Court directs for immediate inspection at ‘Janet Sheed Roberts Residential School for Special Needs Children’ dealing with missing report of mentally impaired child, SHO, Ramnagar directed to aid the inspection. : Uttarakhand High Court
The Uttarakhand High Court looked into a petition filed by a registered Society for Rehabilitation of Social and Neurological Impaired, issued in public interest to bring to light the shocking state of affairs with regard to the mentally challenged children and children with other disabilities, who are housed at the ‘Janet Sheed Roberts Residential School for Special Needs Children’ situated at Village Basai, Ramnagar, District Nainital. It was submitted that no terms of the Standard Operating Procedure, have been taken by the police in respect of a missing 14-year old mentally challenged child. This was seen in the case of Rosni Society (A Registered) v State Of Uttarakhand And Others (Writ Petition (PIL) No.127 of 2022 ) on 22 September, 2022 and the case was presided over by The Honourable Chief Justice Shri Vipin Sanghi and The Honourable Justice Shri Ramesh Chandra Khulbe.
FACTS OF THE CASE:
The petitioner placed on record some of the photographs of the injuries stated to have been inflicted on the inmates of the said School, while at the school. A 14-year-old mentally challenged child who is claimed to be an orphan has been taken to the respondent school by the Child Welfare Committee, the petitioner has also brought to the court’s attention. The forementioned child went missing on 12/8/2022. However, the respondent did not contact the police until after midnight on September 9,2022. Even at the time the aforementioned report was made, the police failed to file the initial information report, as required by the Supreme Court’s ruling in ‘Bachpan Bachao Andolan v. Union of India and others’ (W.P. {C} No.75 of 2012) decided on 10.05.2013. The said judgment has been communicated by the Central Government to all the States for compliance.
The advisory issued by the Central Government, dated 25.6.2013, has been placed on record, in terms whereof, a Standard Operating Procedure had to be laid down to handle cases of missing children.
Mr. Mainali, submitted that none of the steps, in terms of the Standard Operating Procedure, has been taken by the police in respect of the missing 14-year old mentally challenged child.
Upon the above submission the Honorable Bench expressed-
“In the light of the submissions advanced by Mr. Mainali, it appears that the police is completely ignorant about their obligations to take action in such like cases in terms of the Standard Operating Procedure, above referred to. Mr. Mainali submits that the Uttarakhand Commission for Protection of Child Rights has sent a communication dated 20.08.2022 addressed to the Chief Education Officer, District Nainital, a copy whereof has also been sent to the Sr. Superintendent of Police, Nainital, but to no avail.”
JUDGEMENT:
The court in the matter directed the respondent School to be contacted by the Registrar (Judicial) of this Court. They shall allow him entry. The Registrar will be accompanied by Mr. Dushyant Mainali, learned Counsel for the Petitioner, and Mr. BPS Mer, learned Brief Holder for the State (Judicial). The SHO, Police Station, Ramnagar is directed to provide sufficient force to the Registrar (Judicial) to enable him to carry out the inspection. The Registrar (Judicial) is required to inspect the entire facility, as well as the inmates’ conditions and the institution’s overall conditions, notably with regard to hygiene, privacy, fooding, messes, and boarding. Additionally, he will record videos and snap photos wherever he deems essential. He could interact with the inmates and the staff and officers of respondent, and also record their statements. The court directed for the management and employees of respondent to co-operate with the Registrar (Judicial) in the discharge of his duties in terms of our order.
The Bench also ordered for the report to be filed the very day and for the Sr. Superintendent of Police, Nainital as well as the Station House Officer, Police Station, In-charge Ramnagar, District Nainital to personally remain present in the Court on the next date.
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JUDGEMENT REVIEWED BY SIMRAN BHATT