HAQ:Centre for Child Rights and the ongoing case of the Orphanage-Arya Anathalaya, New Delhi
Over the last few weeks there has been extensive news coverage on coverage around the death of a child, and the post-mortem showing rape and sodomy in the Arya Anaythalaya, and the report by HAQ:Centre for Child Rights and the Child Welfare Committee, Mayur Vihar, Delhi that children are being subjected to violence and abuse inside the home.
A lot has also been written about HAQ’s role and our report which was prepared in co-operation with the Delhi Police. Unfortunately, as it often happens with media reporting, a lot is said, but much remains unsaid or inadequately reported.
In the mean time, the back lash has also begun. The management of the orphanage have accused HAQ of being vindictive and malicious. They have accused HAQ of using “third degree measures” to talk to children and have announced that they plan to serve a legal notice to HAQ. Indeed, in the latest press reports, the management of the Orphanage have tried to even give it a communal colour by saying that we have are being vindictive to them for communal reasons(See Times of India, 14 February page 5). Needless to say such allegations are not just absurd, but indeed can be dangerous in an area that is already sensitive in this respect.
For those of us who have been taking on such initiatives and fighting for children's protection, the story may sound very familiar.
It is in this backdrop, it becomes imperative that the facts of the case as they are be recorded and presented.
It all began when an 11 year old child of Arya Anathalaya had died due to diarrohoea and whose postmortem and some other medical reports declared that she had been subjected to repeated vaginal and anal sexual abuse.
Since the child was no more, investigation in the case had become difficult, on 27th January 2012,the Delhi Police (Central District) sought HAQ’s assistance in talking to the other children in the Orphanage to see if they had something to say that could help them with carrying the investigation process forward.
To facilitate this, a meeting was held in which the HAQ team, on 27th January itself a meeting was held at the office of Additional Commissioner of Police, Central District, Daryaganj, which was attended by senior police officials the police investigation team, some staff members of Kanya Sadan, Arya Anathalaya and the Principal of the government school being operated within the premises of Arya Anathalaya and HAQ representatives.
The HAQ team was introduced to the members of the orphanage and they were informed that the team will be visiting the orphanage and would talk to the children staying there. Their co-operation in this regard was sought.
It was only after this meeting that the a team of two-three HAQ members, accompanied by with a team of Delhi Police personnel consisting of a Sub Inspector (SI), the investigating officer (IO ) and two lady police officers from the Jama Masjid Police Station, began visiting the Anathalaya and talking to children in groups and individually. The children were scared to talk, but slowly began to open up. The team spoke to boys and to the girls.
Suddenly on 3rd February 2012, HAQ was stopped from entering the premises on the grounds. The management of the orphanage demanded that the Delhi Police appoint a government counsellor instead of HAQ. According to the management, since the institution was not covered by the Juvenile Justice Act (they are not registered under the Act), they have the right not allow outsiders to come in and investigate on internal matters.
Nevertheless, even in the brief period that we were able interact with the children, what came out was that while the institution provides good food and clothing to children, there is gross violation of many standards of care and protection. Our experience of working with children, counselling child survivors of all kinds of crimes as well as children in conflict with law, holding workshops with children on child rights, child protection and children's participation, as well as preparing training manuals on child abuse and child protection helped us a great deal in proceeding with the interactions with children in the orphanage and helped them to share their stories and concerns with us.
Song, dance and drawing sessions and interactions held with children in groups brought to light tales of abuse, the fact that children were scared of the staff in the institution, that they wouldn't even go anywhere near their warden's bed as that could put them in trouble and would avoid seeking medical assistance from the person in-charge of the dispensary if ever required as she would scold and beat them up for approaching her. The children shared heart rending stories of physical abuse, mental cruelty and sexual abuse ranging from eve-teasing and molestation to rape and sodomy.
There are several infrastructure related issues as well that the children are unhappy about. Because of the way the children are housed, smaller children who are kept on the upper floor, find access to food, dispensary and other basic services difficult. Some toilets in the primary school operating within the same premises remain locked forcing girls and boys to use the same toilet.
What is more, the staff is completely untrained. The in-charge of the dispensary is not trained even to provide first aid. None of them are social workers. Many are women who have lived in the orphanage themselves and have been accommodated as staff after growing up. Some are widows or victims of a bad marriage. Most seem to have been subjected to some or the other form of abuse and exploitation in their life and they do not know better ways of dealing with children.
