Karnataka High Court Urges State To Constitute SIT To Probe Child-Trafficking Cases In Bengaluru

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj said "Now the State Government will have to come out with its plans on the recommendations made by Karnataka State Legal Services Authority (KSLSA) for dealing with the serious issue of trafficking of children. The State Government will have to consider whether it wants to constitute a special investigation team. It is only after taking the response of the State Government, we propose to issue detailed directions."

The direction was given while hearing a petition filed by Letzkit Foundation highlighting the issue regarding vulnerable children who are forced to sell toys, flowers, etc., on the streets of Bengaluru and in particular, at traffic junctions.

The court had vide order dated November 30, 2020 directed KSLSA to ensure that a meeting of all the stakeholders is convened for the purpose of evolving a scheme for identification of the children. KSLSA later constituted a Data Collection Team which submitted its report.

The final report states that mapping work was done at altogether 432 hotspots in the city and 886 vulnerable children were mapped in the city of Bengaluru. Data was collected of 720 children. The data was collected through a mobile App, which was provided pro-bono by one youngster Abhishek Krishnan from Kochi, Kerala.

The court noted "The results of the survey are shocking. 534 children were found involved in child beggary and 186 children were found to be involved in child hawking."

Suggestions made in the report:

# A suggestion is made about the need to amend Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Another suggestion is that Aadhar card of all vulnerable children must be prepared at the earliest. Reliance is also placed on record on an initiative taken by the Telangana State in the year 2018. The said Government has developed a face recognition tool called ''Darpan''. By using the data collected by visiting all the Child Care Institutes, it is possible to track the missing children.

Accordingly the court directed the state to consider the suggestions, it said "This suggestion requires immediate consideration."

#Constitute Special Juvenile Police Units (for short 'SJPUs').

The court said "There is no material placed on record to show that sub-sections (1) and (2) of Section 107 of the said Act of 2015 have been effectively complied with. There is nothing placed on record to show that Special Juvenile Police Units have been formed in each District and City. In the report, it is stated that even Child Welfare Police Officers as contemplated by sub-section (1) of Section 107 of the said Act of 2015 have not been appointed in any part of the State of Karnataka."

Accordingly it directed "The State Government shall file a compliance report regarding compliance with the provisions of sub-sections (1) and (2) of Section 107 of the said Act of 2015 on or before the next date. The State is under an obligation to implement the provisions of the said Act of 2015."

# Strengthening of Child Line 1098.

The court said "The Child Line is run by one NGO. There are reports that the helpline is not effectively working. KSLSA has given several suggestions on the issue of strengthening the ChildLine-1098. We direct the State Government to look into the said suggestions and take a decision thereon before the next date."

#State Commission For Protection of Child Rights:

The court directed the State Government to place on record the steps so far taken by the State Commission for protection of child rights on the next date in a sealed cover. The report has raised the issue about the failure to comply with Rule 91 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (for short 'the Model Rules'). Section 109 of the said Act of 2015 provides for monitoring of the implementation of said Act of 2015 by the State Commission for Protection of Child Rights.

#CWC Bengaluru Not functioning.

On the suggestion made in the report for better functioning of the CWC in Bengaluru. The court referring to section 2 (14) of the JJ Act of 2015 and section 36 of the said Act said "The detailed procedure has been laid down in the Model Rules on this aspect. Rule 18 of the Model Rules deals with the production of a child before the Committee." It added "These are the salutary provisions which are of immense importance. It appears that the same are not being followed at all. It will be appropriate if the State Government conducts training workshops for the benefit of the members of CWCs in a phase wise manner. The State Government can always take assistance from the Karnataka Judicial Academy for imparting training to the members of CWC. During the course of the training, emphasis will have to be laid on sensitizing the members of CWC."

The bench said it would on the next date hear the state government on the issue of providing infrastructure to the CWC in BBMP Area and at other places so that it can function more efficiently.

#Unregistered Child Care Institutions:

The court said "It is necessary for the State to initiate action in accordance with law against all the unregistered child care institutions. There are 56 unregistered child care institutions against whom action needs to be initiated. The State Government shall immediately initiate necessary action."

Finally the court said it would issue detailed directions on the issue about preventive measures. "The question is why so many children should be subjected to misery and agony in the city of Bengaluru and especially the child trafficking," it said.

The court has directed the state government to file a detailed affidavit reporting compliance in terms of directions/observations made in the order by May 25. The court has directed the Secretary of KSLSA to convene a meeting of all the stakeholders on the issue of taking action on the basis of the findings/recommendations in the reports submitted by KSLSA.

The matter will be next heard on June 4.