Friday, June 7, 2013

A Memorandum submitted to Ms Nina P. Nayak , Hon’ble Member, National Commission for Protection of Child Rights (NCPCR) during her visit in the state of Manipur Submitted by: Manipur Alliance for Child Rights (MACR), Manipur state on Friday the 7th June, 2013 in Imphal.

Dear Madam,

Manipur Alliance for Child Rights, a common platform for NGOs, Individuals, Civil Societies working for  protection  and promotion of  the rights of the needy children/ juveniles  of the state hereby submit this memorandum to  you  with a high hope that you will take up necessary prompt initiative to protect the rights of the children by giving  suitable directives and recommendations to the state and central government.

That, even after enactment of various progressive legislations and purposeful schemes and projects, the relentless  violence against children  have been occurring, under which  girl children are bearing the brunt of atrocities and violence at the most.

The most heinous crime i.e. “Custodial rapes of minors” specially the tribal children from Ukhrul, Tamenglong, Chandel etc inside the  illegal  homes based in, Jaipur (Rajashthan), Kerala, Tamilnadu and other metro cities of India is so rampantly occurred. Several hundreds of children who had been enticed to give free education and accommodation to those outside states’ were recruited from the poor villages of these districts, where developmental and poverty elevation schemes have hardly reached.  The innocent children were then put into those home and  exploited, used as child labour besides sexually and physically abused.  Thus, their  right to excess to equitable quality formal primary education was grossly violated while other fundamental rights were also consequently robbed, as  in many cases, children were incarcerated  in a virtually sub human condition, with no basic foods and amenities like toilets (As testified again by  pastor John Jacob’s Jaipur Grace Home case).

Murdering of rape victims across the state is alarmingly increased in recent times, that necessitated   prompt executive decision and response of the state and national government, policy and administrative reforms, police and judiciary reforms, are also  similarly called for  to relook upon fulfilment of India’s commitments to UN Conventions, International laws and  International Humanitarian  Rights Standards including UN Convention on Rights of the Child.

We selectively lay down few recommendations, urging your good self and good office to consider for making official directives and recommendations so that State/Central government are convinced and obliged to  translate the recommendations into actions:
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Our  Recommendations
1.       State or central government authority should   setup of 24 X7 Toll Free Women Helpline for 9 districts of the state, complying the directives and hon’ble supreme court and considering the immediate needs for protection of rights of the girl children.

2.       State and national Government should  provide  trauma counselling and free treatment services for victims of rape and other  forms of violence committed against women and girl children. We urge to NCPCR  for passing necessary appeal and recommendations, so- that such basic needs are actually accessible to  the needy victim women and children in the state, where a prolonged armed conflict persistently has brought countless collateral injuries to women and children population. Such vulnerable population is exposed to the conflict without any safe passage and safeguards enjoyable by them as enshrined in UN CRC, other international human rights and humanitarian laws.

3.       Setting  up of Fast Track Courts in every district of the state for fair and speedy trail of   rape cases  within a maximum period of 60 days has not been complied with by the concerned authorities, despite the fact that hon’ble supreme court has given its directives to set up such courts. We urge to set up Fast tract Courts/ Special courts/children’s courts  for every districts in Manipur with adequate number of dedicated full time  judges.

4.       The criminal investigation system needs to be reformed and revitalised as the present system is almost a failed system. Many serious offences such as rape and murder of women and minor girls ended without any due prosecution and conviction of culprits,  as police fail to submit charge sheets against the accused persons within the stipulated time. Manipur state long after its  merger into India in 1949, has no a well equipped Foreignsic Science  Laboratory for conducting few delicate tests, but still depends upon labs of Kolkata (West Bengal).  The  prolonged time consuming testing process has  resulted in to justice delayed -  justice denied. For deliver fair and speedy judgment to rape and murder cases of women and children a well equipped Foreignsic Science Lab must be constructed in the state of Manipur.

5.       Inclusion of gender education, life skill and livelihood education in school education, providing  child friendly counselling facilities to all the educational institutions in order to empower and educate the young people  is highly needed.