Unfortunately, fear of reprisal forced most children to be circumspect in their sharing. Children who would speak one day would be silent the next day and avoided the visiting team from HAQ and Delhi Police, and indication of the fact that they had been reprimanded for having opened up. Girls who would come and whisper t when the time came to talk saying that they would be beaten up if they were seen spending time with us.
In short, the six days that HAQ spent inside the orphanage brought to light names of older boys and male staff who were held responsible by some children for sexual abuse which has been shared with the Delhi Police as well as the Government of Delhi.
However, when the Addl. DCP, Central District asked the Secretary of the organisation, who is charge of the orphanage, if he was aware of the abuse going on inside his institution. He denied it, however quickly adding that there was one incidence of sodomy that had come to his notice, where he had called the father of the accused (an older boy in the institution) and asked him to take the child back, but then readmitted the child after two months on the request of the father !
What is more, many of HAQ’s observations find resonance in the report submitted by the members of Child Welfare Committee, Mayur Vihar who also visited the orphanage on behest of the Government of Delhi.
Under the circumstances, the protection of all those children who found the courage to speak up is of paramount importance.
Most children who are in the oprphanage, including those who are no longer there are not 'orphans' in the strict sense of the word. They come from poor families who chose to send their children to a residential facility where they can be kept away from the unsafe environment in the locality where they live and also receive education. Little did they realise that they were compromising their children’s safety. However, this also now means that these children must be kept with their families and ensured the continuation of their education.
Since the interactions with the children had taken place in the presence of the police officials, we had assumed that children who had come forward to speak up would receive immediate protection. Unfortunately, when this did not happen until on 10th February, HAQ sent a written report to the Police Commissioner, with copies marked to the Jt. Commissioner, Northern Range, Jt. Commissioner, Special Police Unit for Women and Children, DCP, Central District and Addl. DCP, Central District requesting immediate action.
Thereupon an FIR was filed against a juvenile, booking him in the case of the deceased child for sexual abuse. This juvenile was named because a boy in the institution had implicated him for sexual abuse. His involvement in the case of the deceased girl was ascertained on the account of two girls from the institution, who identified the boy and got their statements recorded under Section 164 CrPC. Later another FIR was booked against the same boy based on the statement of the smaller boy who had implicated him. The matter is now pending before the Juvenile Justice Board.
On 13 February, Dr. Kiran Walia, Minister of Women and Child Delhi Government, has taken note of the need for protection of the children inside the institution and issued directions to book FIRs against all the staff and others alleged to be abusers and we hope such action will be expedited.
We truly appreciate Dr. Kiran Walia's intervention and her sensitivity in dealing with this situation, realising the need for providing immediate protection and taking charge of the administration of the institution as well as ensuring that the school going children inside do not lose out one full academic year when the exams are around the corner. She has also been sensitive to the fact that closing down an institution which houses so many children in not where the solution lies.
HAQ’s interventions to support the children did not end with the investigative report that it presented to the government. It has been working to support the children, the Delhi government and the police in this case.
Some children have already been withdrawn from the orphanage by their parents on coming to know of the violations inside it. These children meet us with a big smile and hugs and we hope to see them smiling all through their life.
We have sought help from A.V. Baliga Memorial Trust in ensuring school admission for the deceased child's brother, who is deaf and mute, and sister who used to study in class II in the same institution along with two other girls from the neighbourhood, who were pulled out of the institution after the matter came to light. Since the deceased child's mother does not wish to send any of her children to a residential facility any more, we have to ensure that their right to free and compulsory education and inclusive education does not stand compromised.
Dr. Kiran Walia has promised to help them get their Transfer Certificates without delay, to enable them seek admission in other schools. However, since the academic session is coming to an end, most schools will refuse admission at this point of time and some children may inevitably have to lose out on an academic session. As of now their families have come to terms with this, but they look forward to school admission in the next academic session.
In an effort to get greater protection for the children inside the institution and all those children who have spoken up, as also to expedite action against the staff whom the children had named, HAQ has sent a letter petition to the Acting Chief Justice of the Delhi High Court, who has taken cognizance of it.
It is important that we state that a child protection policy is integral to HAQ's functioning and every staff in HAQ is under the obligation to follow the policy while interacting with children. As HAQ works on holding the state accountable it also promotes and stands for NGO accountability. Such measures have helped HAQ steer ahead in its vision, mission, aims and goals.
Comments
Following to the above post and email conversation on the issue HAQ has received many responses and reactions with regards to the protection of children in Arya Anathalay and also protection of children in the nation as a whole. We would like to thanks every one for sharing their concerns, responses and thereby trigger a serious discussion on the issue of child protection.
