AUGUSTO RODRIGUES
ASSAGAO: The fate of 34 children staying at El Shaddai NGO trust in Assagao Goa, hangs in limbo with managing trustee Mathew Kurian insisting the children are housed within the law and the Child Welfare Committee (CWC) North district convinced otherwise, thus paving the way for Goa Bench of the Bombay High Court to step in.
The organisation, well known in Goa, states on its website, “El Shaddai began work in 1997 to give childhood back to the children on the streets and living in slums.”
According to its stated mandate, it runs homes, shelters for children in need of care and also carries out education projects and advocacy.
The current controversy, which has now reached the High Court, started in early August. The matter came to boil on August 3, 2024 when the CWC along with District Child Protection Unit (DPU) and the police paid a surprise visit to Child Care Institution (CCI) El Shaddai and, according to them, “found 34 children living without the consent of CWC”. Fifteen from among these were found to be below the age of six.
Section 37 of the Juvenile Justice Act 2015 states: “The (CWC) Committee on being satisfied through the inquiry that the child before the Committee is a child in need of care and protection, may declare that child is in need of care and protection” before being homed by a CCI.
“The CWC has been harassing and discouraging children and parents to stay with us, since the last many years when I have been verbally instructed by CWC and even the Deputy Director of Directorate of Women and Child Development that I do not need CWC permission,” Mathew Kurian, managing Trustee of El Shaddai told O Heraldo.
“I was told by my staff that they came to our home, with uniformed police personnel, insulted and threatened the staff of closure before filing a police complaint. This is harassment,” argued Kurian. He however did not furnish any evidence of these allegations, including CCTV footage
“The place has CCTV camera and he (Kurien) must present the video footage to the High Court if he thinks what he is saying is true. He has CCTV outside and inside and therefore has all the evidence,” countered CWC chairperson Esther Torres.
The Juvenile Justice Act 2000 stipulates the following: “A Police Officer while dealing with Children in Need of Care and Protection (CNCP) should always be in plain clothes.”
Any institution that wants to run a home for children, needs to register as a Child Care Institution with the Directorate of Women and Child Development. El Shaddai according to records got its renewal in January 2023 till 2028 and the certificate states that children below the age of six are not to be homed by the institution.
“The law is not defined. I was told by the CWC and the Deputy Director of the Directorate of Women and Child Development that I should do what is good for the children and that they would not interfere,” argued Kurian.
“I have instructed my staff to take all instructions in writing,” shot back Kurian, when asked to substantiate his claims with evidence.
“I will not take or give any information that is not in accordance with the law. It is very clear that CWC is authority to tell whether a child is to be kept under need and protection or not. The power does not rest with any other authority,” explained Girish Sawant, Deputy Director of Directorate of Women and Child Development.
“ If a child is not a CNCP but is still being kept, intimation in this regard has to be sent to CWC and let CWC decide whether child is CNCP or not. Law says that child has to be produced before CWC within twenty four hours,” added Sawant.
“If the law is clear in Juvenile Justice Act why will I tell something otherwise?” questioned Sawant. “They (El Shaddai ) have kept children despite release orders of CWC . They are sending incorrect reports to CWC,” countered the Deputy Director.
“If the High Court orders to shut down, I will. But I also think the Act needs to be amended,” said Kurian.