Supreme Court - Daily Orders
Sampurna Behrua vs Union Of India on 7 August, 2018
Bench: Madan B. Lokur, Deepak Gupta, K.M. Joseph
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ITEM NO.19 COURT NO.3 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
M.A. NO.2069/2018 IN WRIT PETITION(C) No(s).473/2005
SAMPURNA BEHRUA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 07-08-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE K.M. JOSEPH
Ms. Aparna Bhat, Adv. (A.C.)
Ms. Joshita M. Pai, Adv.
For Petitioner(s)
By Courts Motion
For Respondent(s) Ms. Pinky Anand, ASG
UOI Mr. Ajit Kumar Sinha, Adv.
Mr. S. Wasim A. Qadri, Adv.
Mr. Shalinder Saini, Adv.
Ms. Gunwant Dara, Adv.
Mr. B.V. Balram Das, Adv.
Ms. Gunwant Dara, Adv.
Mr. R.R. Rajesh, Adv.
Ms. Sunita Sharma, Adv.
Mr. Vikas Bansal, Adv.
Mr. Raj Bahadur, Adv.
Mr. G.S. Makker, Adv.
Mr. Arun Kumar, Adv.
Ms. Snidha Mehra, Adv.
Mr. Sumit Teterwal, Adv.
Bihar Mr. Ranjit Kumar, Sr. Adv.
Mr. Abhinav Mukerji, Adv.
Ms. Bihu Sharma, Adv.
Ms. Purnima Krishna, Adv.
Signature Not Verified
TISS
Digitally signed by
SANJAY KUMAR
Date: 2018.08.08
Ms. Vrinda Grover, Adv.
14:11:52 IST
Reason: Mr. Goutham Shivshanker, Adv.
Mr. Soutik Bannerjee, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
We have heard learned amicus curiae, learned counsel appearing for Tata Institute of Social Sciences (TISS), learned Additional Solicitor General appearing for the Union of India as well as Mr. Ranjit Kumar, learned senior counsel appearing on behalf of the State of Bihar. At the outset, it has been pointed out that the horrific events that have transpired in the shelter home in Muzaffarpur in Bihar, which is the subject matter of this petition, are being investigated by the Central Bureau of Investigation, which investigation is being monitored by the Patna High Court. We make it clear that we are not concerned either with the investigations or with the monitoring aspect.
What we are concerned with is a much larger issue about the protection of children, particularly girls in homes which are run by NGOs and which are, as in the present case, funded by the State Government with some additional funding by the Central Government. We had pointed out on the last date of hearing that young girls who have allegedly been sexually abused and allegedly raped cannot be subject to multiple questioning by multiple agencies and it is in this context that we had taken up the writ petition on the basis of a letter addressed to us in this writ petition.
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By way of solutions, it is submitted by learned amicus curiae that it would be more appropriate if the mental and psychiatric health of the children in the shelter home is left to be addressed by NIMHANS, Bengaluru.
She further says that the clinical and medical aspect may be addressed by the All India Institute of Medical Sciences (AIIMS), Patna.
It is further submitted that the social well-being of the children including their rehabilitation and re- integration should be left to be addressed by the TISS.
We accept the suggestion given by learned amicus curiae and order accordingly. Of course, the State of Bihar will render all assistance.
On the submission of learned counsel appearing on behalf of the State of Bihar, we direct that the concerned authorities in these three bodies/institutions should prepare a brief course of action that they propose to adopt and place it on record within a period of ten days from today.
We have been informed by the learned Additional Solicitor General that the National Commission for Protection of Child Rights (NCPCR) is conducting social audits and has conducted social audits of approximately 3000 institutions all over the country.
It is not clear what were the credentials of those organizations which had conducted the social audits and 4 the methodology adopted for conducting the social audits as well as the process followed for conducting the social audits. We would like to have these details on record.
It would be appropriate if TISS also prepares a brief report on the process for conducting social audits and place it on record with a copy to learned amicus curiae and learned counsel for the State of Bihar and learned Additional Solicitor General.
It is pointed out by learned amicus curiae that as far as she is aware, a survey of several thousands homes (about 8000 homes) has been commissioned by the Government of India.
According to learned amicus curiae and this is confirmed by the officers of the Ministry of Women and Child Development, Government of India who are present in Court that the survey includes the infrastructure, facilities, and staff, etc. etc. In other words, whatever data is available with the Ministry of Women and Child Development, as a result of the survey, should be placed on record, if felt appropriate, even through a pen drive, in the form of a status report.
We would also require the Ministry of Women and Child Development to inform us what steps it proposes to take to ensure that the sexual abuse of children does not take place in shelter homes and other homes and child care institutions across the country.
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We are making this request because it appears from the data available on the internet on the website of NCRB, in the year 2016, as many as 38,947 rapes have been committed all over the country. It is not clear how many of these rapes were of children in homes, but whatever be the figure, the number of rapes committed is quite disconcerting, to say the least.
It has been submitted by learned amicus curiae that similar incidents have apparently occurred at Deoria in Uttar Pradesh. She has pointed out that what is worse is that as per the reports, photographs of the children who have allegedly been sexually abused are available on the electronic, print and social media.
We have already required the media not to show photographs of victims of sexual abuse in Bihar even in a morphed or blurred form.
Needless to say that the direction already issued by us on 2nd August, 2018 is not only applicable to the incident that has taken place in Muzaffarpur, Bihar and which has widely been reported in the Press. We expect the electronic, print and social media to ensure that the photographs of the victims of sexual abuse anywhere should not be displayed either in morphed or blurred form for the safety, mental and physical health of the victims and in public interest.
Further, such children should also not be interviewed since the consequences may have a very serious impact on 6 their physical and mental health and it will be best if this is left to the discretion of the mental health and other experts.
It has been submitted by leanred amicus curiae that the Facebook account of the wife of one of the accused in the Muzaffarpur incident discloses the identity of some of the victims of sexual abuse.
Learned amicus curiae as well as learned counsel for the State of Bihar will convey it to Facebook to take down this information so that it is not made public. Learned amicus curiae will disclose the names of the Facebook account holder to Mr. Ranjit Kumar, learned senior counsel who will ensure that appropriate action in accordance with law is taken against the persons concerned.
A copy of the report prepared by Koshish, which is a field action project by TISS, should be filed in Court in a sealed cover. This report concerns, inter alia, the events in shelter homes in Bihar.
A copy of this report should also be given to learned amicus curiae for perusal.
We make it clear that the victims of child sexual abuse should not be interviewed by anybody other than an authorised member of the NCPCR and State Commission for Protection of Child Rights and that too in consultation with and in the presence of a trained counsellor or mental health expert, particularly in Deoria and the 7 other homes which are the subject matter of the Report prepared by Koshish. Obviously, this will not preclude the investigating agencies from carrying out investigations, but they too will be bound by the directions earlier given by us on 2nd August, 2018.
List the matter on 14th August, 2018.
Liberty to file status report and affidavits.
(SANJAY KUMAR-I) (KAILASH CHANDER)
AR-CUM-PS COURT MASTER