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From: cactindia@googlegroups.com [mailto:cactindia@googlegroups.com] On Behalf Of Viji Arora
Sent: Friday, February 24, 2012
Dear Bharti,
I am writing to communicate that we stand in solidarity. My colleagues from other functions have already held a discussion with you in this regard and have extended their support.
I would like to reiterate what has already been said by other groups in this regard, that this issue goes beyond this particular orphanage; what is happening is only a reflection of the gaps that exist today with the child protection mechanisms of the country. Let's locate this issue within that larger discourse and work together to advocate for appropriate changes in the child protection systems.
Look forward to the outcome of the discussion today at TDH office.
Warm Regards,
Viji
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From: Bharti Ali [mailto:bharti@haqcrc.org]
Sent: Friday, February 24, 2012 12:42 PM
Dear Atiya and Friends,
In that case we should strengthen MEAs position with a joint appeal to ensure that children are brought back and given to their family and mark a copy to the Norwegian Embassy here. An NGO delegation could also go and meet people in the Nowegian Embassy, especially if any organisations in the prochild group have received support from Norway for child rights work.
Bharti
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On 23/02/2012 13:24, Atiya Bose wrote:
Dear friends,
The failure of child protection takes many shapes and forms.
While we are watching in horror the case of the Arya orphanage in Delhi - the fallout of an absentee and apathetic state - in Norway, we witness the opposite end of the spectrum - the impact of an over-zealous state that appears to be actually trampling children's rights in an attempt to protect them.
No matter what the "real" reason is for the Bhattacharya children to have been forcibly separated from their parents for the last 8 months, it is not for Norway to determine the future of these children who are citizens of India. While the Bhattacharya parents may be found to be inadequate caregivers, Norwegian authorities admit that their conduct does not amount to criminality, abuse or excessive violence.
What about these children's right to family?
While the Ministry of External Affairs has taken up this case, many of us have heard, in public forums, very senior people of both the MWCD as well as the NCPCR take positions that in no way support these children's right to family, stating blandly that "everything is not known in this case." Let's bring the children back to their home country, where they can be cared for by any number of other relatives and conduct for ourselves an assessment of family fitness. Living in fostercare in Norway is not in the best interest of these children
Various organizations have come forward in support of the traumatized Bhattacharya family, and are making a call for support at a sit-in to be held in Delhi along with the children's grandparents. I am attaching here the flier for your reference.
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From: Anjali Singh [mailto:saakshamforchildrights@gmail.com]
Sent: Thursday, February 23, 2012 11:20 PM
To: cactindia@googlegroups.com
Dear Bharati,
Sorry for the delay in joining the support campaign for a stronger voice for child rights, but I just got to log on being on extended travel.
But here I will have to agree anjali from Pune the NGOs have lost the fire they had specially where child rights is concerned.
In UP we have further denigrated to a level where it has become a game to keeping the funding agencies happy so that the money keeps flowing. And to hell with raising the issue of child rights and protection. so we are fighting not only the system but NGOs who support this miserable system.
No one cares of the what a child is facing today, even as the violations against children get from bad to worse and some down right bone chilling when one is faced with intervention of such cases.
Though Falak is one gory example of how defunct our monitoring and protection network for children has become. I remember a case here in Lucknow of a three month old girl child who had acid poured on her face and till date remains completely disfigured, simply because there was family feud on property and the innocent child became the victim.
Its three years now no one was arrested or brought to book, despite our screaming ourselves hoarse seeking justice for the girl and even handing the case to NCPCR.
There are umpteen cases similar to the horrors children like Falak have gone through, but who is listening, who is caring, these children are not vote banks. So the Rahul Gandhis and the Akhilesh Yadavs of UP prefer to turn a blind and deaf ear to these issues.
I would like to know why do issues of child protection not become Lok Sabha and Rajya Sabha debates? Why are women commissions, child protection commissions and even the judiciary keeping mum on issues of child protection when it comes to more stringent norms?
Why has no one bothered to to say Enough is Enough! We have to put a stop to this.
Why are examples not set in landmark judgements and police actions against those accused of child right violations?
Simply because no one wants to be the one to bell the cat, particularly the NGO fraternity.
