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

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Over 40% of gig workers earn below ₹15,000 a month: Economic Survey

By A Representative   The Finance Minister, Nirmala Sitharaman, while reviewing the Economic Survey in Parliament on Tuesday, highlighted the rapid growth of gig and platform workers in India. According to the Survey, the number of gig workers has increased from 7.7 million to around 12 million, marking a growth of about 55 percent. Their share in the overall workforce is projected to rise from 2 percent to 6.7 percent, with gig workers expected to contribute approximately ₹2.35 lakh crore to the GDP by 2030. The Survey also noted that over 40 percent of gig workers earn less than ₹15,000 per month.