Annual Report 1999-2000
held that the MCD, being a local authority and an arm of the State, had a duty to
implement the programmes of education and health care for the children of sex workers.
In'the light'of the provisions of the Constitution, relevant Supreme Court judgments and
the provisions of international instruments, the Commission recommended the allotment
of an additional rooni ^ to the c6mplaihant organization, in addition to it retaining
possession of the existing room. After repeated efforts to secure compliance of its
directive, the Commission received a report from the MCD indicating that the appropriate
action had been taken in accordance with the view expressed by the Commission.
COMMENT
In Gaurav Jain v Union ofIndia^, the Supreme Court held that, it is tlie duty of the State
and all voluntary non-government organizations and public spirited persons to come to
the aid of sex workers and to retrieve them from prostitution, rehabilitate them with a
helping hand to lead a life with dignity of person.
The children of sex workers are entitled to facilities and opportunities for their
education and health care. Article 19(2) of the Convention on the Rights of the Child
stipulates that: 'State authorities shall take all legislative, administrative, social and
education measures to protect the child from neglect or negligent treatment, maltreatment
or exploitation including sexual abuse'. Articles 28 and 29 of the Convention on the
Rights of the Child set out the obligations of States, party to the Convention, in respect
of the education of children.
Violation of rights of dalits, minorities, disabled and others
Attacks against Christians in several states
(Case Nos. 289/6/1999-2000; 351/6/1999-2000; 295/6/1999-2000; 481/6/1999-2000;
I873/4/1999-2000;1933/4/1999-2000)
In its previous Annual Report, the Commission recounted in detail the steps it had taken
in respect of the killing of an Australian priest, Mr. Graham Stewart Staines and his two
sons in Orissa, as well as the attacks that had occurred on members of the Christian
community in Madhya Pradesh and Gujarat. The Commission observed that, given the
recurrent character of these grievous occurrences, a pattern transcending any single state
appeared to be emei^ng, threatening the pluralistic character of the country and
constitutionally guaranteed human rights.
During the year under review, the Commission took cognizance ofsix specific complaints
alleging violations of the rights of members of the Christian community. These ^vere
complaints from:
1
AIR 1997 SC 3021.
134
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