NHRC Committee on Missing Children comes out<br> with recommendations

The brutal killing of several innocent children in Nithari village of Noida district in Uttar Pradesh shook the nation's conscience. It sparked off nationwide indignation on the abuse to which the victims were subjected and gross violations of their human rights. In order to put an end to the callous attitude and insecurity, which regard to the protection of children and also to prevent more lives from being lost in similar crimes, the National Human Rights constituted a Committee on February 12, 2007 to look into the issue of missing children in depth. The Committee was to examine the problem of missing children and bring this issue to the forefront as a National Priority. The Commission felt that missing children remains a neglected, low-priority intervention area for everyone other than those who have lost their children. The Committee was also assigned the task to evolve simple and practical guidelines so that the Commission can come up with appropriate recommendations.
The Committee held wide ranging consultations with various stakeholders in government, including Ministry of Home Affairs, Ministry of Women & Child Development, Ministry of Labour, Ministry of Social Welfare, Delhi Government, Delhi Police, National Crime Records Bureau, UNICEF and leading NGOs in India, working in this field and also experts having in-depth knowledge of the subject.
After carrying out intensive consultations, the NHRC committee headed by Shri P.C. Sharma, Member, NHRC came out with the following recommendations:
1. The problem of 'Missing Children' is a grave matter, therefore this issue needs to be made a "priority issue" by all stakeholders, especially the law enforcement agencies. The Directors General of Police of States should take appropriate steps to issue police orders/circulars/standing instructions etc., sensitize all officers in this regard and also make them accountable.
2. Every Police Station across the country should have Special Squad/Missing Persons Desk to trace missing children. This Squad/Desk should have a Registering Officer who should be made responsible of registering complaints of missing children. He/she should maintain complete records of efforts made by them to trace missing children as well as by the Special Squad. In addition to this, the Registering Officer should also work as an Enquiry Officer whereby he/she should be made responsible for following up the entire procedure of tracing/tracking the missing child.

3. There is a need to reiterate the implementation of the Supreme Court Guidelines in Writ Petition (Cri.) No 610 of 1996 filed by Horilal Vs. Commissioner of Police, Delhi & others with regard to effective steps to be taken for tracing missing children. The steps include publishing of missing persons photographs, making inquiries in the place of work, school friends and relative etc., inquire about any incidents of violence within the family in the past, thereafter, the Investigating Officer / Agency will obtain the records from parents and examine them, search hospitals and mortuaries, reward for furnishing clues to be announced, women police officers to be involved, immediately verify the red light areas in metropolitan cities.
The Cell relating to missing persons/children set up in the Central Bureau of Investigation (CBI) is to be strengthened to enhance its capacity, to coordinate and investigate criminal cases relating to missing children and persons.
4. As per the legislation, the district administration in the country should get the places periodically inspected where children are employed. The Committee noticed that the district administration all over the country has failed in this task.
5. The State Police Headquarters should evolve a system of mandatory reporting whereby all incidents of missing children across the country should be reported promptly to the newly constituted National Commission for Protection of Child Rights (NCPCR) within 24 hours of occurrence.
6. In order to make the investigative procedures concerning missing children more transparent and user-friendly, it would be preferable for the police investigating team to involve the community at large, such as representatives of Panchayati Raj Institutions / Municipal Committees/ Neighbourhood Committees/Resident Welfare Associations, etc, in addition to existing help lines.
7. Enforcement agencies in partnership with non-governmental organizations and social workers should evolve a mechanism, whereby besides counseling to them, awareness to be brought about.
8. The National Crime Research Bureau should establish a National Tracking System in the form of a data that would encompass the grass-root level in locating and tracing missing children. There should be prompt reporting of not only missing children cases, but also of return/rescue/recovery. The database should be updated on a regular and systematic basis. This also involves revising the reporting format with respect to the rescue and recovery of persons who have been trafficked. The Director NCRB should liaise with the Project Coordinator, Anti Human Trafficking UNODC, New Delhi and workout a format as the UNODC is working in the field of Anti Human Trafficking and related issues.
