Whether Adequate Measures Provided In Child Care Homes To Ensure Children Don't Escape? Delhi HC To Issue Directions For Better Functioning

The Delhi High Court is set to issue directions for better functioning of child care institutions in the city, following reported incidents of escape/ kidnapping from one such institution.

Justice Subramonium Prasad was dealing with a plea seeking a magisterial enquiry into an incident concerning escape of five minor girls in March this year from a children home at Bakhtawarpur and other similar incidents reported in the past.

The Court therefore directed the Joint Director, Child Protection Unit, Department of Women and Child Development to be present in the Court on the next date of hearing for assisting the Court in giving appropriate directions to ensure better functioning of various child care institutions.

"This petition cannot be confined only to the one incident of 26/27th March, 2021 where five (5) minor children escaped from the home. The overall functioning of the institutions has to be assessed to see as to whether the adequate measures have been provided in the homes so as to ensure that the children do not escape from such homes and what facilities have been provided to the children in the homes," the Court said.

The plea also sought directions on the Delhi Government and other agencies to initiate legal action against the criminal negligence on the part of the staff that resulted into frequent incidence of escape of minor girls.

Further, directions were sought to arrest the accused responsible for illegally kidnapping the minor girls from the child home and illegally detaining one of the girls and committing sexual assaults, converting her from Hinduism to Islam and performing Nikkah.

As per the status report filed by Assistant Commissioner of Police, District Investigation Unit, it was stated that the condition of the child care home building was such that it was easily possible for the inmates to escape.

It further revealed that while there were 63 girls lodged Bakhtawarpur child care home, no adequate security guard specially female guards were found deployed in the same.

Furthermore, it also stated that as per the enquiry done in the matter, it was revealed that total 14 incidents of escape of girls happened from the child care home and that in all the previous 13 incidents, separate FIRs were registered. However, no active negligence could be established on the part of the staff in the investigation qua escape of 5 minor girls.

The Court also took on record the reply filed by the Delhi Commission for Protection of Child right which had raised concerns on functioning of the said child care institution in question.

"Let the Joint Director, Child Protection Unit, Department of Women and Child Development, be present in the Court for assisting the Court in giving directions to ensure better functioning of the various child care institutions," the Court directed.

The matter will now be heard on December 9.

Case Title: RAJESH KUMAR v. STATE (GOVT. OF NCT OF DELHI) & ORS.

Click Here To Read Order