Following to the post submitted on February 16th, 2012 and email conversation on the issue HAQ has received many responses and reactions with regards to the protection of children in Arya Anathalay and also protection of children in the nation as a whole. We would like to thanks every one for sharing their concerns, responses and thereby trigger a serious discussion on the issue of child protection.

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From: cactindia@googlegroups.com [mailto:cactindia@googlegroups.com] On Behalf Of Viji Arora
Sent: Friday, February 24, 2012
Dear Bharti,

I am writing to communicate that we stand in solidarity. My colleagues from other functions have already held a discussion with you in this regard and have extended their support.

I would like to reiterate what has already been said by other groups in this regard, that this issue goes beyond this particular orphanage; what is happening is only a reflection of the gaps that exist today with the child protection mechanisms of the country. Let's locate this issue within that larger discourse and work together to advocate for appropriate changes in the child protection systems.

Look forward to the outcome of the discussion today at TDH office.

Warm Regards,
Viji

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From: Bharti Ali [mailto:bharti@haqcrc.org]
Sent: Friday, February 24, 2012 12:42 PM

Dear Atiya and Friends,

In that case we should strengthen MEAs position with a joint appeal to ensure that children are brought back and given to their family and mark a copy to the Norwegian Embassy here. An NGO delegation could also go and meet people in the Nowegian Embassy, especially if any organisations in the prochild group have received support from Norway for child rights work.

Bharti

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On 23/02/2012 13:24, Atiya Bose wrote:
Dear friends,

The failure of child protection takes many shapes and forms.

While we are watching in horror the case of the Arya orphanage in Delhi – the fallout of an absentee and apathetic state – in Norway, we witness the opposite end of the spectrum – the impact of an over-zealous state that appears to be actually trampling children's rights in an attempt to protect them.

No matter what the "real" reason is for the Bhattacharya children to have been forcibly separated from their parents for the last 8 months, it is not for Norway to determine the future of these children who are citizens of India. While the Bhattacharya parents may be found to be inadequate caregivers, Norwegian authorities admit that their conduct does not amount to criminality, abuse or excessive violence.
What about these children's right to family?

While the Ministry of External Affairs has taken up this case, many of us have heard, in public forums, very senior people of both the MWCD as well as the NCPCR take positions that in no way support these children's right to family, stating blandly that "everything is not known in this case." Let's bring the children back to their home country, where they can be cared for by any number of other relatives and conduct for ourselves an assessment of family fitness. Living in fostercare in Norway is not in the best interest of these children

Various organizations have come forward in support of the traumatized Bhattacharya family, and are making a call for support at a sit-in to be held in Delhi along with the children's grandparents. I am attaching here the flier for your reference.

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From: Anjali Singh [mailto:saakshamforchildrights@gmail.com]
Sent: Thursday, February 23, 2012 11:20 PM
To: cactindia@googlegroups.com
Dear Bharati,

Sorry for the delay in joining the support campaign for a stronger voice for child rights, but I just got to log on being on extended travel.

But here I will have to agree anjali from Pune the NGOs have lost the fire they had specially where child rights is concerned.

In UP we have further denigrated to a level where it has become a game to keeping the funding agencies happy so that the money keeps flowing. And to hell with raising the issue of child rights and protection. so we are fighting not only the system but NGOs who support this miserable system.

No one cares of the what a child is facing today, even as the violations against children get from bad to worse and some down right bone chilling when one is faced with intervention of such cases.

Though Falak is one gory example of how defunct our monitoring and protection network for children has become. I remember a case here in Lucknow of a three month old girl child who had acid poured on her face and till date remains completely disfigured, simply because there was family feud on property and the innocent child became the victim.

Its three years now no one was arrested or brought to book, despite our screaming ourselves hoarse seeking justice for the girl and even handing the case to NCPCR.

There are umpteen cases similar to the horrors children like Falak have gone through, but who is listening, who is caring, these children are not vote banks. So the Rahul Gandhis and the Akhilesh Yadavs of UP prefer to turn a blind and deaf ear to these issues.

I would like to know why do issues of child protection not become Lok Sabha and Rajya Sabha debates? Why are women commissions, child protection commissions and even the judiciary keeping mum on issues of child protection when it comes to more stringent norms?

Why has no one bothered to to say Enough is Enough! We have to put a stop to this.

Why are examples not set in landmark judgements and police actions against those accused of child right violations?

Simply because no one wants to be the one to bell the cat, particularly the NGO fraternity.

