Hindustantimes wants to start sending you push notifications. Click allow to subscribe

‘Will not send children excluded from NRC to detention camps’: Govt tells SC

Hindustan Times, New Delhi | By
Jan 07, 2020 02:18 AM IST

The Supreme Court was hearing a plea filed by the NGO, Citizens for Justice and Peace, which has sought directions to the state NRC coordinator to ensure that no child is left out of the NRC, especially in cases where the parents, guardians or caregivers are in the list.

Attorney General KK Venugopal on Monday told the Supreme Court that children who have been excluded from the final National Register of Citizens (NRC) in Assam despite their parents finding a place in the list will not be sent to detention centers till the court decides a petition concerning the same.

“I cannot conceive children being sent to detention centres. Children whose parents have been included in NRC will not be sent to detention centres for now,” said Venugopal appearing for the Government of India.

Hindustan Times - your fastest source for breaking news! Read now.

The Supreme Court was hearing a plea filed by the NGO, Citizens for Justice and Peace, which has sought directions to the state NRC coordinator to ensure that no child is left out of the NRC, especially in cases where the parents, guardians or caregivers are in the list.

A bench of Chief Justice of India SA Bobde and justices BR Gavai and Surya Kant recorded the submissions of the AG that children and asked the central and state governments and to respond to the plea within four weeks.

“Mr KK Venugopal, learned Attorney General for India, states that the children of parents who have been given citizenship through NRC, will not be separated from their parents and sent to detention centre in Assam pending decision of this application. In the meantime, Mr Venugopal, learned Attorney General for India, seeks four weeks’ time to file reply to the instant application. Time as prayed for is granted,” the SC order stated.

According to the petition filed by the NGO, following the publication of final NRC list on August 31 last year, specific categories of marginalized people were excluded. Many children were excluded from the final list of NRC even though their parents and relatives were included, the petition said. Orphaned children who did not reside in state orphanages or homes were also excluded from the NRC. Children from disconnected families and staying with close or distant relatives also did not find a place in NRC.

Exclusion of children from NRC even when their parents were included, the petitioner said, is in contravention of the state’s obligation towards children as envisaged under the Constitution of India, and the Juvenile Justice (Care and Protection of Children) Act, 2015.

The petitioner also placed reliance upon the United Nations Convention on the Rights of the Child, which has been ratified by India, which makes it obligatory for all state parties to respect the right of the child to preserve his or her identity, including nationality, name and family relations without unlawful interference. Article 9 of the Convention holds parties responsible for ensuring that a child is not separated from his or her parents against their will.

In a separate application filed by Jamiat Ulema I Hind, the top court sought an explanation from the Assam government regarding the communal posts allegedly made by Assam NRC coordinator Hitesh Dev Sarma on social media.

“He should not be saying all this. You have to explain this,” CJI Bobde remarked after senior counsel Kapil Sibal drew the attention of the court to the posts made by Sarma.

Sarma, a 1989 batch civil service officer, had succeeded former Assam NRC coordinator Prateek Hajela who was transferred to Madhya Pradesh by Supreme Court in October last year.

Unveiling Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!

Get Current Updates on India News, Election 2024, Arvind Kejriwal News Live, Bihar Board 10th Result 2024 Live along with Latest News and Top Headlines from India and around the world.
SHARE THIS ARTICLE ON
Topics
Start 14 Days Free Trial Subscribe Now
OPEN APP