Child Protection & Rights > Anchorage Orphanage Case

Dear All,

I write this with a deep sense of outrage: As you may have been following on July 23rd the Mumbai High Court overturned what had been considered a landmark judgement of the Sessions Court of Mumbai on 18th March, 2006. It is not yet completely clear to us what the grounds for the High Court order is, but the defendant?s lawyers have indicated in the media that the learned Judges of the High Court disbelieved in the testimony of the victims!

After 7 years of struggle to get the victims testimony recorded and get the pedophiles punished this judgment of the Mumbai High Court has come as a huge setback. What are we to make of this? That the Indian law wont help us protect our own children from pedophiles? There is no doubt in the minds of everyone involved in this case that Allan Waters and Duncan Grant are known pedophiles who used vulnerable Indian Children for the sexual pleasure of themselves and other pedophiles. When the courts stop believing our children, it is time to ask ourselves: Are we listening to our children? Are our children safe?

This is an exceptional case deserving special attention for three reasons: (1) the trial court had delivered a very strong, reasoned and emphatic judgment of conviction; (2) the offences involved are very serious and heinous in the context of an internationally proliferating and organised business of child sex tourism and paedophilia; (3) since a British national has been extradited from New York pursuant to a red corner alert issued by our government, the success of our future extradition requests would not be taken seriously by any government if the prosecution case are dismissed so easily

While we hope to appeal in the Supreme Court, it will take a long time for the necessary resolutions to be passed, the appeal to be drafted and filed. In the meanwhile, Grant and Waters will have been released from jail, and they will certainly leave the country immediately, especially because they know that the High Court verdict will be challenged in the Supreme Court. The State has already expended large sums of money to have the accused brought to India for trial. It is going to be very difficult and expensive to bring them back to finish their sentence, should the State Appeal be allowed by the Supreme Court.

However, I do not think we have the luxury of giving up; All of us at CHILDLINE are convinced more than ever of our fight for justice. I request all of you take this up as a strong advocacy issue in your region, in your cities & states, to sensitize the police, judiciary and of course civil society so that we can turn this judgment into a stepping stone for a landmark Supreme Court Order that will make our spaces safe for children.

Regards,

Kajol Menon,
Executive Director

Other Statements / Articles:

Executive Director speaks to Lawyers Collective

Case History Of Anchorage Orphanage Case