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Sikkim High Court · body

2018 DIGILAW 9 (SIK)

In Re : Missing Children v. .

2018-03-12

BHASKAR RAJ PRADHAN, MEENAKSHI MADAN RAI

body2018
JUDGMENT : 1. Vide Report dated 04-11-2017, taken up on 08-11-2017, the Senior Superintendent of Police, Crime Branch, CID, submitted details of missing children, as well as missing children who were traced out and restored to their parents. 19 (nineteen) children were found to be missing for the last several years. 2. This Court on 08-11-2017 directed the State to detail steps taken for recovery of the children, the Member Secretary, Sikkim State Legal Services Authority (SSLSA) was also directed to monitor the progress and efforts being made by the Crime Branch. 3. The SSLSA filed its response on 21-11-2017 and was taken on record by this Court on 24-11-2017. The Report apart from listing the names of 18 (eighteen) missing children suggested that matters pertaining to missing children should be transferred to Anti-Human Trafficking Unit (AHTU) of the Crime Branch within twenty-four hours of the registration of the case. On 24-11-2017, the State Government was directed to file response to the suggestions put forth by the SSLSA while the Social Justice Empowerment and Welfare Department, Government of Sikkim (for short “Social Welfare”) was to furnish details of funds provided to the private Shelter Homes, along with break-up of the funds and other relevant necessary details. 4. Vide Report on behalf of the Chief Secretary and Director General of Police, dated 08-12-2017, taken up on 14-12-2017, the Senior Superintendent of Police, Crime Branch, while giving details of the 19 (nineteen) missing children reported that two children, namely, Bittupan Mahapatra and Manish alias Sanjeet Biswakarma, were traced on 08-11-2017 and 20-11-2017, respectively, during investigation and handed over to the Child Welfare Committee, bringing down the number of missing children to 17 (seventeen). From the 17 (seventeen) missing children, Pinky Uraw alias Devika was traced and handed over to her parents. Hence, the missing children for quarter ending September, 2017, reduced to 16 (sixteen). However, as per report of 01-03-2018, for the quarter ending December, 2017, 18 (eighteen) children are reportedly still missing, the two additional children, after the report of September, 2017, being Dipesh Lamichaney and Siddarth Rai (Page No.4 of the Report). They have been traced at the Korak Observation Home, a Government Shelter Home, Jalpaiguri, West Bengal. 5. However, as per report of 01-03-2018, for the quarter ending December, 2017, 18 (eighteen) children are reportedly still missing, the two additional children, after the report of September, 2017, being Dipesh Lamichaney and Siddarth Rai (Page No.4 of the Report). They have been traced at the Korak Observation Home, a Government Shelter Home, Jalpaiguri, West Bengal. 5. On 14-12-2017, the Report of the Social Welfare dated 08-12-2017 was also considered and copy was supplied to the Amicus Curiae and Senior Counsel, SSLSA, requiring them to submit their response within a period of four weeks. 6. The SSLSA has since submitted its response dated 09-03-2018, while the State Government filed a Report dated 01-03-2018 on behalf of the Chief Secretary and Director General of Police. 7. Learned Senior Government Advocate has taken us through the Report dated 01-03-2018 and submitted that while the search was on for one Ashish Tirwa at a Korak Observation Home, a Government Shelter Home, Jalpaiguri, West Bengal, the AHTU stumbled upon three other missing children, i.e., Dipesh Lamichaney, Siddarth Rai and Dawa Tshering Tamang, of whom the last has since been restored to his parents while the other two remain at the Shelter Home and investigation is on. The details are at Page Nos.3 to 5 of above Report. That, Urmila Adivasi and Protima Adivasi, missing since October, 2015, were found at Sonapur, Uttar Dinajpur, West Bengal and Assam, respectively. Dasami Toppu another missing child, is reported to have returned to her home in October, 2017, as per information received by the AHTU from her parents, but following an altercation in the family, she again left home in the month of January, 2018. For the missing child, Deepan Gurung, the help of “Maity Nepal” has been sought, as it is suspected that the child is in Nepal. So far as child Rebika Biswakarma is concerned, it is reported that she was kept in the Shelter Home, Balika Niketan, Tadong and she was attending Class V in the Tadong School. However, on 25-05-2017 after attending the Morning Prayer, she went missing from the Shelter Home and the search for her is still continuing. Mikma Doma Bhutia, who is said to have gone missing from North Sikkim, is still untraced. We find from the report that the investigation carried out has been lackadaisical. However, on 25-05-2017 after attending the Morning Prayer, she went missing from the Shelter Home and the search for her is still continuing. Mikma Doma Bhutia, who is said to have gone missing from North Sikkim, is still untraced. We find from the report that the investigation carried out has been lackadaisical. Missing child Om Prakash Roka is said to be in touch with his family by telephone and is presently reported to be in Gujarat. In respect of missing child Samit Subba, we find that the investigation has been rather laid back lacking in initiative. For missing child Laden Bhutia, it appears that she has not been traced out as yet after having been found when she first left home, then left home the second time after being restored to her parents. 8. It is submitted by Mr. T. R. Barphungpa, Amicus Curiae, that in terms of the mandate in Bachpan Bachao Andolan vs. Union of India and Others case [Writ Petition (Civil) No.75 of 2012 dated 10-05-2013] in case the missing children are not traced within four months of having gone missing, the matter is to be transferred by the Police Station where the matter is registered to the Anti-Human Trafficking Unit of the Crime Branch. In this context, it is brought to our notice that a letter has been issued to all the concerned Sr.S.Ps/S.P. of all the Districts in Sikkim by the Senior S.P., CB-CID/PHQ in 2014 itself [Annexure A-1 (collectively) of the Compliance Report dated 23-06-2017]. Despite such directions, cases registered in the year 2014 are still pending in various Police Stations instead of being transferred to the AHTU. Let it be explained by the State Government as to why the direction is being flouted. 9. It is also submitted that the AHTU presently consists of one Police Inspector, one lady constable and one male constable, however, as the AHTU is a Unit of Crime Branch, when the need so arises matters registered with the AHTU are allotted to four other Sub-Inspectors in the Crime Branch who however are already overburdened. That in view of the rising number of cases of missing children, a full-fledged Unit comprising of Officers and personnel at various levels are required in the AHTU for effective investigation into matters registered with it. The Crime Branch shall submit a report listing out the requirements of personnel for the AHTU. 10. Mr. That in view of the rising number of cases of missing children, a full-fledged Unit comprising of Officers and personnel at various levels are required in the AHTU for effective investigation into matters registered with it. The Crime Branch shall submit a report listing out the requirements of personnel for the AHTU. 10. Mr. N. Rai, Learned Senior Advocate has filed a response on behalf of the SSLSA on 09-03-2018 and points out that the Report of the Social Welfare pertaining to budget and expenses leaves much to be desired. We have perused the Report, let a better Report be filed by the Social Welfare with regard to the grant-in-aid, the budget set out for running of the various Shelter Homes, including Balika Niketan, Tadong, revealing the source of the budget and its allocation thereof. 11. Let the Crime Branch, CID, file an updated detailed report on all of the above missing children and others named in their report furnishing details as to which children have been restored to their parents and which children are still in the Shelter Homes or missing. List on 03-04-2018.