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2014 DIGILAW 1293 (SC)

Bachpan Bachao Andolan v. Union of India

2014-11-25

A.K.SIKRI, H.L.DATTU, MADAN B.LOKUR

body2014
ORDER : IN RE: STATE OF KARNATAKA Pursuant to the directions issued by this Court on 16.10.2014, Shri Kanshik Mukherjee, Chief Secretary, Karnataka, is present before us. 2. In the affidavit filed by the Chief Secretary, Karnataka, dated 17.11.2014, they have annexed "Annexure R-1", indicating the number of ‘Child Missing Cases' registered and traced out for the years from January, 2013 to December, 2013 and from January, 2014 to October, 2014. 3. Insofar as the period from January, 2013 to December, 2013 is concerned, they have stated that the number of ‘Child Missing Cases' were 3651 and they could trace out only 3197. That would mean that more than 450 children are still missing. 4. Insofar as the period from January, 2014 to October, 2014 is concerned, they have stated that number of missing children were 2523 and number of traced children are 1741. This shows that, another, more than 700 children are still missing. 5. Shri Basava Prabhu S. Patil, learned senior counsel would submit that the Chief Secretary and other officers will make all efforts to trace out the missing children for the years 2013 and 2014 in six weeks' time and file an appropriate affidavit before this Court. The assurance made before us is placed on record. 6. The presence of the Chief Secretary of the State of Karnataka is dispensed with until further orders. 7. List the matter on 13.01.2015. IN RE: STATE OF TRIPURA 8. Pursuant to this Court's order, dated 16.10.2014, Shri Kameswara Rao, Chief Secretary, Tripura is present before us. 9. We have looked into the counter affidavit filed by the Resident Commissioner, Tripura, dated 18.11.2014. 10. Shri Phoolka, learned senior counsel appearing for the petitioner brings to our notice the information furnished by the State of Tripura to Rajya Sabha through the Ministry of Home Affairs. In the said information, it is stated that for the year 2013 there are about 486 missing children and for the year 2014, the same is about 187. However, in the counter affidavit filed before this Court, it is stated that there are only about 76 missing children in the period from May, 2013 to October, 2014 and the number of children that have been traced is about 50. 11. However, in the counter affidavit filed before this Court, it is stated that there are only about 76 missing children in the period from May, 2013 to October, 2014 and the number of children that have been traced is about 50. 11. Having gone through the given information as well as the counter affidavit, we are of the opinion that there is a huge variation between figures furnished to the Rajya Sabha and the figures furnished before this Court. This variation requires to be properly explained by the Chief Secretary, who is present before us. We grant another one day's time from today to facilitate the Chief Secretary to file an appropriate affidavit before this Court. 12. List the matter tomorrow, that is, on 26.11.2014, regarding the matter pertaining to the State of Tripura. 13. The Chief Secretary, Tripura, shall remain present before this Court on 26.11.2014 as well. IN RE: STATE OF ODHISHA 14. In the affidavit filed by the State of Odisha, dated 10.11.2014, they have furnished the following figures regarding missing children and the number of children traced/rescued. The same reads as under: Year No. of missing children No. of children traced/rescued 2011 2170 378 2012 3511 1331 2013 2747 2059 15. A bare perusal of the same would clearly demonstrate that the State is doing nothing to trace out the missing children. We say so for the reason that in the year 2011, the number of missing children was 2170, but the State could trace out only 378 children. This, in our opinion, is a dismal performance of the State Government. 16. Therefore, we direct that an appropriate affidavit by the Chief Secretary and the Director General of Police, Odisha, indicating the possible steps that they would be taking to trace out the missing children for the years 2011, 2012, 2013 and 2014, be filed before this Court on or before 13.01.2015. 17. The Chief Secretary and the Director General of Police, Odhisha shall remain present before us on 13.01.2015. IN RE : STATE OF PUNJAB 18. Learned counsel for the State of Punjab is directed to file an appropriate affidavit, as of today, inter alia, indicating the number of complaints received regarding missing children and the number of children having been traced by them. 19. Call the matter on 13.01.2015.