After 4 reminders,police withdraw circular on missing child cases

Circular had directed that all cases of missing children be disposed of within a year

After four reminders from the Delhi Commission for Protection of Child Rights (DCPCR) in as many months,the Delhi Police has finally withdrawn its contentious circular dated April 9,regarding the disposal of cases on missing children within a year.

In a fresh circular issued by Special Commissioner of Police Dharmendra Kumar,dated August 2,it has been stated: Circular no. 16/2013… dated 09.04.2013,regarding disposal of kidnapping cases is hereby withdrawn. It is clarified that the criminal cases registered into the missing of a child will be kept open till the investigation into all known aspects of that case are completed as prescribed (in the previous standing order).

The circular issued earlier by the Delhi Police had invited a lot of criticism from child rights activists. Taking note of the circular,the DCPCR had first written to the Delhi Police on May 9,asking the department to review the circular. Prima facie,this commission has found the aforesaid circular is neither tenable in the eyes of law nor in the best interest of missing children and their parents. This commission is further of the opinion that the aforesaid circular is against the spirit of the provisions of Section 108 of Indian Evidence Act,1872.

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In its latest reminder to the police,dated July 29,the DCPCR had informed the police of having taken serious note of non-compliance of its communications on such a vital issue which ought to adversely affect the case of missing children of Delhi.

You are hereby asked to comply with aforesaid communications of this commission by 15.08.2013,failing which this Commission will be left with no other alternative but to invoke the provisions of section 15 (II) of the Commissions for Protection of Child Rights Act,2005.

While the Delhi Police response to DCPCR is dated August 8,it was received by the commission on August 14.

It took the Delhi Police four months to withdraw the contentious circular,and came a month after the Union Home Ministry issued an advisory to police departments across states,asking them to presume the case of every missing child as either a case of abduction or trafficking,unless it is proved otherwise during investigation.

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According to Delhi Polices records,9,553 children are still missing in the city. The south-eastern range – comprising east,northeast and southeast districts – accounts for almost one-third of them. As many as 3,435 children are missing from this range alone.

This is followed closely by the northern and the south-western ranges,which account for 2,667 and 2,511 missing children,respectively. The least number of cases,780 children,have been reported from Central Delhi.

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