The
Times of India: New Delhi: Monday, October 22, 2012.
Despite a
spate of child abuse cases, the capital doesn't have any guidelines to prevent
sexual abuse of children in schools and educational institutions, claimed a PIL
in the Delhi high court earlier this week. It cited an RTI reply received from
the Delhi government and urged HC to intervene.
A division
bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw has sought a
reply from the Delhi government and the Centre by December. The Juvenile
Justice Act Rules make it mandatory for the authorities to frame such
guidelines.
The PIL was
filed by HAQ Centre for Child Rights through its lawyer Ananth Asthana, who
pointed out that despite Juvenile Justice Act Rules Section 31 making it clear
that guidelines are needed, there has been no movement on the same, and the
authorities have woken up only once an incident of sexual harassment took
place.
While the
guidelines will go a long way in preventing sexual abuse of kids in schools and
other educational institutions, making it easier for children to lodge a
complaint, the entire focus at present is towards taking action against the
accused after the incident, the PIL argues.
The PIL urges
HC to constitute a committee including members from Delhi Legal Services
Authority, Delhi Child Rights Protection Commission and its counterpart at the
Centre, National Child Rights Protection Commission, Delhi Police, Juvenile
Justice Board and Child Welfare Committee. They can go into the issue of
framing comprehensive guidelines.
The PIL
informs the court that the same plea was made a part of another PIL that
demanded probe into allegations of child abuse in a Delhi orphanage, but the
court while deciding the case declined to pass directions, and instead
recommended a separate PIL for it. The petitioners elaborated on how the JJ Act
mandates creation of a children's committee in all institutions.