The Supreme Court on Tuesday asked the NCPCR not to drag the apex court into its agenda over a petition seeking an SIT probe into cases of children allegedly sold by Jharkhand shelter homes of the Missionaries of Charity founded by Mother Teresa. A bench of Justices BV Nagarathna and Nongmaikapam Kotiswar Singh criticised the National Commission for Protection of Child Rights (NCPCR) and dismissed the petition filed by the commission. The bench said the relief sought was vague and could not be considered.
“Don’t drag the Supreme Court into your agenda. What kind of relief is sought in your petition? How can we give such directions? The petition is completely misplaced,” the bench told the counsel appearing for NCPCR. At the outset, the counsel appearing for NCPCR argued that the petition was about seeking direction for a time-bound probe under the apex court’s supervision of all such organisations in Jharkhand to ensure safety of children.
The apex court said that the NCPCR has the power to investigate and take action in accordance with the law under the Commission for Protection of Child Rights (CPCR) Act, 2005. The bench refused to entertain the plea and dismissed the petition. The NCPCR in its petition filed in 2020 had sought enforcement of fundamental rights of prohibition of human trafficking guaranteed under Article 23 of the Constitution. It had said that discrepancies were found in children’s homes of different states and it had added them as parties to its petition.
The petition cited cases of violation of child rights in Jharkhand and said that the state authorities have adopted an indifferent approach towards the protection of minors. “During the investigation by the petitioner (NCPCR), the victims made shocking revelations, including the fact that children were being sold in children’s homes. These facts were vehemently brought to the notice of the state government (Jharkhand), but continuous attempts were made to thwart and derail the investigation,” the petition said.