9. There is an urgent need to revive State/District Crime Records Bureax. The database on missing persons, their return and the processes involved should properly be documented. The State Missing Person's Bureax (MPB), needs to be revamped, made functional and strengthened. The officers should be well trained and knowledgeable to address the issues in an analytical manner from Human Rights perspective.
10.There is a need to establish a Child Helpline through NGOs/PRIs/other agencies with adequate support from Government in all the districts. The Department of Women & Child Development, Govt. of India, may take the initiative to set up such a national network.
11. The Police and the NGOs can work together in addressing this issue and in providing tremendous support to the police agencies who are preoccupied with several other tasks, especially in those places where the police station strength is very poor. Therefore, Preliminary Inquiry into missing persons could be outsourced to NGOs, who are willing to undertake this task. MHA may issue appropriate guidelines to the States in this regard.
12. As of now the issue of missing children is not a cognizable offence and the very fact of missing of a child does not convey occurrence of a crime. However, it is advisable that an FIR is registered by the police with respect to the issue of missing children. Though, experience shows that all such issues may not warrant registration of an FIR immediately. It is advisable to register FIR if a missing child does not come back or is not traced within a reasonable time. The State Governments should issue directions to the law enforcement agencies to set a time limit of 15 days from the date of the missing.
13. There is a need to sensitize all ranks of police personnel and other stakeholders to the issue of missing children. For this a two-day module should be designed by BPRD, so that uniform training is imparted to all concerned.
14. There is a need to identify "run away, abandoned, neglected and vulnerable children" found roaming around places where they are particularly exposed to abuse and exploitation. Proper identification, provision of care and support, and a 'safe place' is vital for them. These children under the JJ Act, are the children in need of care and attention which they should be given. This can be achieved by producing them before Child Welfare Committees and ensuring proper care in the concerned Homes.
15.The local administration with the assistance of State / Central Government should facilitate the schools to keep a watch on their children, especially when they become untraced or become dropouts. Schools and all teaching institutions should introduce photo identity cards of children, so that tracing is possible.
16. Poverty has been acknowledged as one of the main factors in pushing children into inhospitable conditions and vulnerable to exploitation. Several Central and State Government schemes on poverty alleviation should be properly implemented and monitored for getting maximum results.
17. There is a need to involve State Human Rights Commissions, Women Commission of State/ Centre etc., with regard to the issue of missing children.
18. Media can play an active and important role in increasing public awareness of missing children and the plight of the thousands of hapless families whose children are listed as untraced. This could be achieved by --- having the subject as a regular beat, a separate section on missing children in newspapers, announcement / advertisement on the issue in newspapers or channels free of charge, investigative stories and awareness campaigns in collaboration with agencies like NHRC or NGOs.
19. Need to keep special vigils at railway stations, bus-stands, airports, sea- ports and such other places, which act as transit points for missing children, including children who run away or are made to run away. For this, the Government Railway Police, the Railway Protection Force, Airport and Seaport authorities need to be oriented about the issue of missing children.
20. The issue of missing children from across the border largely remains unaddressed. It has been reported that several foreign children who have been trafficked into India have been punished as illegal immigrants and are made to suffer. NHRC recommends the State governments to undertake review of all such cases and provide relief to such children, irrespective of their nationality. Moreover, there is a need to develop a Protocol on this issue.
21. The world of missing children is unknown and there is no proper study or research on the issue. Even today, the exact figures of missing or traced children are not available. The existing legislation requires the State and District authorities to periodically carry out inspections/surveys of places where children are employed, with a view to identify missing children and those engaged in bonded labour/child labour. The State administration should undertake micro studies especially at the places where children are reportedly vulnerable. A village-wise survey would be of help in this regard.
The recommendations would now be forwarded to the relevant authorities across the States and the Union Territories and also to the Government of India, so that tracing and restoring missing children back to their families would become an easier task.