Take Steps To Implement Suggestions For Improving Functioning Of Children Homes Within Four Weeks: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to take steps to implement within four weeks the suggestions for improving the facilities and functioning of the children homes in the national capital.

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain was referring to the suggestions made by Amicus Curiae, Senior Advocate Satish Tamta, in a suo motu case initiated by it in 2018.

The court said that if the suggestions are not implemented within the given time, Delhi Government's Chief Secretary shall personally remain present in court to explain as to why the order was not complied with.

The amicus curiae had put forth the suggestions in his report filed in March 2020. However, the court was informed that till date, there was no response from the Delhi Government on the same.

“ is pertinent to mention here that the learned amicus curiae, after visiting around 160 children homes, had submitted a report dated 02.03.2020 wherein some suggestions were put forth to Government of NCT of Delhi…,” the court noted.

The amicus curiae suggested that since the children homes were lacking home like environment, immediately steps need to be taken for providing adequate facilities, both in terms of staff and the infrastructure.

It was also suggested that Delhi Government's Department of Women and Child Development should constitute and notify Inspection Committees at district level in terms of Section 54 of Juvenile Justice Act, which should make periodical visit to the children homes, being run under the Delhi Government and the NGOs under government license.

“It is suggested that the children on short-term stay should be put in short-term home only so that they do not disturb the children on the long term stay and for that separate Homes be made,” the report stated.

It further suggested that the registration process of the children homes needs to be streamlined and made more simplified.

Counsel for Petitioner: Mr. Satish Tamta, Senior Advocate (Amicus Curiae) with Ms. Nisha Narayanan, Advocate

Counsel for Respondent: Mrs. Avnish Ahlawat, Standing Counsel-GNCTD with Mr. Satya Kam, ASC, Mr. Pradytu Kashyap, Mrs. Taniya Ahlawat, Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for State

Mr. Anant Kumar Asthana, Amicus Curiae; Mr. S.K. Sethi, Advocate for DSLSA; Mr. Vivek Goyal, CGSPC with Mr. Gokul Sharma and Mr. Shivam Singh, Advocates for UOI

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 247

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