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technical sessions, viz., CSAM: Understanding the
Nature, Extent and Emerging Issues; Legal Provisions Rela ng to CSAM: Addressing Gaps; Role of
Technology and Intermediaries in Preven on,
Detec on, and Inves ga on of CSAM'; Interna onal
Trends in Figh ng CSAM; and Role of Enforcement
Agencies and Cyber Forensics in Detec on,
Inves ga on and Monitoring of CSAM: Challenges
and Solu ons. Based on the delibera ons of the
Conference, an Advisory for Protec on of the Rights
of Children in the context of Produc on, Distribuon and Consump on of Child Sexual Abuse
Material (CSAM) was being dra ed.
7.4.3 Illustra ve Case
1.) Primary school children of Vagji Faliya, Jhabua, MP,
falling sick a er having mid-day meal
Case No: 913/12/23/2020
The complainant alleges that 29 primary school children
fell sick a er having mid- day meal in the school. Among
those 29 children, a few are in very cri cal condi on. The
complainant further alleged that this incident occurred
due to negligence of the concerned authori es.
The Commission considered the material placed on
record and from the perusal of same it was apparent that
the 29 school children and five Anganwadi children got
sick a er having meal and were administered treatment.
From the ac on taken/ suspension against the Primary
Educa on Teacher, strengthens the fact that there was a
negligence while preparing and serving the mid-day meal
which led to 34 children falling in cri cal condi on and
one girl was referred to another resourceful healthcare
facility for be er treatment. Although no loss of life
happened in the ma er, there was viola on of human
rights of all 34 children who suffered and, consequently,
all were en tled to compensa on for their physical pain
and suffering and mental agony and anguish. Therefore,
the Commission directed its Registry to issue Show Cause
No ce u/s 18 of the PHRA to the Govt. of Madhya Pradesh
through its Chief Secretary, as to why the Commission
should not recommend a compensa on of Rs. 10,000/(Rupees Ten Thousand only) each to 33 children (As listed
in inquiry report dated 30 November 2019 of Chief
Execu ve Officer, District Panchayat, Jhabua). The child
with cri cal condi on would be en tled to compensa on
of Rs. 50,000/- (Rupees Fi y Thousand only) as her
Chapter 7 - Thematic Areas
condi on was deteriorated and referred to another
hospital for be er treatment where she remained
hospitalised for a longer period.
In response it was informed that depart- mental ac on
was taken against erring teacher and a new management
was placed to take care of mid-day meal and it was also
confirmed by the authori es of Madhya Pradesh that the
grant of compensa on recommended by the Commission
was paid to all the 34 vic m children. The Commission
closed the case on 14 November 2022.
7.5 Rights of LGBTQI+
7.5.1 The Transgender community is one of the most
marginalised communi es in the country because
they do not fit into the general catego- ries of
gender, i.e., 'male' or 'female'. Consequently, they
face several problems ranging from social exclusion
to discrimina on, lack of educa on, facili es,
unemployment, lack of medical facili es, and so on.
The Transgender Persons (Protec on of Rights) Act,
2019 was enacted by the Parliament of India in the
Seven eth Year of the Republic of India to provide
for protec on of rights of transgender persons and
their welfare and for ma ers connected therewith
and incidental thereto. Sec on 16 (e) of the Act
provides for one representa ve, not below the rank
of Joint Secretary, from the Na onal Human Rights
Commission as the ex officio member of the Council
7.5.2 The Ministry of Social Jus ce and Empowerment
organised a Na onal Consulta on to frame a policy
for employment of Transgender Persons on 28
September 2022, which was chaired by Dr. Virender
Kumar, Hon'ble Minister of Ministry of Social Jus ce
and Empowerment. Being the ex officio member of
the Na onal Council of Transgender Council, Smt.
Anita Sinha, Joint Secretary, NHRC, a ended the
said mee ng and shared her inputs on the ma er on
behalf of the Commission.
7.5.3 The NHRC organised a Core Group mee ng on LGBTI
issues on 24 March 2023 in hybrid mode. The
mee ng was chaired by Jus ce Shri Arun Mishra,
Chairperson, NHRC. The agenda of the mee ng was
on the Issues and Challenges in the Employment of
Transgender Persons
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