So what hope there is for the future is anyone's guess, until then we all will have to continue the fight not only against the insensitivity plaguing the juvenile system but also against a fraternity of NGOs in the system for the benefits it can get them at the cost of innocent children
Nevertheless we at Saaksham Foundation are in all support from our end for any action planned for monitoring/improving the system, of child protection in India.
regards
Anjali Singh
Saaksham Foundation
Lucknow UP
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From: kktripathy [mailto:kktripathy@butterfliesindia.org]
Sent: Thursday, February 23, 2012 6:16 PM
Dear Ms. Bharti Ali,
Greetings!
The issue concerning the lives, safety and security of over 1600 children presently in the Arya Anthalaya is of grave concern to us. Of greater importance to us is the continued impetus given to institutionalization and the continued support given to organisations which are bent upon putting children in institutions irrespective of the actual need for such acts.
We believe that all children have a right to live with their families and if the family environment is not conducive, efforts should be taken to strengthen families and not to move children away from families. We believe that such institutionalization has long term effects on the society, socialization of the children and role and identity. In our experience and reiterating some of the examples which were shared in the press preparatory meeting, many children in homes are actually children with families or have been missing or can be placed back with their families with some kind of support.
Butterflies find it necessary that
1: - Institutionalization should be the last option/resort. Efforts should be first made at restoring and supporting families to bring up their own children. Failing which foster care and other options community based strategies can be explored.
2: - It was brought to light during the press preparatory meeting abuses perpetrated against children are never reported nor do children have any mechanisms to report his/her problems to concerned adults/committee for redressal of the violation. It is imperative that mechanisms for children’s participation such as children’s committees (which are compulsory under the JJ rules) be established in all homes-- government and NGOs.
3: - We had also spoken of involving the community around the institutions (More of an open door policy for neighbors) to interact, share their joys, build capacities of children. Of course it goes without saying there will have to be checks and balances in place so that children do not come to any harm by any unscrupulous adult. Experiences have shown that involvement of the community lessens the chances of any form of abuse. Opening the institutions also aids the child in building citizenship and also prevents social isolation of the child.
4: - Refer point number 9: - While organisations can have stringent and meticulous selection procedures to hire personnel who would be in direct contact with children, the staff would agree and sign the child protection policy of the organisation; never the less there can always be aberrations. We believe that the management is responsible for laying out procedures, policies, strict monitoring, in spite of all good and professional intent of the management, a violation of child rights (protection) can occur.
This would not mean that the management is party to the violation; the violation has been committed by an individual and not the management or organisation. The individual not the management needs to be penalized. The management/organisation should make every effort to bring the perpetrator to book.
Appearance of such penalty clauses on the management could discourage many grassroots organisations from working directly with children. This may negatively impact the lives of many children who really need care and protection.
We would also like to table that most of these issues were raised by us in the press preparatory meeting, but none of them have appeared in the………….
With warm regards
Krishna Kr Tripathy and Shashidhar
Butterflies - Programme with street and working children
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From: Bharti Ali [mailto:bharti@haqcrc.org]
Sent: Thursday, February 23, 2012 2:41 PM
Dear Jose,
I agree with you completely. The larger issues must get highlighted especially as the Government is in the process of finalising the Protection of Children against vSexual Offences Bill and is also drafting amendments to the JJ Act. Am sharing the Memorandum that went out. It carried both general concerns as well as those specific to the Arya orphanage case.
This also means that for some time we all meet more frequently and plan the next moves. It is important to to do the right things at the right time and time does not wait!
Bharti
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From: prochildcoalition@googlegroups.com [mailto:prochildcoalition@googlegroups.com] On Behalf Of Jose Bergua
Sent: Thursday, February 23, 2012 2:05 PM
Dear all,
As the Child Protection team in UNICEF, we have been closely following the discussion and opinions that have come through regarding the Falak and the Arya orphanage cases, both before and after the last Pro-Child meeting on Friday 17th. In this context, I wanted to share some thoughts.
First of all, we would be happy to endorse a statement that Pro-Child might be willing to make. However, we would encourage a statement that builds on the specific cases but draw considerations on the gaps of the system (the lack of coordination between bodies, the speed of the process, the protection of children throughout the process and the standards in institutions). We believe it is important that we, as a Coalition, report and intervene on specific cases but without losing sight of the bigger picture and our role as advocates so we can trigger improvements in the system. Having said that, I want to stress that the initiatives taken by individual organisations in the past few days in response to these cases have all our support and solidarity.
Secondly, we have discussed with our communication section and we will be able to facilitate access to the media for the Coalition. Currently, we are exploring two possibilities: a) having different NGO members of the Coalition to speak at a talk show and b) having NGOs act as source for articles in the press. Once again, we believe it would be more effective to talk about the issue by looking at the bigger picture and reporting the gaps in the system but without using a sensational approach.
