NCPCR Seeks Registration Of FIR Under POCSO Act For Sexual Abuse At Institution Run By Missionaries Of Charity In Jharkhand After Apex Declines Its Plea

The National Commission for Protection of Child Rights (NCPCR) has called for immediate action on cases of sexual abuse, trafficking, and illegal selling of minors allegedly occurring at an institution managed by the Missionaries of Charity in Jharkhand.

In a letter dated October 4, 2024, addressed to the Chief Secretary and Director General of Police (DGP) of Jharkhand, the NCPCR called for registration of FIR under the Protection of Children from Sexual Offences (POCSO) Act, 2012, based on statements of victims that were recorded by the Child Welfare Committee earlier.

Earlier this week, the Supreme Court had dismissed a petition filed by the NCPCR alleging illegal sale of children in charity homes run by the Missionaries of Charity. It sought a time-bound, court-monitored investigation of such organizations in Jharkhand, as well as the formation of Special Investigation Teams (SITs) across several states to look into similar activities. The Court dismissed the petition holding that the statutory body cannot invoke Article 32 of the Constitution.

However, the Apex Court had reserved the right of the NCPCR to take steps as per the Commission for Protection of Child Rights Act, 2005.

The NCPCR's letter refers to a visit to Dumka on August 30, 2019, during which the Child Welfare Committee (CWC) provided statements from victims of sexual abuse. These statements were recorded at the request of the District Administration of Ranchi, but, according to the NCPCR, no action has been taken by the administration or local police since. The Commission noted that the victims clearly described sexual abuse, yet neither the District Administration nor the Superintendent of Police in Ranchi and Dumka initiated action under the POCSO Act. The NCPCR emphasized that these offenses require mandatory reporting under the Act, deeming the lack of action a blatant violation.

Additionally, a preliminary Action Taken Report submitted in response to a summons revealed that 13 more victims had been recovered from the Nirmal Hriday Centre managed by the Missionaries of Charity. Documents seized during the inquiry reportedly contained information on pregnancies and sexual abuse, with some victims identified as minors. Eight of these minors were from Dumka, and their information had already been shared with the local administration.

The NCPCR expressed concern that the documents may contain details about minors from other districts or states who were also victims of abuse. Moreover, documents seized during the inquiry pointed to multiple cases of sexual abuse, including pregnancies among victims, some of whom were minors. The NCPCR stressed the need for a thorough investigation to ascertain whether other victims from districts across Jharkhand may have been involved in similar abuse.

The Commission, dissatisfied with the state’s response to these grave allegations, has approached the Supreme Court for intervention, which resulted in the aforesaid Judgment.

Hence, the NCPCR has pressed for immediate registration of FIRs and has invoked its powers under Section 15 of the CPCR Act, 2005, to ensure proper investigation and protection of minors involved in these heinous crimes.

Furthermore, the Commission requested a detailed report on victims who may have been trafficked or sexually abused, particularly those from outside Jharkhand. The NCPCR has demanded an action-taken report within five days of receiving the letter to ensure swift legal proceedings.