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National Commission for Protection of Child Rights, has informed the Delhi High Court that two Children Homes associated with Harsh Mander had prima facie gross violations of the Juvenile Justice Act and that they need to be further probed.

This development comes in after the NCPCR recorded some discrepancies with the management of the said Homes, treatment of children in the homes as well as the untraceable sources of funding which according to the NCPCR, the institutions have been "reluctant to reveal".

(This particular issue is in the Delhi High Court in light of a Writ petition which has been filed by the two child care homes which are run at the behest of an organisation "Centre for Equity Studies" of which Mander is the Director.)

Children told the NCPCR during a focused group talk: 
"hum 5-6 ladkiyon ko didi jantar mantar CAA kay protest mein le gayee thee, hum log baithaywahan bahut bheed thee, humnay biscuits khaye or juice piya and garmee bahut thee isliye humlog ko wapas le aayagaya)"

In this light, the Commission prima facie was of the view that violation of child rights has happened in this matter and that taking children to the protest sites is prima facie a violation of Section 83(2) of the Juvenile Justice Act, 2015.

“During the inspection, prima facie many violations of Juvenile Justice (Care and Protection of Children) Act, 2015 and its Model Rules, 2016 and various other irregularities came to the notice of NCPCR, including financial irregularities as the institution was reluctant in disclosing their sources of funding and other relevant document to the inspection team”.
- NCPCR to Delhi HC

The NCPCR has also informed the Delhi High Court that instances of Child sexual abuse were also prevalent at the Child Care homes run by Mander and that no reporting was done on the same.

Some Relevant Excerpts of NCPCR's affidavit before Delhi High Court:

• No information was provided regarding registration of Child Care Institutions, as stipulated under Section 41, Rule 21 of the Juvenile Justice Act, 2015.
   
• Statutory compliances as to no. of counsellors per 100 children, medical officer, para-medical officer, as provided under Rule 26, Juvenile Justice Rules, 2016 – not present.
   
• Police verification of all staff – not done at the time of inspection.
   
• No Appropriate maintenance of ceilings, floor coverings, curtains, other fixtures as per Rule 29 of the JJ Model Rules, 2016.
   
• No Segregation of Children as per age groups.
   
• Rooms of Dormitories – not well lit, ventilated and were tin shaded with inadequate sunlight and dampness in many of them.
   
• Documentary record of Health Check-up of each Child was not available at the time of inspection.
   
• No information was provided with respect to making of policy under Rule 76 Abuse and Exploitation of Child, under Model Rules, 2016.
   
• Commission was informed at the time of inspection that there existed an MoU between the Institution and the Govt. of NCT of Delhi, under Samgra Shiksha Abhiyan, however, Qualifications of teachers employed at both the institutions were not in consonance with the provisions of the MoU.
   
• Foreign Nationals were permitted to give voluntary services at the Institutions – “the Commission has been informed that these foreign nationals had travelled to India on employment visas and tourist visas and while they were here, they had given voluntary services in these two institutions. It was unclear to the Commission that on what basis were these foreign nationals permitted to give voluntary services in these institutions and interact with children while their visit to India was for other purposes,” the reply by NCPCR reads.
   
• In their course of interaction, the commission was informed that the children were took to Jantar Mantar during the CAA protests; “During the focused group discussions between the children and the Commission, the children have informed that while asking about outing and trips, one of the girl shared that she along with 4-5 girls went to Jantar mantar during CAA protest. They were taken by one didi, they sat there but it was very crowded and due to summer, they were brought back to home.”
   
• The Commission recorded that the institutions received funds from multiple sources. It is emphasized that the CES, under the directorship of Mr. Mander, while providing information about grant of funds to them and its two institutions in Delhi (Ummeed Aman Ghar for Boys and Khushi Rainbow Home for Girls), failed to disclose a material fact regarding the funds being received from Rainbow Foundation India and Association for Rural and Urban Needy (ARUN) under the Rainbow Homes Program.

In its preliminary submissions, NCPCR states that as per complaints received, children from only a particular religion were being housed in the Homes and that the organization was receiving hefty funds which were being used for illicit activities like religious conversion.

Under Annexure 3, NCPCR adds that complaints with respect to Sexual Abuse of minor boys by elder ones, were received from National Convener, Kalinga Rights Forum, Odisha.

“At the time of inspection, it was reported by the institution that no case of sexual offence has occurred since inception, neither has any case of child rights violation has been reported by this institution. However through various sources, the Commission had come to know that there have been various instances related to child sexual abuse had taken place within the said Home in 2012, 2013 and 2016. The response given by the Staff and In-charge of the Home regarding this matter has been observed to be misleading and incorrect which is a serious violation and offence. Incidentally, the Commission in a recent communication received from an employee of the Home has received information that the cases of sexual abuse are still prevalent in the Home and there is no reporting being done of the same,” True copy of the inspection by NCPCR, records.

In October 2020, NCPCR raided the two homes linked with Mander and has stated that all procedures were in line with the established due process of law.

"Keeping in view of the serious allegations made in the complaint concerned the safety and welfare of children living in these institutions and the fact that the children housed in this institution are child in need of care and protection under Section 2(21) of the Juvenile Justice Act, 2015, the the answering respondent took cognizance of the complaint under Section 13(1)(j) of the Commissions for Protection of Child Rights Act, 2005," the affidavit by the NCPCR states.

The NCPCR has also stated that every opportunity was granted to the institutions to put forth their points of view.

In its January, 2021 report, NCPCR concluded that there were gross violations of the Juvenile Justice Act, including certain instances of child sexual abuse, at the home for boys.

The above-stated reply was filed in response to a petition by two children homes, managed by CES, seeking quashing of the inspection reports by the NCPCR.

Case Title: Khushi Rainbow Home for Girls Vs. NCPCR | Ummeed Aman Ghar for Boys Vs. NCPCR

Advocate Swarupuma Chaturvedi appeared for the NCPCR before Delhi HC