Missing children
A missing child is defined as any child under the age of 18 years whose whereabouts are unknown. [1]
Official definition of missing children
Missing children as defined in legislation
Section 92 of The Juvenile Justice (Care and Protection of Children) Model Rules 2016 defines missing children as a child, whose whereabouts are not known to the parents, legal guardian or any other person or institution legally entrusted with the custody of the child, whatever may be the circumstances or causes of disappearance, and shall be considered missing and in need of care and protection until located or his safety and well-being established.[2]
Legal provisions relating to missing children
Inquiry
Section 92 of The Juvenile Justice (Care and Protection of Children) Model Rules 2016 provides details about the inquiry in case of a missing child. When a complaint about a missing child is received, the police shall register a First Information Report forthwith.[3] Then the police shall inform the Child Welfare Officer and forward the FIR to the Special Juvenile Police Unit for immediate action for tracing the child. Following this, the police is to collect a recent photograph of the missing child and make copied for District Missing Persons Unit, Missing Persons Squad, National Crime Reports Bureau, etc and fill the specific designed 'Missing Persons Information Form' and immediately send to Missing Persons Squad, National Crime Reports Bureau, State Crime Reports Bureau, Central Bureau of Investigation, and other related institutions.[4] The police also needs to send a copy of the First Information Report to the office of the nearest Legal Services Authority with the relevant details of the child.[5] The police is also required to prepare a sufficient number of hue and cry notices and publish or telecast the photographs and the description of the missing child, as feasible in (a) leading newspapers (b) television/electronic media (c) local cable television network and social media and thereafter submit the ratiifcation by the Board or the Committee or the Children's Court. [6] As an effort to find the missing child, search areas and spots of interest such as movie theatres, shopping malls, parks, amusement parks, games parlours and areas where missing or run away children frequent should be watched.[7]If the child cannot be traced within four months, the investigation of the case shall be transferred to the Anti Human Trafficking Unit in the District which shall make reports every three months to the Legal Services Authority regarding the progress made in the investigation.[8]
Procedure to be followed when child is traced
When the child is traced, the child shall be produced before the Juvenile Justice Board or the Committee or the Children's Court. The police shall send a report to the Legal Services Authority which shall provide counselling and support to the child and the family and the police shall conduct an inquiry whether the child has been subjected to any offence under the Act or any other law and if so, proceed accordingly.[9]
Track Child Portal
The 'TrackChild’ portal has been designed and developed adhering to the guidelines provided in the Juvenile Justice (Care and Protection of Children) Act, 2000 and Model Rules 2007 and the provisions laid down in the Integrated Child Protection Scheme (ICPS).[10] ‘TrackChild’ holds the live data base of ‘missing’ & ‘found’ children and tracks the overall progress of the children living in the CCIs. The portal also provides an integrated virtual space for all stakeholders & ICPS bodies which includes Central Project Support Unit (CPSU), State Child Protection Society/Units and District Child Protection Units (DCPU), Child Care Institutions (CCIs), Police Stations, Child Welfare Committees (CWCs), Juvenile Justice Boards (JJBs), etc. in the 35 State/UTs to facilitate tracking of a “Child in distress”.[10] The citizen interface of ‘TrackChild’ system may be accessed through mobile devices. A citizen can access the portal through mobile devices to use ‘specialised’ light weight interfaces to ‘report a missing’/ ‘report a found’ children or to search a missing/found children. A mobile app has also been developed & made available in ‘Google Play Store’ & ‘NIC App Store’ for downloading. The SMS Alert system sends alert messages to pre-defined stakeholders for initiating prompt action at their end for addressing the issue.[10] One Component of Track Child Portal is ‘Khoya-Paya’, where any citizen can report missing children as well as sightings of their whereabouts without losing much time.
Missing Children as defined in international instruments
International Centre for Missing and Exploited Children
The International Centre for Missing and Exploited Children defines a missing child as anyone under the age of 18 years whose whereabouts is unknown.
INTERPOL Yellow Notice
INTERPOL Yellow notices are issued to help locate missing persons, often minors, or to help identify persons who are unable to identify themselves. It is published for victims of parental abductions, criminal abductions (kidnappings) or unexplained disappearances. The Yellow Notice can also be used to help identify a person who is unable to identify himself or herself. It is a valuable law enforcement tool that can increase the chances of a missing person being located, particularly if there is a possibility that the person might travel, or be taken, abroad. These guidelines cover minors who are missing.
