Complaints before the Commission
of interest shown by the authorities in the welfare of the innocent child resulted in
depriving her of her normal childhood, which could never be regained. No amount of
compensadon, the Commission felt, would be adequate for the loss she had suffered.
However, in order to alleviate her suffering to some extent, the Commission recommended
to the Government of West Bengal to ensure that the child was suitably rehabilitated and
educated in the SOS Children's Home or sent to a reputable insUtute run by an NOG
in or around the city of Calcutta, till she became a major. The Commission also
recommended that a sum of F^. 50,000/- be deposited in her name through a Court
Guardian, the interest of which would be paid to the institute looking after her, and the
principal amount would be released to her on her becoming a major to enable her to
settle in life. A compliance report from the West Bengal Government has since been
received.
COMMENT
In the Universal Declaration of Human Rights, 1948, the United Nations has proclaimed
that the child is entitled to special care and assistance. Article 3 of the Convention on
the Rights of the Child, 1989, stipulates tliat in all actions concerning children, whether
undertaken by public or private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be a primary
consideration.
Education of children of sex workers: Delhi
(Case No. 16754/96-97/NHRC)
The Joint Women's Programme (JWP) and Mashaal Mahila Sangathan (MMS) sent a
petition to the Commission on 17 February 1997, complaining about the reluctance of
the Municipal Corporation of Delhi (MCD) to allocate one additional room in the MCD
Primary School, GB Road, Delhi, for the education of the children of sex workers and
attempts to vacate them from the existing room which was allotted to them.
Inresponse to the Commission's notice, the MCD stated that itwas not their responsibility
to provide accommodation to the JWP to educate the children of the sex workers, or to
provide other health programmes to the sex workers and their children. The MCD added
that the terms of the initial allotment to the JWP to organize their part-time programme
after school hours in room no. 9 had been violated, and that the MCD was itselfproviding
education to all children in the school run by the Corporation. The MCD also said that
it would be open to the children of sex workers, to get admitted in that school.
In its proceedings of 7 July 1999, the Commission noted that the increased inflow of
students every year compelled the JWP to commit a breach of the conditional order of
allotment. The breach of the condition was neither volitional nor for any private profit
motive, but to serve the public cause. The Commission was of the considered view that
the breach was inconsequential. Having regard to the circumstances, the Commission
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