Magistrates Should Record Statements Of Juveniles Through Video Conferencing, Requirement Of Taking The Child Outside Juvenile Home Should Be Avoided: Delhi HC [Read Order]

The Division Bench of Justice DN Patel and Justice Prateek Jalan has further directed that the proceedings before the Child Welfare Committees shall continue to take place through video conferencing and the requirement of taking the child out of the home/ Child Care Institution should be avoided as far as possible.

The order has come in a in a plea asking the court to direct that the statements under section 164 of the Criminal Procedure Code of 'children in need of care and protection' shall be recorded by the Magistrate through video conferencing, and the physical presence of the children for the same shall be dispensed with.

In addition to this, the court has asked the State authorities to conduct COVID19 tests for the children in need of care and protection who are staying at different homes/Child Care Institutions.

For the purpose of such tests, the samples shall be collected either at the home/Child Care Institution or at the office of the Sub-Divisional Magistrate of the area.

Filed by Bachpan Bachao Andolan, the present writ petition had sought a direction to be issued to the Delhi Government and the Commissioner of Delhi Police to ensure that all proceedings by different authorities under the Juvenile Justice (Care and Protection of Children) Act, 2015, shall be conducted through video conferencing to keep the children safe from contracting the COVID19 infection.

'When Karkardooma courts are conducting virtual hearings through video conferencing, why are the police forcing children in need of care of protection to physically go to the court for recording their statements under section 164 of CrPC', the Petitioner argued.

The Petitioner had further submitted that no authority shall pass an order requiring a child in need of care and protection to be physically taken out of the Childcare Institute till his/her repatriation in accordance with law.

'Instead of taking children to government hospitals, testing for COVID19 of children in need of care and protection should be conducted at the Childcare Institute itself', the Petitioner argued.

In addition to this, the Petitioner had asked for a direction to be issued to the Delhi Government to take measures and create a mechanism ensuring that a rescued child is tested for COVID19 at the earliest, preferably before the child is sent to the childcare home.

Petitioner organisation in this case is being represented by Ms Prabhsahay Kaur.

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