6.       India government recently enacted “The Criminal Law (Amendment ) Act 2013”,  the Act gives impunity to the security forces, as no prosecution can be taken up in the law courts against the accused security forces who has allegedly committed sexual assaults, without prior permission of the government. The impunity provision of the Act implicitly and explicitly encourages the intention to commit rape and violence against the women and girl children by the security forces in the state. It  makes  lives of women and girl children  more defenceless, as heavy security forces have already  been deployed in the name of counter insurgency, enjoying the impunities of draconian law   the  Armed Forces (Special Power) Act, 1957 .

7.       Urged upon NCPCR, to recommend upon  Manipur state to set up adequate number of Girls Homes in the state. It is a fact that Manipur state has not set up  any  Girls Children Home till now, besides   there is no separate Special Home and Observation Home for Girls in the state.

8.       Continuously irregular and unreasonably delayed in the release of funds for  children homes and shelter homes  becomes an  internalised  system in the state. The  whole amount of ICPS norm’s grant-in –aid  for the government supported children homes, shelter homes run by NGOs in the state, for last year i.e  for the financial year  2011-12,  was  released so lately   in the month of August 2012, after a delay of 5 months from the  end of financial year. For the current financial year 2012-13 the grant has not been released till now.

How, can we expect quality intuitional care from these homes, if their funds are not timely released.    Besides, required staffs for DCPUs under ICPS are not appointed till now causing a great lost for marginalised children who are waiting benefits of ICPS scheme.
A strict monitoring system to ensure quality services of the homes, giving training to the  children homes’ staffs, conducting periodic social audits are crucial for bringing transparency  and accountability of these institutions.
9.       The recently exposed, long time hidden case  of Jaipur’s Grace Home run by pastor Jacob John , in which around 30 children from Ukhrul were abused and exploited resulting in some children died, many suffered deformity, even became pregnant and giving birth to a child,  must be immediately investigated after filing an FIR in Ukhrul. Though the heinous crime allegedly committed by pastor John Jacob and other culprits, was,  perhaps, concealed by the parents and guardian as they did not aware the right approach to reveal their agony. Now NCPCR has received complaints from the parents and guardians, we demand befitting punishment to pastor Jacob John the main culprit and others  involved in Jaipur child exploitation and abuse case, as per law.
We urge that, the trial should be held in Manipur state not in Jaipur. Further, NCPCR is pleaded to ban all the unregistered children homes ever found all over India.  A comprehensive educational and economic rehabilitation apart from medical treatment, counselling and mainstreaming of all the trafficked survivors children in the state is higly needed.
10.   Eviction without proper alternative arrangement denying  the right to education, health and right to life of the children, has become an institutionalised policy of the state. State authority even dishonour court’s standing order by dismantling  the houses and properties thereby making internally displaced people. After Loktak eviction, Lamphel Yaipha Leikai eviction, airport expansion eviction, the latest eviction action took place at  Kabo Leikai, Imphal East  areas, where the state evicted  the local settlers for  a proposed  5 star  hotel.
In the abrupt eviction action, around 300 children, most of them school going ones  suffered a lot,  as they were forced to leave the place and compelled to take refuge in different villages at their own risks. Children stopped  going to their own schools. State should take up alternative arrangements to protect the  fundamental rights of the children belonging to the eviction victim families.
11.   The Manipur Commission for Protection of Child Rights (MCPCR) which was set up after a massive social and legal pressure on November 2, 2012 in the state, is being   put into most incapacitated position, that chairperson and members are left to run the commission on voluntary basis,  without giving any support  staff, logistics,  not even  an office building of its own,  let alone  honorarium and allowance . The Childhelpline needed to  run by the MCPCR  for monitoring RTE implementation is not yet setup, depriving the right to redress the grievances of children. Urged upon to look into the matter and please advice and direct the state government so that  basic necessities are provided to MCPCR and its basic  duties are  properly performed.

12.   Urged to monitor and take up follow up actions constantly so that Children’s right to free and compulsory education Right to Education, a fundamental right for every child in the state is not violated in any manner, but truly implemented.
13.   Finally urged to recommend to the concern authorities, so that children’s emergency  outreach service i.e. Childline,  which is now only operational  in Imphal municipal areas,  could be extended to other districts of the state in the best interest of children.

        With warm regards

                                                                                                                                        Yours truly,

Keisam Pradipkumar
Convener,

Imphal the 7th June, 2013                                                                                 Manipur Alliance for Child Rights

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