Case Title: Rajesh Kumar V. State (Govt. of NCT of Delhi) & ors.
The Delhi High Court remarked in the aforementioned case that it is regrettable that the "apathy of authorities" is seeping through the cracks and impeding the growth of youngsters at a vulnerable age. The court also issued a number of directions for better operating childcare institutions in the capital.
Justice Subramonium Prasad emphasized the need to improve current institutions to ensure that children receive acceptable standards of care but claimed that those in charge of these facilities completely lack direction and initiative regarding how to steer the youngsters towards a better future.
In a plea for a magisterial inquiry into an incident involving the escape of five young girls in March last year from a children's home in the city, as well as other such incidents recorded in the past, Justice Prasad made the observations and issued guidelines and directives.
"It is unfortunate to observe that the apathy of the authorities is seeping through the cracks and hampering the development of those who are at the age wherein they require consistent nourishment; mental, physical and nutritional," said the court.
The Court further noted that the State Government has a constitutional duty to provide the childcare facilities with enough funding in order to guarantee the protection and promotion of children's rights.
The Court issued the following Guidelines:
- The Court ordered that information on the number of operating childcare facilities and the children who reside there should be gathered and updated on a quarterly basis. It was further stated that the CCI should carry out the exercise with regard to the children residing in such institutions, with a consolidated report being prepared at the end of the year. The Court further stated that the Ministry of Women and Child Development must analyse the report and should seek assistance from the National Institute of Public Cooperation and Child Development (NIPCCD). The court further stated that the data should be released on a public webpage together with the results of the data analysis.
- Every kid must have an individual care plan established within seven days of being brought to the CCI, and it must not be done in a robotic or careless way. "The plans should be tailored not only to the psychological and physical capabilities of the child, but it should take into consideration the future aspirations of the child, based on their case history, circumstances, and individual needs. These plans should be cultivated by the resident counsellor who has had interpersonal interactions with the child and has considerable understanding of the psyche of the child," the Court directed.
- The court added that no kid should be denied their right to an education due to a lack of access to any electronic device and that it is vital to make sure that each CCI has the necessary number of devices that can be distributed among the children.
- The Court further ordered that conversations be held at individual CCIs once a month to record children's proposals and allow them a chance to express their worries, apprehensions, and sentiments.
- A centralized, round-the-clock helpline should be established, and children should be informed of it and given access to it if they have complaints about the CCI where they are put. Someone with expertise in child development and care should staff the helpline.
- In addition to the assistance, a grievance redressal process should be established by an independent body and made accessible so that kids can voice their opinions and concerns to the proper authorities.
- Urgent action is needed to staff the CCIs. The Model Rules' Rule 67 considers the safety precautions taken to safeguard the children's security.
- At CCIs housing girls, female security guards should be present, and security professionals should be on call in case of an emergency.
- Considering that children have a right to privacy and confidentiality, CCIs cannot limit the measures they take to surveillance via CCTVs and security guards.
- These people need to get specific instruction that dispels gender prejudices. For example, teaching children how to cook should be done from the standpoint that it is an essential life skill rather than from the viewpoint that it is a task that belongs exclusively to women.
- At the heart of such strategies should be career knowledge, occupational training, and fundamental financial literacy. In order to free themselves from the shackles of a patriarchal culture, young adolescent females in particular need to be taught the value of financial independence.
The Court highlighted, at the outset the necessity for a compassionate approach to rehabilitating young girls living in facilities for child care, taking into account the variety of worries, insecurities, and uncertainties that they may be going through.
The Delhi Commission for Protection of Child Rights' Chairperson and Secretary of the Delhi Government's Department of Women and Child Development was given an order by the court to hold regular meetings at least once every three months to oversee how the CCIs are operating.
The Court further ordered the authorities to ensure that all CCIs in the city are regularly inspected, noting that this must happen at least once every three months. "The report of the functioning of every CCI and the Minutes of Meeting conducted by the Secretary - Department of Women and Child Development and the Chairperson - Delhi Commission for Protection of Child Rights, shall be filed in this court," the court noted.