PIL In Delhi HC Seeks Direction To Safeguard Interest, Provide Interim Custody Of Children Orphaned Due To COVID

The petition, moved by Jitender Gupta, practicing lawyer of Delhi, has impleaded Union Of India, Ministry Of Women & Child Development, Ministry Of Health & Family Welfare, Government Of NCT Of Delhi and Delhi Police as party respondents.

The bench of Chief Justice D. N. Patel and Justice Jasmeet Singh is likely to hear the plea on Monday (May 10)

Averments in the plea

Claiming that many children who have lost their parents during Covid-19 are also facing a risk of being trafficked, the plea prays,

"Interim custody of such children be granted to their relatives or to child care homes while also exploring options for legal adoptions after duly scrutinizing all those who have expressed interest to adopt such children."

Further, the plea states that considering the urgency of the situation due to the complete collapse of health care infrastructure in national capital resulting in loss of hundreds of lives on a daily basis, the plea was being moved before the Delhi High Court to safeguard the security and the welfare of these children.

The plea avers that the respondents have failed to perform their statutory duty towards the protection of life and personal liberty of general public and that no action was taken to safeguard the interest of the children who have lost their parents to Covid-19.

Apart from this, the Petitioner has also sought financial compensation for the family members of those citizens who have lost their lives after being denied access to adequate health care in terms of hospital admission, oxygen cylinders, injections, medications, etc.

In this backdrop, the plea prays:

• Direction to the Respondents to safeguard the interest of the children who have lost their parents to Covid-19 and who do not have anyone else to take care of them and face the risk of being trafficked
• Issue a writ of mandamus or any other appropriate writ order or direction to the Respondents to grant appropriate financial compensation to the family members of those citizens who have lost their lives during the Covid-19 pandemic after being denied access to adequate health care Infrastructure / Facilities in terms of hospital admission, oxygen cylinders, injections, medications, etc.

In related news, dealing with a plea seeking direction to Union of India and Delhi Government to come up with a scheme to provide appropriate compensation to the families of the patients who died due to shortage of Oxygen, the Delhi High Court yesterday disposed of the plea by directing the Government to treat the plea as representation.

A division bench comprising of Chief Justice D. N. Patel and Justice Jasmeet Singh directed that the plea be treated as representation and it be decided in accordance with the law, rules, regulations, and government policy applicable to the facts of the case.