Tracing missing children: Bombay HC warns of action if cops do not step up efforts

The Bench pointed out that one routinely finds girl children being picked up at a very young age, particularly between 10 and 15 years, by those who supply labour and manpower to those residing in highrise buildings and societies.

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No construction site, quarry, stone crushing units, fishing trawlers, jetties, illegal liquor distilleries, repair centres, garages, etc. have been searched to trace any minor child being either employed or being found with those who may or may not be guilty of trafficking in children. Moreover, there is a migrant labour force at every such site,” said the court.

Pulling up the Maharashtra police for not being able to trace a minor girl kidnapped in 2012, the Bombay High Court recently asked them to make earnest efforts to trace missing children. The court said if the police do not undertake such efforts, “we would not hesitate to direct the Home Ministry or the Director General of Police to transfer or remove such officials who are irresponsible… their inability in investigating such cases tarnishes the image of the police machinery.”

A Bench of Justice S C Dhamadhikari and Justice Bharati Dangre was hearing a petition filed by the mother of an eight-year-old, missing since June 2012 from Nallasopara in suburban Mumbai. Noting that more than five years have passed since the child went missing, the court said, “We would not hesitate to take action ourselves in proven cases of misconduct.”

Appearing for the police, additional public prosecutor J P Yagnik filed a report by Naval Bajaj, Special Inspector General of Police, Konkan Region, which stated that he has activated the police force under his control. While earlier, the success rate in investigating cases of missing persons was 66 percent, from June to September 2017 out of 129 complaints, in 115 complaints, investigations resulted in something positive and thus the success rate has gone up to 89 percent, the report said.

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“These statistics would hardly impress us. Beyond the statistics, there is this story of a minor before us and not traced for more than five-and-half-years. We want to know as to how many more cases of missing persons would have to be brought to our notice, particularly cases of minor girl children,” said Justice Dhamadhikari.

Referring to the report, the court said not all efforts have been made. “No construction site, quarry, stone crushing units, fishing trawlers, jetties, illegal liquor distilleries, repair centres, garages, etc. have been searched to trace any minor child being either employed or being found with those who may or may not be guilty of trafficking in children. Moreover, there is a migrant labour force at every such site,” said the court. The Bench pointed out that one routinely finds girl children being picked up at a very young age, particularly between 10 and 15 years, by those who supply labour and manpower to those residing in highrise buildings and societies.

“We do not see how the police machinery does not notice all this and we, as citizens, find cars being washed, houses and utensils being cleaned, babies looked after by children employed as helps or domestic workers. As there is nothing to ascertain or verify as to who employed them or who provides them, then, every missing minor child would invariably land in such residential and non-residential buildings and will be harassed, exploited till his/her youth.”
The court has now directed the police to fix an outer limit to investigate the cases. “The old files regarding missing minors on their record would definitely spoil their reputation, image and prestige in the society,” said the court.

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