NCPCR asks all states to prevent illegal transportation of children

New Delhi, May 4: The National Commission for Protection of Child Rights (NCPCR) has asked Chief Secretaries/Administrators of all states and Union Territories to prevent illegal transportation of children.

In a letter issued on Friday to the Chief Secretaries/Administrators, the NCPCR said that recently 95 children were rescued and it was found that they had been attending unregistered madrasas in the Saharanpur District of Uttar Pradesh.

They disclosed that they were coerced into carrying bricks, cleaning toilets, and endured physical and mental abuse.

Instead of attending formal schools, these children were confined to the madrasa.

It appears that in the name of religious education, the children were deprived of their Fundamental Rights given under the Constitution and the Right to Education (RTE) Act, 2009.

Section 3 of the Act provides to every child of the age of 6 to 14 years the right to free and compulsory education in a neighbourhood school till the completion of elementary education.

However, as per the reports, the children were not sent to any formal school and subsequently were devoid of their right to benefit from the entitlements given under the RTE Act, 2009, an official said.

On April 26 this year, these 95 children were rescued while allegedly being illegally transported from Bihar to Uttar Pradesh.

The Uttar Pradesh State Commission for Protection of Child Rights (UPSCPCR) rescued the children in Ayodhya and presented them before the Child Welfare Committee (CWC).

Following counseling sessions, orders were issued to relocate these children to the Government Children's Home for Boys in Lucknow.

The commission said that instances where such religious institutions are found to be fundraising in the name of children and illegally transporting them could potentially amount to child trafficking and may attract the provisions of Juvenile Justice Act, 2015, Section 370 of the Indian Penal Code (IPC) and Section 370 of the IPC.

The NCPCR in its letter stated that whoever, for the purpose of exploitation, recruits, harbours, transfers or receives a person, commits the offence of trafficking.

In accordance with the mandate outlined in Section 13 (1) of the Commissions for Protection of Child Rights Act, 2005, the commission recommends that states must ensure that all children in the age group of 6-14 years are enrolled in neighbourhood schools and receive formal education.

In its recommendations to the states the NCPCR asked to ensure that in all such cases where it is found that money is being raised in the name of children and children are illegally taken from one place to another, the concerned Investigating Officer may consider action in light of the Juvenile Justice Act, 2015 and Section 370 of the Indian Penal Code.

They also asked states to issue necessary directions to the District Collector/Magistrate of all Districts in state/UT to enhance vigilance in their respective districts, thereby preventing the illegal transportation of children between locations.

Additionally, the District Child Protection Unit (DCPU), Anti-Human Trafficking Unit (AHTU), and Special Juvenile Police Units (SJPU) should be instructed to conduct routine inspections and monitoring to deter such occurrences.

The compliance of the above recommendations may be send to the commission within 15 days of issue of the letter, the official added.