So what hope there is for the future is anyone's guess, until then we all will have to continue the fight not only against the insensitivity plaguing the juvenile system but also against a fraternity of NGOs in the system for the benefits it can get them at the cost of innocent children

Nevertheless we at Saaksham Foundation are in all support from our end for any action planned for monitoring/improving the system, of child protection in India.

regards
Anjali Singh
Saaksham Foundation
Lucknow UP

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From: kktripathy [mailto:kktripathy@butterfliesindia.org]
Sent: Thursday, February 23, 2012 6:16 PM

Dear Ms. Bharti Ali,

Greetings!

The issue concerning the lives, safety and security of over 1600 children presently in the Arya Anthalaya is of grave concern to us. Of greater importance to us is the continued impetus given to institutionalization and the continued support given to organisations which are bent upon putting children in institutions irrespective of the actual need for such acts.

We believe that all children have a right to live with their families and if the family environment is not conducive, efforts should be taken to strengthen families and not to move children away from families. We believe that such institutionalization has long term effects on the society, socialization of the children and role and identity. In our experience and reiterating some of the examples which were shared in the press preparatory meeting, many children in homes are actually children with families or have been missing or can be placed back with their families with some kind of support.

Butterflies find it necessary that
1: – Institutionalization should be the last option/resort. Efforts should be first made at restoring and supporting families to bring up their own children. Failing which foster care and other options community based strategies can be explored.

2: – It was brought to light during the press preparatory meeting abuses perpetrated against children are never reported nor do children have any mechanisms to report his/her problems to concerned adults/committee for redressal of the violation. It is imperative that mechanisms for children’s participation such as children’s committees (which are compulsory under the JJ rules) be established in all homes– government and NGOs.

3: – We had also spoken of involving the community around the institutions (More of an open door policy for neighbors) to interact, share their joys, build capacities of children. Of course it goes without saying there will have to be checks and balances in place so that children do not come to any harm by any unscrupulous adult. Experiences have shown that involvement of the community lessens the chances of any form of abuse. Opening the institutions also aids the child in building citizenship and also prevents social isolation of the child.

4: – Refer point number 9: – While organisations can have stringent and meticulous selection procedures to hire personnel who would be in direct contact with children, the staff would agree and sign the child protection policy of the organisation; never the less there can always be aberrations. We believe that the management is responsible for laying out procedures, policies, strict monitoring, in spite of all good and professional intent of the management, a violation of child rights (protection) can occur.
This would not mean that the management is party to the violation; the violation has been committed by an individual and not the management or organisation. The individual not the management needs to be penalized. The management/organisation should make every effort to bring the perpetrator to book.

Appearance of such penalty clauses on the management could discourage many grassroots organisations from working directly with children. This may negatively impact the lives of many children who really need care and protection.

We would also like to table that most of these issues were raised by us in the press preparatory meeting, but none of them have appeared in the………….

With warm regards

Krishna Kr Tripathy and Shashidhar
Butterflies – Programme with street and working children

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From: Bharti Ali [mailto:bharti@haqcrc.org]
Sent: Thursday, February 23, 2012 2:41 PM
Dear Jose,

I agree with you completely. The larger issues must get highlighted especially as the Government is in the process of finalising the Protection of Children against vSexual Offences Bill and is also drafting amendments to the JJ Act. Am sharing the Memorandum that went out. It carried both general concerns as well as those specific to the Arya orphanage case.

This also means that for some time we all meet more frequently and plan the next moves. It is important to to do the right things at the right time and time does not wait!

Bharti

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From: prochildcoalition@googlegroups.com [mailto:prochildcoalition@googlegroups.com] On Behalf Of Jose Bergua
Sent: Thursday, February 23, 2012 2:05 PM
Dear all,

As the Child Protection team in UNICEF, we have been closely following the discussion and opinions that have come through regarding the Falak and the Arya orphanage cases, both before and after the last Pro-Child meeting on Friday 17th. In this context, I wanted to share some thoughts.

First of all, we would be happy to endorse a statement that Pro-Child might be willing to make. However, we would encourage a statement that builds on the specific cases but draw considerations on the gaps of the system (the lack of coordination between bodies, the speed of the process, the protection of children throughout the process and the standards in institutions). We believe it is important that we, as a Coalition, report and intervene on specific cases but without losing sight of the bigger picture and our role as advocates so we can trigger improvements in the system. Having said that, I want to stress that the initiatives taken by individual organisations in the past few days in response to these cases have all our support and solidarity.

Secondly, we have discussed with our communication section and we will be able to facilitate access to the media for the Coalition. Currently, we are exploring two possibilities: a) having different NGO members of the Coalition to speak at a talk show and b) having NGOs act as source for articles in the press. Once again, we believe it would be more effective to talk about the issue by looking at the bigger picture and reporting the gaps in the system but without using a sensational approach.

