Chennai: Activists flag railway cops' failure to register FIR in child rescue

CHENNAI: In a clear violation of the Standard Operating Procedure (SOP) set by the State government to deal with cases of the rescue of bonded labour, child labour, or victims of trafficking, the Government Railway Police (GRP) personnel failed to file an FIR within 24 hours after the rescue of a 12-year-old boy at the Egmore railway station on September 19.

The boy was rescued as part of the National Cybercrime Reporting Portal’s (NCRP) pan-India campaign on the elimination of child and adolescent labour, conducted together with other agencies. Police personnel attached to GRP were part of the team but failed to follow the SOP set for such cases. Instead of an FIR, they have just registered the case in a Community Service Register (CSR).

The SOP mandates people who conduct the rescue to swiftly probe the case and file an FIR within 24 hours. Far beyond an exception, such breaches of SOPs are reported on numerous occasions, activists say.

In the particular case of the rescue of the boy at Egmore railway station, the preliminary inquiry revealed that he was a Class V dropout from Silhauri village in Bihar's Saran district. Activists who are part of the rescue efforts were able to reach out to his mother over the phone. “The boy's mother Jothidevi confirmed to us that her son went to work but was unaware about his whereabouts. A widow who had no money for travel expressed her inability to reach Chennai to get her boy," said the activist who spoke to Jothidevi over the phone.

The boy was reportedly accompanied by four adults. The adults brought him to engage him in their business of selling balloons and toys in temple festivals in and around Madurai. A complaint has been lodged against one Dheeraj, who admitted that he brought the boy along with him. However, no legal action has been taken despite there being a prima facie case,” the activist said.

"Without investigating the case, the police informed us that the boy's mother told them that her son came to Chennai to visit tourist spots. So, the police said that they are not going to file a case," said another member of the rescue team and noted the police are making a ‘mockery’ of their efforts and the government's goals to end the child and bonded labour.

However, Egmore GRP Sub-Inspector C Muthuvelayutham, the investigative officer of the case, refuted the allegations. He said that they contacted the boy's mother, who told them that she sent her son for sightseeing. “A few days ago, the boy's uncle came here and produced legal documents along with their panchayat president’s letter to establish the relationship with the boy and took him away. As of now, we have registered a Community Service Register (CSR)," he said.

Activists flag that this is a dangerous pattern repeated in many such sensitive incidents. Activist-advocate V Natarajan said, “Filing FIR is rare and pursuing it to the logical conclusion is rare when it comes to child labour and trafficking cases in TN. Delay in filing FIR and initiating inquiry dilutes the case.”

The activist whose public interest litigation paved the way for constituting the Anti-Trafficking Unit in the State said that there is also a lack of coordination among the line departments, the Child Welfare Committee, and the District Child Protection Committee, tasked with pursuing the case and ensuring the rehabilitation of the victims.

An advisory from the Director General of Police, TN, in 2017 regarding human trafficking says that the investigating officer should invoke Section 370 (trafficking a minor, with a minimum punishment of 10 years or life and a fine) of the IPC in addition to the relevant sections of the Child Labour Act and the Bonded Labour (Abolition) Act.

"The police officers are not following such instructions, which gives leverage for the traffickers to escape punishment and continue to exploit the vulnerable section of society, " said the advocate.

Glaring delays in filing FIRs

July 19, 2023: Flower Bazaar police failed to register an FIR for over 99 days after the rescue of 54 bonded labourers, including 12 minor boys, from jewel-making units in Sowcarpet.

June 20, 2024: It took GRP Perambur over 45 days to file an FIR in connection with the rescue of 11 girls, aged between 14 and 17 years.

September 19, 2024: A 12-year-old boy allegedly involved in child labour was rescued at Egmore railway station. Railway police hadn’t filed an FIR till the time the news went to print, instead are content with CSR, in violation of SOPs set for such cases.