"Delhi Govt Not Opened Up To Reality": Delhi HC Issues Directions For Complying To JJ Act, Protection Of Children Orphaned, On Streets In Covid

Observing that the Delhi Government has not yet opened up to reality for coming up with enough mechanism to safeguard the rights of children, the Delhi High Court on Thursday issued slew of directions to the GNCTD for ensuring that it complies to the provisions of Juvenile Justice Act, 2015 in view of providing protection to children who have lost one or both parents in the wake of covid therby being orphaned and also for children left on streets without having necessary covid 19 facilities.

Opining that there is a complete bankruptcy in the departments of the Delhi Government, a division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh ordered thus:

"Even though the Juvenile Justice Act was enacted in 2015 when the GNCTD has full fledged department mandated to enforce provisions of the Act, little progress appears to be made on ground."

Furthermore, the Court said " It appears that only after this Court has turned its focus on these aspects, there is being some favourish activity undertaken as if the concerned department of GNCTD has not open up to the reality."

 The development came after Ms. Prabhsahay Kaur apprised the course about a bunch of issues concerning foster care made available to the children orphaned and lack of measures undertaken by the Delhi Government to that effect.

Kaur also highlighted the issue of rehabilitation of children, sponsorship being given to such children and also the issue of covid 19 facilities like masks etc not being available to the children living on streets.

"There is major discrepancy in the data coming in the status report today as far as the children being orphaned is concerned. This Act came into 2015. There are so many families who have lost their children. All the government needs to do is that connect these families to such children. This isn't something which has been considered despite it being a part of the statute. They can't take forever to do it. There has to be some action."

On this, Senior Advocate Rahul Mehra appearing for GNCTD submitted before the Court that the endeavour of the Government is to improve themselves. 

"It's not a perfect system but we're improving it. Over the next four weeks, we'll try, not through words but through actions, to place on record and take laudable initiatives." Mehra submitted.

At the juncture, Justice Singh orally remarked thus:

"These things can't be work in progress. This Act was since 2015. Your department is meant for juveniles. How can there be no policy? It's seeming like Covid happened and then things are getting into the pipe. We're not appreciative of the fact what your department is doing. You and Mr. Satyakam are doing a fantastic job but this is shocking. It's 2015 Act and now you're saying we'll make guidelines."

Similarly, Justice Sanghi said "There seems to be complete bankruptcy in department."

Questioning the lack of steps taken by the Delhi Government for ensuring compliance under the Act, Kaur asked "The ground reality is that a lot of children are there on road without masks. Has there ever been a campaign by government on this?"

During the course of hearing, Dr. Desai, Director of IHBAS also appeared before the Court for making submissions on the issue of providing covid facilities to children who require special care.

"The Delhi Govt and LG have recently agreed on our service of providing mobile mental health unit for each unit." Desai submitted.

It was further submitted that this service is for providing counselling services and requests the Court to give direction in this regard.

Hearing the aforementioned submissions, the Court directed thus:

"We bind the GNCTD to its status report and it shall ensure that each and every timeline set out therein is met. We affix the responsibility for compliance of the provisions of JJ Act on Secretary, Child Welfare Department and Secretary of Social Welfare Department. At this stage, we're not getting into the aspect of failure of GNCTD to implement the statutory schemes."

However, the Court warned that it's making it clear that in case the Court finds on the next date that the statutory schemes have not been implemented in the ground, it shall proceed to deal with the failure of GNCTD to implement provisions of the Act and that "consequences shall follow for those responsible for such failures."

Further directions given by the bench are as follows:

- We direct the secretary of the departments to take her (Ms. Kaur's) guidance wherever required. Ms. Kaur has offered to provide whatever possible assistance required of her in the matter of implementation of schemes.

- Mr. Mehra assures the Court that whatever proposals are approved, deadlines would be fixed and met. The next status report should indicate further development in this regards.

- On the aspect of public announcements made by MCDs by their trucks, which have reached deep into localities, Mr. Mehra submits that request has been sent to MCDs etc. All the counsels have assured that publicity campaign sha be undertaken without any delay.

- In our view, the said facility is directly aimed at providing facilities at doorstep to such children. We hope and expect that the same is made operational within the next 15 days.

- Another Important aspect is that there is complete lack of information about children in the ongoing pandemic. Ms. Kaur submits that DCPCR has reported that there are 1436 who have lost one of both parents.

- In our view, just like registeration of deaths and births is compulsory, it's necessary for the State to collect information and kept confidential under sec. 74 of the JJ Act.

- We direct concerned departments of GNCTD to call RWAs, schools, police stations and hospitals to provide information with regards to such children.

- We direct the Principal Secretary Health, GNCTD to issue directions to Hospitals requiring them to furnish information with regards to demise of parents of minor children who have been orphaned to the department of WCD and CWC.

- We also direct the GNCTD to utilise its large workforce of anganwadi workers to collect information with regards to orphaned children who have lost one or both parents and to provide the information to CWC.

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