High Court To Consider Issuing Guidelines For Delhi Police To Follow In Cases Of Missing Children

The Delhi High Court is set to consider issuing various directions and guidelines to be followed by the Delhi Police in cases of missing children.

Justice Swarana Kanta Sharma was hearing a father’s plea who was aggrieved by the lapses in the process followed by the Delhi Police in tracing his minor daughter. His daughter, aged about 16 years, had gone missing on July 10 and that a complaint was lodged by him the next day at Kalindi Kunj police station. The FIR was registered under Section 363 (kidnapping) of the Indian Penal Code.

He told court that despite number of visits to the police station by him between July 12 to July 16, he could not find any information about his daughter. He was aggrieved that the police had not taken steps in accordance with a 2016 Standard Operating Procedure (SOP) issued by the Union Ministry of Women and Child Development for cases of missing children.

During the hearing on July 28, the minor child was produced by the police before court. The court was informed that in her statement recorded under Section 164 of CrPC, she had not levelled any allegations against any person and had said that she left her house out of her own free will due to some misunderstanding between her and her parents.

Justice Sharma interacted with the minor and noted that she had expressed her apprehension that her parents will discontinue her studies and may treat her badly. The minor told court that she wanted to continue her studies and was keen on attending her school regularly.

“The minor daughter was counselled and she has expressed her willingness to accompany her father. In such circumstances, considering that the minor child „X‟ wants to continue her studies who is about 16 years of age and is presently studying in 10th standard, her studies will not be discontinued,” the court said.

Justice Sharma directed the Principal of the concerned school to accept the leave application to be moved by the minor’s father and to accept as leave the period when she had not attended school, “without asking any uncomfortable question to the child or the father.”

“Father of the child will ensure that the child keeps on going to the Government school, she is studying in. The SHO, PS Kalindi Kunj is also directed that for the next six months, he will send a female Sub- Inspector to the house of the petitioner in plain clothes to find out that the child is attending the school comfortably and her studies have not been discontinued,” the court added.

The matter will now be heard on August 01 to consider the aspect of issuance of guidelines to Delhi Police for tracing missing children.

Title: LAMBODER JHA v. GOVT NCT OF DELHI & ORS.

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