FIR now must for missing child cases
Months after the Justice Verma committee drew the Centre’s attention to the nexus between missing children and human trafficking in the country, the government has made it mandatory for law enforcement agencies to treat every case of a missing child as one of abduction or trafficking and record an FIR within 24 hours.
The investigation of such cases will also necessarily have to be overseen by a magistrate.
“In case of every missing child reported, there will be an initial presumption of either abduction or trafficking, unless, in the investigation, the same is proved otherwise,’’ the Union home ministry has told all states and UTs.
Asking states to comply with the directions of the Supreme Court on missing children, it says whenever any complaint is filed before the police authorities regarding a missing child, the same must be entertained under Section 154 CrPC, which makes it mandatory for the police officer to record in writing every information relating to the commission of a cognisable offence.
Demanding the strict implementation of the Juvenile Justice Act, the MHA has told states to immediately post at least one Juvenile Welfare Officer in police stations .
Paralegal volunteers, who have been recruited by the Legal Services Authorities, should be utilised, so that there is, at least, one paralegal volunteer in the police station to keep a watch over the manner in which the complaints regarding missing children and other offences against children are dealt with,” the home ministry says.
Realising the need to monitor the probe in such cases which fail to get due attention of the police, the MHA has said that a protocol should be established by the local police with the high courts and also with the State Legal Services Authorities for monitoring the case of a missing child.
The ministry of home affairs has defined a missing child as “any person, below 18 years of age, whose whereabouts are not known to the parents, legal guardians and any other person who may be legally entrusted with the custody of the child, whatever may be the circumstances or causes of disappearance.’’
The state governments have also been asked to set up shelter homes with proper infrastructure. “Such homes should be put in place within three months, at the latest. Any private home shall not be entitled to receive a child, unless forwarded by the Child Welfare Committee and unless they comply with all the provisions of the Juvenile Justice Act, including registration,” the ministry of home affairs said.
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