Monday, May 21, 2012

Memorandum


Memorandum Submitted to Madam Prof. Shantha Sinha, Hon’ble Chairperson, National Commission for Protection of Child Rights (MACR), 5ht Floor Chndralok Building, 36 Janpath New Delhi,    110 001, who is presently in Imphal,  by Manipur Alliance for Child Rights, Maringlane, New Checkon, Imphal East, 795001, Manipur, a collective body for protection of child rights, on this day the 19th May, 2012 for favour kind consideration and necessary recommendations  in the best interest of the children.
Charter of demands of Manipur Alliance for Child Rights (MACR):
1.                   Urged upon the NCPCR, to develop and prescribe a  Standard Operational Procedures/ Mandatory Guidelines  on the basis of guiding principles of UN Convention on  Rights of the Child (UNCRC) and Juvenile Justice (Care and Protection of Children) Act 2000 and as amended in 2006, taking into consideration the true spirit of  “The best interest of the child”;  to  be followed by security personnel and police engaged in such activities,  where children may likely to get direct or indirect impact of their military/aggressive action, in such  manner and extent, thereby affecting  basic rights of children such as Right to Survival, Development, Protection and Participation.

Because, Children in the state, are often entangled and  being the primary and secondary victims of such aggressive action of the security personnel and police, primarily  during   Counter Insurgency Military Operations, Encounters  between state and non state actors, Extra Judicial executions,  Mass Eviction and requisition  of houses/homestead lands, villages, forest and water bodies, in the name of so called  development projects- Dam construction, Airport expansion, Loktak protection etc. etc.

In order to prevent children becoming the  victims of  displacement, victims of armed conflict, being detached from attending school, who would be either made homeless or damped inside temporary relief camps without basic human needs, such as proper food, medicine and care facilities, exposing the children in unhygienic, discomfort and un-child friendly  environment.

2.                  Urged upon the NCPCR, to recommend  the state of Manipur, to submit the NCPCR  a periodic  detailed action taken report, the state has so far initiated against the recent  cases, of rape, and  murder of girl children after being raped, child trafficking in order to have a periodic  consolidated status reports of heinous crimes against children vis –a- vis state’s legal actions so far taken up.

3.                 Urged upon the NCPCR, to  issue a recommendation to the state home department, to submit a mandatory action taken report on each and every child trafficking, rape and murder of girl children within a stipulated time limit (least possible time), so that police do not neglect or derelict from their bounded duties, which may, otherwise cause  undue delay and denial of justice.  It is to prevent any possible negligence of concerned police official (s) duties, to check reluctance on  timely FIR registration and deliberate  slow-moving of police’s crime investigation on child rights violation cases

4.                    As Criminal Justice system,   juvenile criminal justice system in the state is not in place and in many cases improper charge sheet framing against the perpetrators, who committed offences against the children, have largely resulted into loss of evidence, twisting of facts and ultimately failed  to book and punish  the culprits, many culprits have  not been awarded deterrent legal punishment supposed to be awarded, various traffickers, rapists and murderers of young girls and children,  remained scot-free and they are found to be committing similar crimes against girls and children again and again.

5.                   Urged upon the NCPCR, to give directions, to the state home department, so that a speedy crime investigation is undertaken in every reported crime against  child, to make sure that culprit (s) gets deterrent punishment and victim (s)  gets justice as per relevant provisions of law of the country.

6.                 Urged upon the NCPCR to recommend the state home department to give compulsory induction training/sensitization on Child Rights/JJ Act/CRC/International Humanitarian and International Human Rights laws  pertaining to child rights and juvenile justice to all state police/ Village Defense Force/Manipur Riffles/Indian Reserve Battalion/ Central Para Military forces – Assam Rifles , CRPF and others  security forces operating in Manipur on priority basis.

7.       Urged upon the NCPCR, to ensure prompt follow up action against the state and concerned departments, so that the concerned department (s) would really comply with the relevant verdicts passed upon by the NCPCR Public hearing held in Imphal on 17 and 18 August, 2011 positively.

8.       Urged upon the NCPCR, to take up necessary steps so that Manipur government speed up the process for setting up the State Commission for Protection of Child Right in the state. 

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