"Suspend demolition drive in Tughlakabad till rehabilitation of all children”

New Delhi: Taking suo-moto cognisance of the demolition drive in Tughlakabad, the Delhi Commission for Protection of Child Rights (DCPCR) has called for suspension of the drive till rehabilitation of all the children ensured.

The DCPCR has issued a notice to the Archeological Survey of India (ASI) in this context, advising it to suspend its drive pending rehabilitation. In its notice the commission has expressed, “Taking away shelter from these families is nothing short of cruelty in such extreme weathers of Delhi. ASI’s Order suffers from several infirmities, and speaks of no attempt or provision of rehabilitation of children.”

DCPCR Chairperson Anurag Kundu said, “Eviction of young children without proper rehabilitation measures is a violation of basic human rights. We urge ASI to take necessary steps to ensure children's welfare. We will continue to monitor the situation closely.” The DCPCR has also directed the ASI to submit its correspondences to different authorities enabling them measures for rehabilitation of children.

The DCPCR has taken suo-moto cognizance of a Notice issued by Archaeological Survey of India (Delhi Circle) dated 11 January, 2023 regarding removal of all illegal occupants/encroachers of the house/houses inside the Tughlakabad Fort area. The commission has expressed its concerns on how within 15 days of issue of notice, all actions including demolition/eviction under law will be taken against the said residents, without any relief or rehabilitation measures for children of the area.

In lieu of the same, DCPCR has issued a notice in the name of Director, Archeological Survey of India (Delhi Circle). DCPCR’s notice advises the ASI to suspend the said demolition pending the rehabilitation of children. Further, the Commission has directed the Archaeological Survey to submit its correspondences to different authorities enabling them measures for rehabilitation of children.

The notice states, “It is pertinent to mention that the ASI Order suffers from several infirmities. It speaks of no attempt or provision of rehabilitation of children. Taking away shelter from these families is nothing short of cruelty in such extreme weathers of Delhi. Further, the children have their education which will suffer on account of this removal drive. It is tragic that the Archaeological Survey is not concerned about the well-being of the children.”

It further reads, “as per Section 75 of Juvenile Justice (Care and Protection of Children) Act 2015, any abuse, exposure or willful neglect of the child which may cause mental or physical suffering to the child is a punishable offence with a imprisonment of 3 years or fine of Rs. 1 lakhs or both. In lieu of the same, the Delhi Commission for Protection of Child Rights (DCPCR) in exercise of its powers under Section 130) and Section 14 of the Commissions for Protection of Child Rights Act, 2005 issues the present notice advising for suspension of the said demolition pending the rehabilitation of children.”

Talking about the situation, Anurag Kundu said, “The Commission is deeply concerned about a notice issued by the Archeological Survey of India for eviction of dwellers in Tughlakabad. We believe that the eviction of young children without proper rehabilitation measures in place is a violation of basic human rights, and is particularly detrimental to their well-being. We have issued a notice to the ASI, advising for immediate action to be taken to ensure the rehabilitation of children living in the affected area. We believe that children should not be made to suffer as a result of this eviction drive.”

He added, “We urge the ASI to take immediate steps to address this issue and to ensure that the rights of children living in the area are protected. We will continue to monitor the situation closely and will take all necessary steps to ensure that the rights of these children are upheld.”

The Delhi Commission for Protection of Child Rights has been constituted under Commission for Protection of Child rights Act 2005 to monitor rights of children. The Commission is also the statutory authority to monitor and review the implementation of the Juvenile Justice (Care and Protection of Children) Act 2015.