Supreme Court Proceedings For Protection Of Children Orphaned During Covid-19 Not Bar On High Court: Petitioner Tells Delhi High Court

The Delhi High Court today continued hearing a PIL seeking direction to Centre and Delhi Government 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.

The Petitioner, Advocate Jeetender Gupta appearing in person, told the High Court that merely because the Supreme Court has issued a general direction on the subject, it does not preclude the High Court from reviewing the situation within its jurisdiction.

The submission was made as the Respondents sought to argue that the PIL should be disposed of in view of the fact that the Top Court is already cognizant of the issue. Advocate Ravi Prakash, appearing for the Centre, submitted that in the case titled In Re Contagion Of Covid 19 Virus In Children Protection Homes, the Supreme Court has issued directions to all the State and Union Territories for identification and welfare of the affected children.

However, Gupta vehemently argued that "no conclusive order having pan India effects" has been passed by the Apex Court and thus, it is open for the High Court to monitor the situation locally.

"Even for COVID-19 management this happened. Supreme Court heard its own suo moto case. It does not affect High Court proceedings," Gupta submitted.

He urged the High Court to look into the schemes notified by the Delhi Government and its bodies for rehabilitation and welfare of the affected children. Referring to the monthly financial assistance offered by the Delhi Government, Gupta said, "Rs. 3,000 per month is very meagre."

The Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh has now asked the Respondents to bring on record their counter affidavits/ status reports and has posted the matter for hearing on September 20.

Earlier, the Ministry of Women and Child Development had informed the Court that it has released ad hoc grant under Child Protection Services, for the current financial year, to obviate any resource crunch while taking necessary measures in the best interest of children.

It had also submitted that Centre is taking necessary steps to save the best interest of the affected children and the petition being devoid of merits must be dismissed.

The Petitioner on the other hand claimed that many orphaned children are at the risk of being trafficked and prayed that interim custody of such children be granted to their relatives or to child care homes while also exploring options for legal adoptions.

The plea averred 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 affected children.

Case Title: Jeetendra Gupta v. UOI & Ors.