New Delhi: Hearing an Intervention Application filed by Citizens for Justice & Peace (CPJ), Mumbai, the Supreme Court has directed the Assam government to ensure that no children of parents whose names have been included in the updated list of the National Register of Citizens (NRC) will be sent to detention centres or separated from their parents.
CJP had filed the IA Nos 181511/2019 in late November 2019, detailing a sample list of 61 such names of children from various districts in Assam.
Considering the points put forth by CJP, the apex court in the interim of giving a final decision in the Intervention Application, directed Assam government to ensure that children whose parents names are included in the NRC in Assam are not sent to detention camps.
Noting that children have been excluded from the NRC Final List even when their parents are included CJP claimed that it amounted to direct contravention of the State’s obligation towards children as envisaged under Article 15 (3), Article 39 (e) & (f), Article 45 and Article 47 of the Constitution of India, and the Juvenile Justice (Care and Protection of Children) Act, 2015.
Strengthening their point, CJP also cited the United Nations Convention on the Rights of the Child which India has ratified which makes it obligatory under Article 8 for all State Parties to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
Hearing the application Supreme Court on January 6 directed the Assam government to ensure that no children of parents whose names have been included in the final NRC list be sent to detention centres or be separated from their parents until the said application by CJP is fully considered.