International legal instruments exist to: provide a universal definition of a “child” (United Nations Convention on the Rights of the Child); protect against enforced disappearance (United Nations Convention for the Protection of All Persons from Enforced Disappearance); and address the rights of parents in case of parental child abduction to another country (Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction). However, there is no similar global consensus as to how to define a “missing child” or how to investigate cases involving missing/abducted children. This lack of a common definition and a standard response results in few reliable statistics on the scope of the problem around the world, which can further complicates these cases.[1]
Missing Children as defined in case laws
Bachpan Bachao Andolan v. Union of India & Others
In Bachpan Bachao Andolan v. Union of India & Others (No. 186/2013 in Writ Petition (C) No. 75/2012; (2014)) a contempt petition was filed in the writ petition by the petitioner, complaining of the manner in which a complaint made regarding a missing child was handled by the concerned police station. For the same case, certain directions were passed which also included additional directions for implementing the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended in 2006. The court passed an interim direction that when any case regarding missing children is being reported in police station, the same should be reduced into a First Information Report and appropriate steps should be taken to ensure that follow up investigations takes place immediately. However, there was an element of doubt raised by the State of Madhya Pradesh regarding the recording of the First Information Report relating to missing child, having regard to the provisions of Section 154 of the Code of Criminal Procedure, 1973, which relates to information in cognizable cases. Therefore, Supreme Court passed directions with respect to the procedures, required to be followed by the police authorities, when cases regarding missing children are reported.
The Supreme Court of India issued comprehensive directions to ensure prompt and effective action in cases of missing children:
- Every missing child case shall initially be treated as one of abduction or trafficking unless proved otherwise.
- Each police station must have at least one designated and trained Juvenile Welfare Officer under Section 63 of the Juvenile Justice Act.
- Where no FIR has been lodged, it must be registered within one month of the order..
- States must establish and fund adequate Shelter or After-Care Homes for recovered children.
- Private Homes may accept children only through the Child Welfare Committee and upon compliance with the Juvenile Justice Act, including registration.
Types of missing children
Endangered Runaway
A child who is away from home without the permission of his or her parent(s) or legal guardian(s). The child may have voluntarily left home for a variety of reasons.[1] Such children may leave due to domestic conflict, abuse, neglect, peer influence, or mental health struggles. While the act of leaving is voluntary, the child’s safety is considered endangered due to their age and vulnerability to exploitation, trafficking, or substance abuse.
Family Abduction
The taking, retention, or concealment of a child or children by a parent, other family member, custodian, or his or her agent, in derogation of the custody rights, including visitation rights, of another parent or family member.[1] These cases typically arise from custody disputes, marital discord, or domestic violence situations, and are often motivated by a parent’s fear of losing the child.
Non-Family Abduction
The coerced and unauthorised taking of a child by someone other than a family member.[1]Such abductions are often motivated by intentions of sexual exploitation, ransom, revenge, or illegal adoption. They may occur through force, deception, or luring tactics, such as offering gifts or promises of employment or education.
Lost, Injured, or Otherwise Missing
A child who has disappeared under unknown circumstances. Facts are insufficient to determine the cause of a child’s disappearance.[1] Such cases may involve children who have wandered away from home, become lost in crowded or unfamiliar areas, or sustained injuries that prevent them from returning safely. Children with disabilities or cognitive impairments are at particular risk.
Abandoned or Unaccompanied Minor
A child who is not accompanied by an adult legally responsible for him or her, including those traveling alone without custodial permission, those separated by an emergency, those in a refugee situation, and those who have been abandoned or otherwise left without any adult care.[1] This includes children abandoned by parents or guardians, separated during emergencies or disasters, or traveling alone without custodial permission. Such circumstances can arise from poverty, social stigma, migration, or displacement.
Appearance of missing children in database
The NCRB Crime in India 2023 report
A total of 91,296 children (22,460 male, 68,835 female and 1 transgender) were reported missing in 2023. The number of children missing has increased by 9.5% in 2023 from 83,350 children missing during 2022. During the year 2023, a total of 89,809 children (22,838 male, 66,965 female and 6 transgender) were recovered/traced.
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References
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 ICMEC missing children https://www.icmec.org/global-missing-childrens-center/the-definition-of-missing/
- ↑ Section 92(1) of the JJ Model Rules 2016
- ↑ section 92(2) of JJ Model Rules 2016
- ↑ section 92(4)(i) and section 92(4)(iii) of the JJ Model Rules 2016
- ↑ Section 92(4)(iv) of the JJ Model Rules 2016
- ↑ Section 92(4)(v) and Section 92(4)(vi) of the JJ Model Rules 2016
- ↑ Section 92(4)(ix) of the JJ Model Rules 2016
- ↑ Section 92(5) of the JJ Model Rules 2016
- ↑ Section 92(6) of the JJ Model Rules 2016
- ↑ 10.0 10.1 10.2 track child portalhttps://socialwelfare.vikaspedia.in/viewcontent/social-welfare/women-and-child-development/child-development-1/handling-missing-children/national-tracking-system-for-missing-and-vulnerable-children?lgn=en