The NGO of bureaucrat-turned-activist Harsh Mander is set to face legal action,with the Child Welfare Committee (CWC) saying two of its childrens homes are not registered and licensed under the Juvenile Justice Act. The CWC has asked Delhi Police to take necessary action against the NGO.
Mander,a member of the Sonia Gandhi-led National Advisory Council,is also the Special Commissioner for Juvenile Justice,appointed by the National Commission for Protection of Child Rights (NCPCR).
The NGO,Centre for Equity Studies,runs the Ummed Aman Home in Mehrauli and Khushi Home in Okhla Phase-I. There are more than 200 boys and girls in these homes. They are legally classified as children in need of care and protection and include orphans and trafficking victims. According to the CWC,these homes are not registered and licenced as required under section 39 (3) of the Juvenile Justice Act and Rule 70 of the Delhi Juvenile Justice Rules,2009.
The CWC,which is monitored by the Juvenile Justice Committee headed by the Chief Justice and four judges of Delhi High Court,said the NGO has refused to comply with provisions of the JJ Act,as children living in these two homes are not being produced before CWC for past several months.
Mander,when contacted,told The Indian Express,We are running these residential schools under the Sarva Shiksha Abhiyan. This comes under the Right to Education Act,and is not centred around social welfare (the domain of the Juvenile Justice Act).
On the need to register under the Juvenile Justice Act,he said,This is a legally grey area. I have asked the NCPCR to issue guidelines to clear this confusion.
Sources said as these two homes are housing children who are in need of care and protection,they ought to have produced the children before the CWC,which evaluates the child and starts the childs rehabilitation and treatment process.
The CWCs ordering of legal action followed months of correspondence with Manders NGO. A decision to refer the matter to the police was taken after a Juvenile Justice Committee meet,attended by five HC judges.




