Quizzing Bidar kids prima facie violation of child rights: Karnataka HC

The Karnataka High Court on Monday said the police prima facie violated children’s rights while interrogating students of Shaheen Education Society at Bidar in January 2020. A division bench headed by Chief Justice Abhay Shreeniwas Oka directed the state government to ensure that such incidents do not recur.

The petition had questioned the investigation carried out by the police in connection with the play staged by students against the Citizenship Amendment Act, 2019. The PIL was filed by advocate Nayana Jyothi Jhawar and South India Cell for Human Rights Education and Monitoring (SICHREM). The petitioners sought a departmental inquiry and action against the police personnel involved in questioning the minor students.

The bench pointed out that photographs placed before the court in March 2020 show that the schoolchildren (two boys and one girl) were interrogated by five police persons, with four officials in full uniform and at least two of them seen carrying firearms. The court noted that these acts of the policemen were in violation of the Juvenile Justice Act and Rules.

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“Prima facie this is a serious case of violation of rights of children and provisions of Juvenile Justice (Care and Protection) Act. We direct the state government to respond by filing a response stating on record what action has been initiated against the police officials who interrogated the school children while wearing uniforms and while carrying firearms,” the bench said.

The court has also asked the state government to consider issuing necessary directions to the policemen across the state to ensure violations of children’s rights do not take place. The bench also directed the state government that a senior officer, higher than the rank of the DCP who submitted the affidavit, be nominated by the state DGP and IGP to look into the violations.

The play was staged on January 21, 2020, on the school premises. After registering the FIR against the school management, based on the complaint by an activist, the police had questioned the students. The petitioners also prayed for a grant of compensation to the parents or legal guardians of the children who were subjected to illegal questioning.