ Petition (C) No. 75/2012
Decided On : 10.05.2013
Criminal Procedure Code 1973 - Section 154 - First Information Report - Legal Services – Complaining of the manner - Learned advocate that Para-legal volunteers who have been recruited by Legal Services Authorities should be utilized so that there is at least one paralegal volunteer, in shifts in police station to keep a watch over manner in which complaints regarding missing children and other offences against children are dealt with An element of doubt has been raised on behalf of the State of Madhya Pradesh regarding the recording of First Information Report relating to a missing child having regard to provisions of Section 154 of the Code of Criminal Procedure, 1973 Code of Criminal Procedure for which relates to information in cognizable cases court do not, however see any difficulty in orders which court have already passed – Held, Anti-Human Trafficking Unit shall file periodical status reports after every three months to keep Legal Services Authorities updated - It may also be noted that in cases where First Information Reports have not been lodged at all and child is still missing, an F.I.R. should be lodged within a month from date of communication of this Order and further investigation may proceed on that basis - Once a child is recovered police authorities shall carry out further investigation to see whether there is an involvement of any trafficking in procedure by which child went missing and if on investigation such links are found police shall take appropriate action thereupon - State authorities shall arrange for adequate Shelter Homes to be provided for missing children who are recovered and do not have any place to go to - Such Shelter Homes or After-care Homes will have to be set up by State Government concerned and funds to run same will also have to be provided by State Government together with proper infrastructure - Such Homes should be put in place within three months latest - Any private Home, being run for purpose of sheltering children shall not be entitled to receive a child unless forwarded by Child Welfare Committee and unless they comply with all provisions of Juvenile Justice Act, including registration - Having regard to order passed herein contempt proceedings, which have been initiated by Petitioner are dropped - In event all States have not yet filed their status reports time for filing same is extended till next date As has been pointed out by Learned Counsel appearing on behalf of Petitioner, an Office Memorandum was issued Ministry of Home Affairs Government of India, by way of an advisory on missing children and measures needed to prevent trafficking and for tracing of such children - In said Office Memorandum a missing child has been defined as a person below eighteen years of age whose whereabouts are not known to parents legal guardians and any other person who may be legally entrusted with custody of child whatever may be circumstances/causes of disappearance – Order accordingly
ORDER :
1. The contempt proceedings, which have been initiated by the Petitioner, are dropped.
2. Let this matter be listed again after three months.
3. This matter has been listed pursuant to the direction given on 26th April, 2013, when the contempt petition filed in the writ petition by the Petitioner, complaining of the manner in which a complaint made regarding a missing child was sought to be handled by the concerned police station, was being considered. It has also come up on account of the other directions which had been given for implementing the various provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended in 2006 ['Juvenile Act', for short].
4. On 17th January, 2013, when this matter came up for consideration, we had given an interim direction that in case a complaint with regard to any missing children was made in a police station, the same should be reduced into a First Information Report and appropriate steps should be taken to see that follow up investigation was taken up immediately thereafter.
5. An element of doubt has been raised on behalf of the State of Madhya Pradesh regarding the recording of First Information Report relating to a missing child, having regard to the provisions of Section 154 of the Code of Criminal Procedure, 1973 ['Code of Criminal Procedure', for short], which relates to information in cognizable cases. We do not, however, see any difficulty in the orders, which we have already passed. We make it clear that, in case of every missing child reported, there will be an initial presumption of either abduction or trafficking, unless, in the investigation, the same is proved otherwise. Accordingly, whenever any complaint is filed before the police authorities regarding a missing child, the same must be entertained under Section 154 Code of Criminal Procedure. However, even in respect of complaints made otherwise with regard to a child, which may come within the scope of Section 155 Code of Criminal Procedure, upon making an entry in the Book to be maintained for the purposes of Section 155 Code of Criminal Procedure, and after referring the information to the Magistrate concerned, continue with the inquiry into the complaint. The Magistrate, upon receipt of the information recorded under Section 155 Code of Criminal Procedure, shall proceed, in the meantime, to take appropriate action under Sub-section (2), especially, if the complaint relates to a child and, in particular, a girl child.
6. On the last occasion, when the matter was taken up, we were informed by some of the States that the directions, which we had given in our Order dated 17th January, 2013, had been duly implemented and affidavits to that effect have also been filed. Some of the information given therein is seriously objected by Mr. H.S. Phoolka, Learned Counsel appearing for the Petitioner. In any event, even if the figures shown are incorrect, in order to rectify the situation, we are inclined to accept the suggestion made by Ms. Shobha, learned advocate, appearing for the National Human Rights Commission, that each police station should have, at least, one Police Officer, especially instructed and trained and designated as a Juvenile Welfare Officer in terms of Section 63 of the Juvenile Act. We are also inclined to accept the suggestion that there should be, in shifts, a Special Juvenile Officer on duty in the police station to ensure that the directions contained in this Order are duly implemented. To add a further safeguard, we also direct the National Legal Services Authority, which is being represented by its Member Secretary through Ms. Anitha Shenoy, learned advocate, that the para-legal volunteers, who have been recruited by the Legal Services Authorities, should be utilized, so that there is, at least, one paralegal volunteer, in shifts, in the police station to keep a watch over the manner in which the complaints regarding missing children and other offences against children, are de
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