The Delhi High Court is going to examine as to whether a child in conflict with law (CCL) can be compelled to remain admitted in a hospital for his psychiatric examination in the absence of any medical necessity.

Justice Madhu Jain will also decide if such a child can be separated from his natural guardian during the course of an assessment.

The Court issued notice on a plea filed by a child in conflict with law challenging an order of the Special POCSO judge directing his in-patient admission at the Institute of Human Behaviour and Allied Sciences (IHBAS).

The petitioner has also questioned whether psychiatric, psychological and multidisciplinary assessment can be conducted on a daycare basis, without requiring him to remain admitted or confined at the facility during night hours.

The two questions raised in the matter are: Whether a CCL can be compelled to be admitted to a hospital in the absence of any medical necessity and whether a CCL can be separated from his natural guardian while the assessment is being conducted.

The plea seeks modification of the impugned order to direct IHBAS to conduct his psychiatric, psychological and multidisciplinary assessment on a daycare admission basis.

It further seeks direction that the assessment be conducted only in the presence of his natural guardian or counsel and that no part of the assessment proceed in their absence.

The Court issued notice to the Delhi Police and directed that the status report be filed in the matter. It also stayed, till the next date of hearing, the proceedings before the appellate court.

The matter is now listed for further hearing on December 09.

Title: CCL S @ M v. STATE (NCT OF DELHI) & ORS

Click here to read order