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Saturday, December 4, 2010

Fwd: North East India: Home Ministry and State Governments not complying with Supreme Court directions to vacate school and hostel buildings under occupation of security forces



---------- Forwarded message ----------
From: ACHR REVIEW <achr_review@achrweb.org>
Date: Mon, Nov 8, 2010 at 6:39 PM
Subject: North East India: Home Ministry and State Governments not complying with Supreme Court directions to vacate school and hostel buildings under occupation of security forces
To: achr_review@achrweb.org


Asian Centre for Human Rights
[ACHR has Special Consultative Status with the UN ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Tel/Fax:  +91-11- 45501889 25620583
Website: www.achrweb.org; Email: achr_review@achrweb.org


Embargoed for: 8 November 2010

Dear Sir/Madam,

The Asian Centre for Human Rights (ACHR) has the pleasure to share the
oral statement of its Director at the "High Level Meeting with respect to
the Supreme Court directions dated 1.09.2010 in the matter of Exploitation
of Children in Orphanages in the State of Tamil Nadu Vs. UOI and Ors
concerning large scale transportation of children from one state to
another" organized by the National Commission for Protection of Child
Rights in New Delhi today.

It is available at: http://www.achrweb.org/reports/india/RTE_SF.html

The Hon'ble Supreme Court of India (vide its Order dated 31.03.2010 in the
said matter) had asked the NCPCR to inquire into large scale
transportation of children from one State to another, including Manipur
and Assam to Tamil Nadu and Karnataka and to file a report in the matter.
The NCPCR inquired into the matter and submitted a report to the Hon'ble
Supreme Court on 15.07.2010.

After having considered the report of the NCPCR, the Hon'ble Supreme Court
vide its Order dated 1.09.2010 has further issued the following
directions:

"(i) The Deputy Commissioner of N.C. Hills should ensure that the schools,
hostels and children home complex presently occupied by the armed/
security forces are vacated within a month's time and it should be ensured
that the school buildings and hostels are not allowed to be occupied by
the armed or security forces in future for whatsoever purpose.

(ii) The Ministry of HRD Government of India is directed to submit a list
of schools and hostels (district- wise), collected from the State
Governments/ Union Territories Administrations which are currently
occupied by the armed/ security forces in the North Eastern States duly
indicating the date from which or duration for which such schools and
hostels have been occupied by the security forces.

(iii) The Ministry of Home Affairs (MHA) is directed to ensure that the
para military forces vacate the school and hostel buildings occupied by
them and submit an Action taken report to this Court as well as NCPCR
within two months from today.  The Ministry shall file a proper affidavit
in this matter on the next date of hearing of this writ petition.

(iv)The Ministry of DONER is directed to hold special meetings with North
Eastern States especially Assam, Arunachal Pradesh, Manipur, Meghalaya and
Nagaland to assess their requirement in terms of educational
infrastructure such as construction of school building, hostels and
children homes for support by the Ministry.

(v) The State of  Manipur and Assam are directed to ensure that no child
below the age of 12 years or those at primary school level are sent
outside for pursuing education to other states until further orders.

(vi) The NCPCR shall continue to be engaged with the 'source' as well as
'destination' States for addressing the protection issues concerning
children taken from one State to another. It is directed to hold meetings
and apprise the situation/ progress in this matter to this court.

(vii) The Union of India and all the State Governments are directed to
render necessary assistance to NCPCR."

The matter is listed for hearing before the Supreme Court on 15.11.2010
for further directions.

In his presentation, ACHR Director stated that the Ministry of Home
Affairs and the State governments in the North East are not complying with
the Supreme Court directions. The ACHR brought specific cases where
security forces are still occupying the school premises.

The ACHR Director also made further recommendations on the issue.

We thought you would find the presentation of interest.

With kind regards,

Yours sincerely



Suhas Chakma
Director





--
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/

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