Suggest Guidelines To Ensure Well-Being Of Children Who Are Released To Families By CWC Or Any Other Authority: High Court To DSLSA

In a matter related to the current status of 11 minors, who had been recovered from a brothel in Delhi in 2015 and released to their parents' custody, the Delhi High Court has directed the Delhi State Legal Services Authority (DSLSA) to suggest guidelines or safeguards that can be put in place in respect of such children, who are released by Child Welfare Committee (CWC) or by any other authority to their families.

In 2016, the DSLSA had approached the high court against CWC's orders that directed release of the 11 children to their parents. According to the DSLSA, the impugned orders were passed without proper verification and without laying down any procedure for ascertaining as to whether the children were brought back to mainstream. The orders had been passed on the basis of the reports dated 04.01.2016 and 08.01.2016 of the Shelter Home where they were staying.

The 11 children were boys and girls, aged between 4 years to 13 years. A Legal Aid Counsel, who had undertaken the responsibility of verifying the well being of the children, had made a complaint that the status of the children could not be verified as they were not granted access and even some enquiries from the parents did not show that children were living with them.

In February 2019, the High Court directed DCP of Anti Human Trafficking Unit of Kamla Market area to conduct an investigation for tracing out the 11 children and submit a report indicating their present status.

On October 11, the court was informed that out of the 11 children, a status report has been filed by the police in respect of eight children but a report regarding the remaining three is yet to be filed.

The court was also informed that since some of the children were found to be residing in Nepal, necessary verification was being coordinated through co-ordinate agencies in association with the Ministry of External Affairs.

The State counsel sought further time to file the status report regarding the remaining children as the Investigating Officer was unavailable for the day.

Accordingly, Justice Anoop Kumar Mendiratta directed:

"DCP, Anti-Human Trafficking Unit/Crime, Kamla Market is directed to ensure that status report is filed positively before the next date of hearing, and to remain present in the Court on the next date of hearing, as the compliance of order dated 15.02.2019 is partially pending."

The court also said, "Secretary, DSLSA is also directed to suggest guidelines/safeguards which may be adopted in such eventualities, prior to the release of children by CWC or by any other authority."

The matter will now be heard on December 2.

Title: DELHI STATE LEGAL SERVICES AUTHORITY v. STATE & ORS.

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