Skip to main content

Supreme Court's 'interim' order: Children shouldn't be sent to Assam detention centres

By A Representative
In what is considered a big win for the human rights organization, Citizens for Justice and Peace (CJP), the Supreme Court has asked the Assam government to ensure that no children of parents, whose names have been included in the final National Register of Citizens (NRC) list, be sent to detention centres or be separated from their parents.
The CJP, led by well-known rights defender Teesta Setalvad, involved in fighting for the victims of the Gujarat 2002 riots, is known to have made major interventions in Assam during the NRC process, whose final list, published on August 31, 2019, last money, excluded 1.9 million people as they failed to provide necessary documents to prove their citizenship.
Based in Mumbai, CJP’s application had reportedly sought directions from the apex court that no child excluded from NRC is either sent to detention camps or separated from their parents in Assam.
CJP said, that children have been excluded from the NRC final list even when their parents are included, which amounted to direct contravention of the state’s obligation towards children as envisaged under Article 15 (3), Article 39 (e) & (f), Article 45 and Article 47 of the Constitution of India, and the Juvenile Justice (Care and Protection of Children) Act, 2015.
Attaching a list of 61 such excluded children, the CJP plea refers to the case studies of three children were to “help” the apex court understand the ground realities and “sufferings” of families separated due to this arbitrary process of NRC.
Referring to one Hasmat Ali’s case, who has three minor children, the plea states, while his and his wife’s name was included in NRC, their children’s names have found no place in it, and since then he has had to rush from one hearing to another held at far-away places, collecting documents, incurring huge expenses and taking debt ensure his children do no end up in detention camps.
Attaching a list of 61 such children, CJP refers to the case studies of three children to 'help' the apex court understand the ground realities
Each of the 61 children excluded from NRC have a similar story of struggle and financial distress from which it will take a much longer time to recover, the application claims, noting that the United Nations Convention on the Rights of the Child, which India has ratified, makes it obligatory under Article 8 for all State Parties to respect the right of the child to preserve his or her identity, including nationality, name and family relations.
Also, says the CJP plea, Article 9 holds State Parties responsible for ensuring that a child is not separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child.
The application asks the apex court to pass orders to the office of the coordinator to immediately take steps to ensure that no child is left out of the NRC especially in cases where the parents/ guardians/ caregivers are included in the list. It also asked that in the interim, the court pass orders directing state of Assam not to take any coercive action against the children or separate them from their families.

Comments

TRENDING

When democracy becomes a performance: The Tibetan exile experience

By Tseten Lhundup*  I was born in Bylakuppe, one of the largest Tibetan settlements in southern India. From childhood, I grew up in simple barracks, along muddy roads, and in fields with limited resources. Over the years, I have watched our democratic system slowly erode. Observing the recent budget session of the 17th Tibetan Parliament-in-Exile, these “democratic procedures” appear grand and orderly on the surface, yet in reality they amount to little more than empty formalities. The parliamentarians seem largely disconnected from the everyday struggles faced by ordinary exiled Tibetans like us.

Civil society flags widespread violations of land acquisition Act before Parliamentary panel

By Jag Jivan   Civil society organisations and stakeholders from across India have presented stark evidence before the Parliamentary Standing Committee on Rural Development and Panchayati Raj , alleging systemic violations of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 , particularly in Scheduled Areas and tribal regions.

Beyond the island: Top mythologist reorients the geography of the Ramayana

By Jag Jivan   In a compelling new analysis that challenges conventional geographical assumptions about the ancient epic, writer and mythologist Devdutt Pattanaik has traced the roots of the Ramayana to the forests and river systems of Central and Eastern India, rather than the peninsular south or the modern island nation of Sri Lanka.

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

​ By Syed Ali Mujtaba*  ​The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Dr. Ram Bux Singh: Biogas pioneer’s legacy gains urgency amid energy crisis

By A Representative   In an era defined by a global energy crisis and a desperate search for sustainable solutions, the visionary work of an Indian scientist from the mid-20th century is finding renewed, urgent relevance. Dr. Ram Bux Singh , a pioneering figure in biogas and renewable energy , is being posthumously honored by the Government of India, even as his decades-old innovations provide a blueprint for today’s challenges.

Alarming decline in India's repair culture threatens circular economy goals: Study

By Jag Jivan  A comprehensive new study by environmental research and advocacy organisation Toxics Link has painted a worrying picture of India's fading repair culture, warning that the trend towards replacement over repair is accelerating the country's already critical e-waste crisis.

Manufacturing, services: India's low-skill, middle-skill labour remains underemployed

By Francis Kuriakose* The Indian economy was in a state of deceleration well before Covid-19 made its impact in early 2020. This can be inferred from the declining trends of four important macroeconomic variables that indicate the health of the economy in the last quarter of 2019.

Food security? Gujarat govt puts more than 5 lakh ration cards in the 'silent' category

By Pankti Jog* A new statistical report uploaded by the Gujarat government on the national food security portal shows that ensuring food security for the marginalized community is still not a priority of the state. The statistical report, uploaded on December 24, highlights many weaknesses in implementing the National Food Security Act (NFSA) in state.

Protesters in UK cities voice concerns over alleged developments in Bastar region

By A Representative   Demonstrations were held across several cities in the United Kingdom on March 28, as groups and activists gathered to protest what they described as state actions in India under the reported “Operation Kagar.”