- The SC in 2010 expressly directed “the State of Manipur and Assam to ensure that no child below the age of 12 years or those at primary school level are sent outside for pursuing education to other states.”
- Article 9 of United Nations Convention on the Rights of the Child says, “Children must not be separated from their parents unless it is in the best interests of the child (for example, in cases of abuse or neglect).” India ratified the Convention in 1992.
- Article 30 (children of minorities) of the United Convention on the Rights of the Child states, “Every child has the right to learn and use the language, customs and religion of their family.”
- The Juvenile Justice Act 2000 states an NOC, home study report, case history and individual plan must be taken from the local Child Welfare Committee (CWC). The first option to rehabilitate any needy child is always with the parents.
- Needy children must stay in a protection home registered under the JJ Act 2000 with a legal validity. The girls are living in a home in Patiala that is registered under the Societies Registration Act, 1860.
- The Juvenile Justice (Care and Protection of Children) Act 2000 (amended in 2006), states Child Welfare Committees have the same powers as a metropolitan magistrate or a first class judicial magistrate. CWC also has powers to hold people accountable for the child and to transfer the child to a different CWC closer to the child’s home or in the child’s state to dispose of the case and reunite the child with his family and community.
***
Read More
Part 1: Baby Snatching
Part 2: The Trail
Part 3: Ranis Of Chhota Kashi
Part 4: ‘Those Nimn Jaati Girls’
Part 5: Ghar Wapasi For The Girls?
