'Apathy Of Authorities Seeping Through Cracks': Delhi High Court Issues Guidelines For Better Functioning Of Child Care Institutions

The Delhi High Court Wednesday issued a slew of guidelines for better functioning of child care institutions in the the national capital and said it is unfortunate that the "apathy of authorities" is seeping through the cracks and hampering the development of those at a vulnerable age.Stressing on the need for improving existing institutions to ensuring that quality standard of care is provided to children, Justice Subramonium Prasad said there is a complete lack of direction and initiative among persons manning these institutions as to how they must guide the children towards a better future Justice Prasad made the observations and passed guidelines as well as directions in an order in a plea seeking a magisterial enquiry into an incident concerning escape of five minor girls in March last year from a children home in the city and other similar incidents reported in the past.The Court said that there is a "clear schism between the promulgation of provisions and their implementation on the ground.""It is unfortunate to observe that the apathy of the authorities is seeping through the cracks and hampering the development of those who are at the age wherein they require consistent nourishment; mental, physical and nutritional," said the court. The Court also observed that it is the constitutional obligation of the State Government that adequate funds are available for the child care institutions to ensure safeguarding and fostering children rights. The State cannot conflate non-availability of funds to shirk their obligations with inefficient utilisation of grants, the court added. Guidelines passed by Court:- The Court directed that the data regarding number of functioning child care institutions and the children residing therein should be collected and updated every quarter of the year. It added that the exercise with regards to the children residing in such institutions should be conducted by the CCI, followed by preparation of a consolidated report at the end of the year. The Court added that the report has to be analysed by the Ministry of Women and Child Development, with professional help being sought from the National Institute of Public Cooperation and Child Development (NIPCCD). The findings of the analysis of the data, along with the data, should be published on a public portal, added the court.- Individual Care Plans must be formulated for every child within seven days of the child being brought to the CCI and that the same should not be prepared in a mechanical or a casual manner, said the court further"The plans should be tailored not only to psychological and physical capabilities of the child, but it should take into consideration the future aspirations of the child, based on their case history, circumstances and individual needs. These plans should be cultivated by the resident counsellor who has had interpersonal interactions with the child and has considerable understanding of the psyche of the child," the Court directed. - The Court also said that a gender-neutral Education Plan with special emphasis on reproductive health must be formulated for residents of CCIs between the age group of 11 to 18 years. "While more often than not, reproductive health is taught only to young adolescent girls as it is assumed that this area of learning only pertains to them, this presumption should be done away with, and the teachings should be extended to everyone housed at all CCIs. A gender neutral plan will not only create awareness amongst all genders, but will also incite empathy and sensitivity with regard to reproductive health," said the court. - The Court also said that it is necessary to ensure that every CCI has access to requisite number of gadgets that can be allocated amongst the children, adding that no child should be deprived of their right to education on account of lack of access to any technological device. However, all children must be taught the implications of unhampered access to internet and basics of cybercrime, it added "This access to internet should be monitored to the extent that it protects the children from any untoward incident, but also does not infringe upon their curiosity and sense of learning", the court said. - Observing that access to healthcare is a must and cannot be compromised, the Court emphasized that there must be unimpeded access to mental healthcare in such institutions. "An independent counsellor/child psychologist who is well-versed with dealing with various problems afflicting the psyche of a child must be present at the CCI on a bi-weekly basis, and should also be available in case of emergencies. As has been stated above, the category of a "child" cannot be generalised; it is a homogenous group and their different needs require different responses, especially in view of the multi-dimensional vulnerabilities experienced by children in different circumstances," the court said. - The Court further directed that discussions can take place at individual CCIs...

'Apathy Of Authorities Seeping Through Cracks': Delhi High Court Issues Guidelines For Better Functioning Of Child Care Institutions

Nupur Thapliyal

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