Lapses in handling rescued girls: HC seeks police reply
Delhi High Court
has sought the stand of police on a plea that has alleged lapses in the handling and safety of girls rescued from being exploited sexually in a racket in the capital.
The plea alleged that the authorities did not ensure the proper transfer of custody of the girls who were rescued by NGOs.
In a recent hearing, Justice Ravinder Dudeja issued a notice to Delhi Police and other agencies while hearing a plea filed by two organisations.
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The petition by the NGOs alleged that police failed to produce the girls before the Child Welfare Committee as required under the Juvenile Justice Act, 2015, and due to this, they again landed in a hostile environment.
The court asked the authorities to file status reports explaining their stand on the matter within four weeks and posted it for further hearing on July 17.
The petition filed by the NGOs, among them Just Rights for Children Alliance, sought action against the authorities for the alleged grave lapses in handling the custody of the girls rescued from a sexual exploitation racket.
The plea said that in Dec last year, the petitioners assisted the police in conducting raids to rescue the girls from the organised racket being run by gangs in the Burari area. Eight girls were rescued.
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It added that the police was alerted beforehand and was supposed to act promptly after the rescue so that the girls could be taken to safety. However, the police, it was alleged, failed to produce the girls before the Child Welfare Committee even though it is laid down in the law. The lapse resulted in a violation of the juvenile and anti-trafficking laws.
The plea said the action of releasing the rescued girls without producing them before the Child Welfare Committee violated the constitutional guarantee and mandatory provisions under the JJ Act and Immoral Traffic (Prevention) Act, and this violation may result in the re-trafficking of the girls.
The petitioners took up the issue with the senior police officials, including the joint commissioner of police, but it did not translate into action.
In 2017, Supreme Court expanded the definition of the term "child in need of care and protection" under the Juvenile Justice (Care and Protection of Children) Act, 2015, to include child victims of sexual abuse, sexual assault and sexual harassment.
Such children must also be given protection under the provisions of the JJ Act, being victims of crime also under the Immoral Traffic (Prevention) Act, 1956, it observed, laying down norms for their rescue and rehabilitation.
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