Delhi High Court Asks Child Welfare Committees To Evolve Internal Mechanisms To Deal With Urgent Minor Rape Cases, Avoid Delays

The Delhi High Court has asked the Child Welfare Committees (CWCs) in the national capital to evolve internal mechanisms to ensure that urgent cases involving minor rape victims are addressed without avoidable delay, irrespective of weekends, holidays or non-working hours.Justice Swarana Kanta Sharma said that the manner in which CWCs organise their working hours, duty rosters, or internal arrangements falls within their exclusive administrative domain, and it would not be appropriate for the Court to prescribe a specific mechanism or framework. “That said, this Court deems it necessary to observe that even a single day of institutional unavailability may result in irreparable prejudice to a rape victim, potentially extinguishing her opportunity to seek timely medical and legal recourse, and with it, her hope of justice for a lifetime. The consequences of delay in such cases are often irreversible,” the Court said. The judge emphasised that effectiveness of the justice delivery system does not rest on the functioning of any single institution in isolation but depends upon the ability of all stakeholders to work in tandem. The Court said that it is not a matter of emotional urgency, but of constitutional mandate to ensure complete justice to the community and to prevent lapses resulting in miscarriage of justice. “Courts of law, which deal on a daily basis with the consequences of such delays, are in a unique position to notice where the system falters in practice. When these shortcomings are pointed out by the Court, it is not with an intent to assign blame or find fault, but with the object of identifying gaps, improving coordination, and preventing avoidable injustice,” the Court said.The Court directed that a copy of the judgment be forwarded to the relevant authorities, including the Director (Academics) of Delhi Judicial Academy, with a request to conduct requisite programmes as per their calendar for CWC, prosecutors, investigating officers and other stakeholders, as deemed appropriate.The Court was dealing with a plea filed by a minor rape victim aged 14 years, seeking urgent directions for medical termination of her 28 weeks pregnancy. The Medical Board rendered its opinion, upon consideration of which the minor victim ultimately decided to continue with the pregnancy, in view of the medical risks explained.However, during the course of proceedings, the Court noticed certain lapses on the part of the stakeholders, particularly on the part of the CWC.Title: MINOR S (THR GUARDIAN M) v. STATE GOVT OF NCT OF DELHI & ANRClick here to read order

Delhi High Court Asks Child Welfare Committees To Evolve Internal Mechanisms To Deal With Urgent Minor Rape Cases, Avoid Delays

Nupur Thapliyal

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