No. 4288/2021 in the Matter Of: - Ummeed Aman Ghar for Boys …Petitioners Versus National Commission for Protection of Child Rights & Ors
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IN THE HIGH COURT OF DELHI [CIVIL APPELLATE JURISDICTION] WRIT PETITION (CIVIL) NO. 4288/2021 IN THE MATTER OF: - UMMEED AMAN GHAR FOR BOYS …PETITIONERS VERSUS NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS. …RESPONDENTS COMPLIANCE AFFIDAVIT ON BEHALF OF RESPONDENT NO. 1, THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR) IN COMPLIANCE OF THE ORDER DATED 07.04.2021 PASSED BY THIS HON’BLE COURT IN ABOVE MENTIONED WRIT PETITION [PAPER BOOK] ADVOCATE FOR RESPONDENT NO. 1 SWARUPAMA CHATURVEDI INDEX S No Particulars Page No 1 Compliance affidavit on behalf of Respondent No. 1, National Commission For Protection of Child Right, in 1-30 compliance of the order dated 07.04.2021 2 ANNEXURE:R/1 True copy of the order of this Hon’ble Court dated 31-33 07.04.2021 3 ANNEXURE R/2 True Copy of the model tool used for conducting 34-49 inspections by the answering respondent 4 ANNEXURE R/3 True Copy of the inspection report to show detail 50-96 observations and recommendations made by NCPCR 5 ANNEXURE R/4 True Copy of the letter dated 30.11.2020 to Delhi Police. 97-98 6 ANNEXURE R/5 True Copy of letters issued to Department of WCD, 99-106 Department of Education, Delhi Police and Economic Offences Wing (Delhi Police) 7 ANNEXURE R/6 107- True Copy of the inspection report of Bangalore, Chennai, Patna and Andhra Pradesh 165 9 Application for exemption from filling attested affidavit 166-167 10 Application seeking condonation of delay in filling counter 168-169 affidavit 11 Proof of Service 170 FILED BY SWARUPAMA CHATURVEDI A-65, LGF, SOUTH EX-1, DELHI-110049 Mob:09311825693 Email [email protected] 1 IN THE HIGH COURT OF DELHI [CIVIL APPELLATE JURISDICTION] WRIT PETITION (CIVIL) NO. 4288/2021 IN THE MATTER OF: - UMMEED AMAN GHAR FOR BOYS …PETITIONERS VERSUS NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS. …RESPONDENTS COMPLIANCE AFFIDAVIT ON BEHALF OF RESPONDENT NO. 1, THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR) IN COMPLIANCE OF THE ORDER DATED 07.04.2021 PASSED BY THIS HON’BLE COURT IN ABOVE MENTIONED WRIT PETITION I, G. Suresh S/o late Shri S. Ganpathy Poty, aged about 50 years, currently working as Assistant Director, National Commission for Protection of Child Rights (hereinafter the “NCPCR” or “answering respondent”), 5th Floor, Chanderlok Building, 36, Janpath Road, New Delhi, 110001, presently at New Delhi, do hereby solemnly affirm and state as under: 1. That due to the official capacity as mentioned above and on the basis of available records, I am well versed with the facts and circumstances of the matter and as such competent & authorized to affirm this affidavit on behalf of Respondent no. 1, in the instant petition. 2. That, I have read and understood the averments made by the Petitioner in synopsis/ list of dates, grounds and annexures enclosed with this Writ Petition and at the outset it is respectfully submitted that all averments/ 2 contentions/ submissions made in the instant Petition are denied unless specifically admitted by the answering respondent and are also born out of available record of the case. It is most respectfully submitted that the answering respondent is making submissions to respond all averments made in the petition all together while submitting the instant compliance affidavit in compliance of the order of this Hon’ble Court dated 07.04.2021, where this Hon’ble Court has directed the NCPCR to file affidavit to place on record an affidavit stating the procedure followed by it while conducting an enquiry under Section 13 of the CPCR Act, 2005. True copy of the order of this Hon’ble Court dated 07.04.2021 is annexed herewith and marked as ANNEXURE R-1 (from page ____31 to page _____).33 3. That present Writ Petition under Article 226 of the Constitution of India have been filed by the Petitioners challenging the Inspection Report of the NCPCR. Petitioners also challenges the show cause notice dated 21st January, 2021 issued by Respondent No. 2 - The Samagra Shiksha Abhiyan, which was based on the Inspection Report of the NCPCR. 