Delhi High Court Issues Directions For Missing Children Cases, Calls For User Friendly Ready To Use Handbook In Police Stations

The Delhi High Court has called for a user-friendly ready-to-use handbook in every Police Station across the national capital for accessibility to aid investigations concerning cases of missing children.

Issuing various directions concerning cases related to missing children, Justice Swarana Kanta Sharma said that a standardized checklist must be formulated and maintained at all police stations, providing a comprehensive guide for investigating officers when handling such cases.

“The checklist for investigating cases of missing children, must incorporate specific timeframes for the completion of each procedure. This will ensure that the Investigating officers have a clear roadmap, thus promoting accountability and expeditious resolution in such sensitive cases,” the court said.

Justice Sharma observed that for ensuring successful implementation of the SOP as well as the Standing Orders on the subject, it is crucial to translate them into various languages widely spoken in Delhi, such as Hindi, Punjabi, and Urdu.

“This strategic multilingual approach is essential to accommodate the diverse linguistic landscape of the region. This exercise will enhance comprehension and foster strict adherence to the outlined procedures among not only the law enforcement officers but also the general public,” the court said.

Furthermore, it added that regular reviews of the SOP and Standing Orders must be carried out by the concerned Ministries and the State Authorities or Police Department, ensuring that the said documents evolve in accordance with the changing times.

“These periodic evaluations are crucial for identifying any gaps, inefficiencies, or areas that may require refinement or enhancement. It also ensures that the SOP remains a living document, actively contributing to the professional growth of police personnel throughout their careers,” the court said.

Justice Sharma also said that henceforth when a complaint is filed with the police regarding a missing minor, the complaint must specifically include a provision specifying that if, at any point, the parents or guardians discover the whereabouts of the child or if the minor returns home independently, the investigating officer should be promptly and mandatorily informed within 48 hours.

“it is critical that the investigating agencies must invest time, energy and resources to periodically not only review their own standing orders as to how investigation in such cases has to be conducted, but they should also conduct periodical workshops and online or physical lectures not only from our country but learn modern techniques of investigation in cases of missing children and human trafficking,” the court said.

It added: “The investigating agencies are more often than not the hope of the relatives and parents of missing children and persons and therefore, it is of utmost importance that they should be trained in specialized techniques of finding missing children.”

Justice Sharma said that children being the most valuable treasures of an emergent “Dynamic Bharat” deserves the best and safe environment.

The court said that in case the children become targets of a crime of kidnapping or human trafficking, the law enforcing agencies and investigating agencies must work collectively to ensure that the children are not only found at the earliest but also restored to their guardians and the offenders are punished as per law.

“A copy of this judgment be forwarded to (i) Secretary, Ministry of Child and Family Welfare, Union of India, and (ii) Director, Delhi Police Academy, for necessary information and compliance,” the court said.

Justice 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.

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

Citation: 2023 LiveLaw (Del) 1256

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