I also wanted to share with you that I called both MWCD (JS Madan, in charge of ICPS – JJ Act) and NCPCR (Shanta Sinha) to ask what they were doing in the specific case of the Arya orphanage. Not much, as this is a State responsibility, but MWCD was open to get ideas from us on how to proactively respond to these situations.

I am also curious to know what the Delhi SCPCR is doing in those cases, because I have not heard anything coming from them. I know there is no chairperson at present, but it seems that has not prevented them from arguing to the Supreme Court against the decriminalization of homosexuality, in order to protect children against moral abandonment… I wonder where the priorities of some of those institutions are….

Very warm regards to all,

Jose

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From: prochildcoalition@googlegroups.com
[mailto:prochildcoalition@googlegroups.com] On Behalf Of Pandey, Neelima
Sent: Monday, February 20, 2012 3:52 PM

Dear Bharti and All,

This has been extremely painful for Plan India as well to observe such an incident at the heart of our country. It is in fact not only a blatant violation of Children's right to protection but also undermines the existence of child as a citizen of this country.

Plan India, reaffirms that any form of abuse to children is non-negotiable for us and we are in solidarity/partner with any such efforts. We strongly stand by to Zero Tolerance approach.

Incident being the most heinous one, highlighted again the negligence of governance towards child protection mechanisms and spaces. People who have been entrusted to protect a child have been into abusing them.

As this time is witnessing the most forbidding incident, it demands greater coalition of individuals/institutions to come closer for working towards not only voicing the situation but aiming to bring sustainable changes.

We are in Solidarity with all efforts aiming towards bringing positive change in the situation.

Kind Regards,

Tushar Anchal,
Technical Advisor- Child Protection
Dr. Neelima Pandey
Senior Program Manager (child Protection Focal Point Person)
North India
Plan India
E-12 Kailash Colony, New Delhi

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From: Shireen Miller [mailto:s.miller@savethechildren.in]
Sent: Monday, February 20, 2012 11:08 AM

Dear Bharti,

You are quite right that we failed to speak out on this issue and I thank you for calling it to our attention .
I have just met with Aftab and our media officer to see how best we can support this and make sure we do not ignore this again !
I hear that you are organising a press conference today which is a very good idea.

It is shocking that the wardens who have abused to children are still in the orphanage.

See you later today.
Best wishes
Shireen

Shireen Vakil Miller
Director of Advocacy and Policy
SAVE THE CHILDREN,INDIA

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From: prochildcoalition@googlegroups.com
Sent: Saturday, February 18, 2012 1:32 AM
To: prochildcoalition@googlegroups.com
Subject: Ongoing Delhi case

Dear All,

In furtherance of Pro-child Coalition meeting of today and the action points that have emerged, I have following submission to make for consideration and action:
The case in point is of Arya Anathalay children and their protection matter.

As Pro-child Coalition, let us make our position public in favour of protection of children of Arya Anathalay. Anything less than this will amount to our shying away from taking stand when, to my mind, lot of issues require to be placed in position keeping the best interest of children in view.

1. That the DWCD must constitute a Committee for preparing a Protocol for Protective Intervention for Arya Anathalay children. This Committee should comprise of individuals who have expertise on child protection matter specifically sexual abuse, as allegedly there seems to be sexual abuse. The Committee should be a neutral body having no member from any concerned party.
2. Children urgently are in need of support and counseling to withstand the atmosphere that gets generated as a result of such episode in the institution. This must be under the guidance of the aforesaid Committee as stated in point 1.
3. It seems the parents of the children are not allowed to even meet their own children. The trauma both of children and their parents should be recognized and action taken.
4. I believe that the staff alleged are still residing with the children. Both need to be segregated to prevent abuse of the children and relieve the children of emotional burden, psychological trauma and great sense of insecurity.
5. It seems the medico-legal examination of the concerned children is still a far cry which should have happened at the time of alleging of sexual abuse by some children. For any such MLC, only a Civil Hospital having a properly constituted Medical Board is eligible and no other medical person/ doctor. Concerned agency needs to be questioned for such relaxed attitude in this serious matter of alleged abuse of children.
6. Let the issue not wither away with passage of time, therefore, take it to logical end. Let one and all know that any abuse irrespective of its magnitude or severity will NOT BE TOLERATED at any cost.

Friends let us join hands for the cause we are so much proclaiming.
Awaiting response leading to concerted action.

In solidarity,

Bharti Sharma