4. That the petitioner by way of the instant petition has challenged the inspection report dated 01.10.2020 carried out by NCPCR with regard to the Ummeed Aman Ghar for Boys. The petitioner herein has questioned the procedure adopted by the answering respondent for conducting the said inspection of the petitioner’s institution and has prayed for quashing of the report of the answering respondent. The petitioner has contended that the answering respondent while conducting the inspection and preparing the inspection report has not followed the due procedure and infringed upon the rights of the petitioner by not informing the petitioner with regard to the discrepancies and violations found by the answering respondent in the petitioner’s institution. That the Commission’s recommendations for investigation under Section 83(2) of the Juvenile Justice Act, 2015 has been challenged by the petitioner stating that the Commission has not 3 substantiated its claims of children being used for protests in a correct manner and that the “protests” cannot be termed as illegal activities under Section 83(2) of the Juvenile Justice Act, 2015 as the same is protected under Article 19 of the Constitution. PRELIMINARY SUBMISSIONS : 5. At the outset it is humbly submitted that the averments of the petitioner are limited to the procedure adopted by the answering respondent in conducting its inspection of the child care institution. It is respectfully submitted that the petitioner has made averments about the manner and procedure in which NCPCR conducted the inspection which lead to its inspection report but the petitioner has not provided a clear explanation to the gross violations that were pointed out in the inspection report of the NCPCR. The petitioner has merely reiterated the findings of the inspection report of the answering respondent in the petition and has not provided with an explanation or clarification to the violations noted by the NCPCR in its report. 6. Procedure adopted by NCPCR to conduct inspection of Child Care Institutions under Sec 13 of the CPCR Act, 2005: That in compliance of the order of this Hon’ble Court vide its order dated 07.04.2021 and to further counter averments in the petition, NCPCR herein humbly submits that the following is the procedure and manner in which the NCPCR conducts an inspection of a Child Care Institution under Sec 13 of the CPCR Act, 2005: A. Information/Complaint- Whenever there is a complaint or information received about a child right violation, the answering respondent at the first instance examines the contents of the complaint or the information received and acts in a manner required by the situation. The answering respondent in some cases, demanding immediate action, is duty bound to 4 act swiftly and promptly, keeping in view of the safety and security of children. The answering respondent, therefore, after perusal of the complaint or information takes cognizance in the matter (in accordance with the powers and functions laid down under the Commissions for Protection of Child Rights Act, 2005) and then takes necessary steps as mandated under the CPCR Act, 2005. B. That, the Commission under Section 13(1)(j) of the Commissions for Protection of Child Rights Act, 2005 has been provided with the functions which are to be performed by the Commission for protection and promotion of child rights. One of the functions under Section 13 is to inquire into the deprivation and violation of child rights in the country. The said provision, Section 13(1)(j) of the CPCR Act, 2005 provides that- “(j) inquire into complaints and take suo motu notice of matters relating to,— (i) deprivation and violation of child rights; (ii) non-implementation of laws providing for protection and development of children; (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities;” C. That it is most respectfully submitted that, NCPCR has also been given powers to inspect institutions housing children in need of care and protection under Section 13(1)(i) of the Commissions for Protection of Child Rights Act, 2005. The same is reproduced as below stating that the Commission shall: “(i) inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under 5 the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;” D. That the Hon’ble Court may be pleased to note that NCPCR also has monitoring power under Section 109 of the Juvenile Justice Act, 2015- “109. (1) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child Rights constituted under section 17 (herein referred to as the National Commission or the State Commission, as the case may be), of the Commissions for Protection of Child rights Act, 2005, shall, in addition to the functions assigned to them under the said Act, also monitor the implementation of the provisions of this Act, in such manner, as may be prescribed. (2) The National Commission or, as the case may be, the State Commission, shall, while inquiring into any matter relating to any offence under this Act, have the same powers as are vested in the National Commission or the State Commission under the Commissions for Protection of Child Rights Act, 2005.