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

US-China truce temporary, larger trade war between two economies to continue

By Prabir Purkayastha   The Trump-Xi meeting in Busan, South Korea on 30 October 2025 may have brought about a temporary relief in the US-China trade war. But unless we see the fine print of the agreement, it is difficult to assess whether this is a temporary truce or the beginning of a real rapprochement between the two nations. The jury is still out on that one and we will wait for a better understanding of what has really been achieved in Busan.

When growth shrinks people: Capitalism and the biological decline of the U.S. population

By Bhabani Shankar Nayak*  Critically acclaimed Hungarian-American economic historian and distinguished scholar of economic anthropometric history, Prof. John Komlos (Professor Emeritus, University of Munich), who pioneered the study of the history of human height and weight, has published an article titled “The Decline in the Physical Stature of the U.S. Population Parallels the Diminution in the Rate of Increase in Life Expectancy” on October 31, 2025, in the forthcoming issue of Social Science & Medicine (SSM) – Population Health, Volume 32, December 2025. The findings of the article present a damning critique of the barbaric nature of capitalism and its detrimental impact on human health, highlighting that the average height of Americans began to decline during the era of free-market capitalism. The study draws on an analysis of 17 surveys from the National Health and Nutrition Examination Survey (NHANES), conducted by the U.S. Centers for Disease Control and Prevention (...

Justice for Zubeen Garg: Fans persist as investigations continue in India and Singapore

By Nava Thakuria*  Even a month after the death of Assam’s cultural icon Zubeen Garg in Singapore under mysterious circumstances, thousands of his fans and admirers across eastern India continue their campaign for “ JusticeForZubeenGarg .” A large digital campaign has gained momentum, with over two million social media users from around the world demanding legal action against those allegedly responsible. Although the Assam government has set up a Special Investigation Team (SIT), which has arrested seven people, and a judicial commission headed by Justice Soumitra Saikia of the Gauhati High Court to oversee the probe, public pressure for justice remains strong.

Is vaccine the Voldemort of modern medicine to be left undiscussed, unscrutinised?

By Deepika*    Sridhar Vembu of Zoho stirred up an internet storm by tweeting about the possible link of autism to the growing number of vaccines given to children in India . He had only asked the parents to analyse the connection but doctors, so called public health experts vehemently started opposing Vembu's claims, labeling them "dangerous misinformation" that could erode “vaccine trust”!

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Trump escalates threats of war against Venezuela, as millions in US set to lose essential benefits

By Manolo De Los Santos   The United States government is in the grips of one of its longest-running funding gaps in history. The ongoing government shutdown has already stretched beyond 30 days and now, the food security of millions of Americans is at risk as the funding to the Supplemental Nutrition Assistance Program (SNAP) is drying up and Trump officials have refused to tap into contingency funds . Approximately 42 million individuals per month rely on SNAP benefits and are set to lose them beginning on November 1.

Gujarat civil society to move Supreme Court against controversial electoral roll revision

By Rajiv Shah    A recent, well-attended meeting of Gujarat civil society activists in Ahmedabad , held to discuss the impact of the ongoing Special Intensive Revision (SIR) of electoral rolls, has decided to file a petition in the Supreme Court against the controversial exercise initiated by the Election Commission of India (ECI) across the country. Announcing this, senior High Court advocate Anand Yagnik , who heads the Gujarat chapter of the People’s Union for Civil Liberties (PUCL), said that a committee has already been formed to examine the pros and cons of SIR. “While the SIR exercise began in Gujarat on November 4 and is scheduled to continue for a month, we will file a supporting petition in the case against SIR in the Gujarat High Court or the Supreme Court after observing how it proceeds in the state,” he said. Yagnik’s announcement followed senior advocate Shahrukh Alam —who is arguing the SIR case in the Supreme Court—urging Gujarat’s civil society to also file ...

Why PESA, a Birsa Munda legacy, remains India’s unfulfilled commitment to its tribal peoples

By Raj Kumar Sinha*  Nearly three decades ago, the Indian Parliament enacted a landmark law for tribal regions — the Panchayat (Extension to Scheduled Areas) Act, 1996, better known as PESA. This legislation sought to restore the traditional autonomy of tribal societies and empower them to use local resources according to their customs and needs. However, such decentralization never sat well with today’s developmental politicians, capitalists, and bureaucrats. The question therefore arises — what makes PESA so important?