Kerala child traffikcing: Ready for probe, CBI tells High Court

Bringing of children from other States; amicus curiae suggests thorough probe

The Central Bureau of Investigation (CBI) on Tuesday submitted before the Kerala High Court that it was willing to investigate a case of bringing of children from other States by its special cell for human trafficking cases.

The amicus curiae appointed by a Division Bench of the High Court in the case earlier suggested a probe by a competent agency.

The submissions were made before the Bench of Chief Justice Manjula Chellur and Justice P.R. Ramachandra Menon when a public interest writ petition on the issue came up for hearing.

Veracity of charges

In his report, amicus curiae Devan Ramachandran said the veracity of allegations and the facts in the case could be ascertained only through a competent investigation. The troubling and disturbing question was why the incident had taken place despite various parameters, safeguards, and institutional imperatives been firmly put in place by the Juvenile Justice (Care and Protection of Children) Act 2000. It should be probed whether the Child Welfare Committee (CWC) of the States concerned had certified that these children were in need of care and protection.

Section 38 and Rule 78 of the Juvenile Justice Act stipulated transfer of the child by the CWC to the competent authority with jurisdiction over the place of residence of the child. The transfer could be done only by the State government concerned in consultation with the government of the receiving State and the CWC in both the States.

Guardian of children

During the hearing, the Bench reiterated that the court had to act as a guardian and “should stand” for the welfare of these children. Since the children were “vulnerable” and who could not speak for themselves, “someone should step in and speak for them”.

The court said how and why these children were brought and what was the purpose had to be investigated properly. If the children were brought for providing education, why children in the age of four were brought.

The court was of the opinion that an inquiry should be conducted into the lapses of Railways since the children had travelled without ticket. It was clear that the tickets were not examined by the ticket examiner, that too during a long journey.

CBI counsel submitted that it was prepared to take over the investigation in view of “the sensitivity” of the case.