2010 INSC 0316
SUPREME COURT OF INDIA

Re: Exploi. of Chiln. Inj Orph. in ST. of T.N.

Vs.

Union of India (UOI)

(K.G.Balakrishnan CJI. Deepak Verma and B.S.Chauhan JJ.)

31.03.2010

ORDER

1. It is alleged that a large number of children below the age of 16 years have been illegally
transported from North-East States to State of Tamil Nadu. This Court had issued notice to
the State of Tamil Nadu and had asked the concerned S.P. to submit Report.Pursuant thereto,
Superintendent of Police, Kanyakumari district of Tamil Nadu has filed his Affidavit. It is
mentioned therein that it was found that 76 malnourished children, from Manipur and Assam
were kept at child care home at Kuzhithurai in Kanyakumari District of Tamil Nadu. On
inquiry it was found that these children with the help of an elder person travelled from
Manipur and initially were admitted to school but taken to this centre. All children belong to
Kuki tribe by name 'sema'. The initial inquiry revealed that the parents of the children handed
over them to some persons due to poverty and social background, thinking that the children
will be provided with better education and health care, but facts revealed to be otherwise.

2. The Amicus Curiae points out that subsequently some more children came from North-
Eastem States to Tamil Nadu. Pursuant to the investigation made by the Superintendent of
Police, all children were repatriated to the State of Manipur and are said to be with their
respective familites.

3. As there is an allegation that large scale of transportation of children from North-Eastern
States is still going on, we would like to have an inquiry in this matter as it may ultimately
affect the welfare of these children.

4. The Union of India has enacted the Commissions for Protection of Child Rights Act, 2005,
and as per Section 3 of the said Act, the National Commission for Protection of Child Rights
has been constituted and as per Section 15 of the Act, the Commission can conduct inquiry
with regard to violation of child rights of a serious nature or contravention of provisions of
any law for the time being in force.

5. In view of the serious allegations made in the petition, we are of the view that matter
required further investigation. Accordingly, National Commission for Protection of Child
Rights is requested to conduct an inquiry with regard to large scale transportation of children

       1                                                  SpotLaw
from one State to another. The Commission is requested to conduct inquiry regarding this
matter and file a Report within a period of three weeks. If the Commission is so advised, it
may take assistance of an expert they deem fit to conduct such an inquiry. Notice be also
issued to the State of Manipur and Assam. The Superintendent of Police, Kanyakumari
district, Tamil Nadu shall render all help to the Commission to complete the inquiry and
would submit further detailed Affidavit showing the names, addresses and other necessary
details of the children who have been repatriated to their home State,

6. The State Governments, who have so far not filed counter affidavits, shall file the same
within a period of four weeks.

7. Registrar to communicate the order to the Commission urgently.

8. List in the 1st week of May, 2010.

2  SpotLaw