I also wanted to share with you that I called both MWCD (JS Madan, in charge of ICPS - JJ Act) and NCPCR (Shanta Sinha) to ask what they were doing in the specific case of the Arya orphanage. Not much, as this is a State responsibility, but MWCD was open to get ideas from us on how to proactively respond to these situations.
I am also curious to know what the Delhi SCPCR is doing in those cases, because I have not heard anything coming from them. I know there is no chairperson at present, but it seems that has not prevented them from arguing to the Supreme Court against the decriminalization of homosexuality, in order to protect children against moral abandonment... I wonder where the priorities of some of those institutions are....
Very warm regards to all,
Jose
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From: prochildcoalition@googlegroups.com
[mailto:prochildcoalition@googlegroups.com] On Behalf Of Pandey, Neelima
Sent: Monday, February 20, 2012 3:52 PM
Dear Bharti and All,
This has been extremely painful for Plan India as well to observe such an incident at the heart of our country. It is in fact not only a blatant violation of Children's right to protection but also undermines the existence of child as a citizen of this country.
Plan India, reaffirms that any form of abuse to children is non-negotiable for us and we are in solidarity/partner with any such efforts. We strongly stand by to Zero Tolerance approach.
Incident being the most heinous one, highlighted again the negligence of governance towards child protection mechanisms and spaces. People who have been entrusted to protect a child have been into abusing them.
As this time is witnessing the most forbidding incident, it demands greater coalition of individuals/institutions to come closer for working towards not only voicing the situation but aiming to bring sustainable changes.
We are in Solidarity with all efforts aiming towards bringing positive change in the situation.
Kind Regards,
Tushar Anchal,
Technical Advisor- Child Protection
Dr. Neelima Pandey
Senior Program Manager (child Protection Focal Point Person)
North India
Plan India
E-12 Kailash Colony, New Delhi
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From: Shireen Miller [mailto:s.miller@savethechildren.in]
Sent: Monday, February 20, 2012 11:08 AM
Dear Bharti,
You are quite right that we failed to speak out on this issue and I thank you for calling it to our attention .
I have just met with Aftab and our media officer to see how best we can support this and make sure we do not ignore this again !
I hear that you are organising a press conference today which is a very good idea.
It is shocking that the wardens who have abused to children are still in the orphanage.
See you later today.
Best wishes
Shireen
Shireen Vakil Miller
Director of Advocacy and Policy
SAVE THE CHILDREN,INDIA
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From: prochildcoalition@googlegroups.com
Sent: Saturday, February 18, 2012 1:32 AM
To: prochildcoalition@googlegroups.com
Subject: Ongoing Delhi case
Dear All,
In furtherance of Pro-child Coalition meeting of today and the action points that have emerged, I have following submission to make for consideration and action:
The case in point is of Arya Anathalay children and their protection matter.
As Pro-child Coalition, let us make our position public in favour of protection of children of Arya Anathalay. Anything less than this will amount to our shying away from taking stand when, to my mind, lot of issues require to be placed in position keeping the best interest of children in view.
1. That the DWCD must constitute a Committee for preparing a Protocol for Protective Intervention for Arya Anathalay children. This Committee should comprise of individuals who have expertise on child protection matter specifically sexual abuse, as allegedly there seems to be sexual abuse. The Committee should be a neutral body having no member from any concerned party.
2. Children urgently are in need of support and counseling to withstand the atmosphere that gets generated as a result of such episode in the institution. This must be under the guidance of the aforesaid Committee as stated in point 1.
3. It seems the parents of the children are not allowed to even meet their own children. The trauma both of children and their parents should be recognized and action taken.
4. I believe that the staff alleged are still residing with the children. Both need to be segregated to prevent abuse of the children and relieve the children of emotional burden, psychological trauma and great sense of insecurity.
5. It seems the medico-legal examination of the concerned children is still a far cry which should have happened at the time of alleging of sexual abuse by some children. For any such MLC, only a Civil Hospital having a properly constituted Medical Board is eligible and no other medical person/ doctor. Concerned agency needs to be questioned for such relaxed attitude in this serious matter of alleged abuse of children.
6. Let the issue not wither away with passage of time, therefore, take it to logical end. Let one and all know that any abuse irrespective of its magnitude or severity will NOT BE TOLERATED at any cost.
Friends let us join hands for the cause we are so much proclaiming.
Awaiting response leading to concerted action.
In solidarity,
Bharti Sharma
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