'It Is Essential That Vocational Training Be Imparted To Girls Kept In Shelter Homes', Gujarat HC Issues Slew Of Instructions [Read Order]

The Division Bench of Justice Sonia Gokani and Justice N. V. Anjaria issued these directions while observing that the Corpus before it (13 years and 04 months old girl) does not want to join the parents and insists on staying at Women Protection Home.

However, the Court noted that she is happy to study further. She is in the 10th standard and is keen to pursue her studies. According to her, the teaching activity is undertaken at the Women Protection Home where one teaching staff attends to the students.

On a deeper inquiry, the Court realized that the training of operating computers is not being imparted.

The Court also noticed that the corpus had only two pairs of cloths with her and although the girls are being kept engaged in some activities of daily chores, the activities which may also prove to be beneficial for them eventually for becoming self-sufficient, do not figure anywhere in the routine.

In this context, the Court noted that it is essential that vocational guidance/training be imparted to girls kept in shelter homes.

The Court, therefore, while adjourning the present matter after four weeks gave following directions:-

1- Let there be proper arrangement for the corpus to carry on formal education. For the said purpose, if there is a requirement of seeking admission in the school, for those girls who are likely to be there for a longer duration i.e. for at least one year, the same be arranged;

2- For their classes through distance learning or for vocational training, necessary arrangements of video conferencing also may be made;

3- The coaching and teaching at the institute, if feasible, the same be arranged along with such teaching to be imparted through video conferencing;

4- The computer classes, if can be arranged, such training be imparted to the girls as the technical know-how will be sine-qua-non for every individual in the present time as well as in the future;

5- For the healthy leaving, the periodical review of the food being served to them shall also be made especially bearing in mind those girls who are either pregnant or have become a mother and living with their kids. The nutritive diet with the extra care in consultation with the Health Experts / Medical Experts be provided to them;

6- For their emotional and mental health, periodical counselling shall also be arranged of experienced counsellor;

7- Whenever the girls who are housed there by virtue of the court's order and/or otherwise, if are not having sufficient pairs of cloths, the arrangement shall be done for each one to have a minimum of four pairs of cloths and their basic necessities also be taken care of. The fund of which, if is difficult to arrange from any other sources, the District Legal Services Authority can always contribute.

The Court requested the Additional District and Sessions Judge Mr. Mogera to ensure the implementation of the aforesaid instructions in consultation with the Principal District Judge, Palanpur who also happens to be Ex-Officio Chairperson of District Legal Services Authority, wherever necessary the consultation with the District Collector the Superintendent of Police of the the district can be taken who shall also render their cooperation in the matter:

So far as the corpus was concerned, the Additional District and Sessions Judge Mr. Mogera was directed that he may also depute a woman or lady staff of the DLSA in consultation with the Chairman DLSA to visit the corpus at the Women protection home every week to oversee the wellbeing of hers, considering her extremely young age.

Lastly, the corpus was ordered to be presented before the Court at the end of four weeks i.e. on 15.10.2020.

Case Details:

Case Title: Koli (Thakore) Dashrathji Magaji v. State Of Gujarat

Case No.: Special Criminal Application No. 3175 of 2020

Quorum: Justice Sonia Gokani and Justice N. V. Anjaria