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Synopsis

The Delhi High Court has set out guidelines for the Child Care Institutions (CCIs) after a father moved the court alleging that his daughter was kidnapped from a children's home run by the Kasturba Gandhi National Memorial Trust.

The man argued that the said Trust is being mismanaged, and is being shielded by the Government of National Capital Territory of Delhi and Delhi Police. 

However, the Assistant Commissioner, Delhi Police in his report submitted that during the investigation, it was found that the minor girls had willingly escaped from the Trust, with the majority having escaped in an attempt to join their romantic partners. No mishappening was reported by the minor girls, he stated.

A bench of Justice Subramonium Prasad opined that the recurrent running away of these young girls reveals that there is a certain dissatisfaction that they are experiencing at these CCIs which incites their need to escape from the CCIs.

The High Court noted, "Even though the legal framework for ensuring proper functioning of the CCIs is in place, this Court can take judicial notice of the apathy in the functioning of the CCIs and the failure on the part of the CCIs in not providing a conducive environment for the children housed at the CCIs".

The High Court Court laid down the following guidelines that must be adopted by the GNCTD:

1) Data with regard to the number of functioning CCIs and the children residing therein should be collected and updated every quarter of the year. In view of the above, a report shall be prepared by the CCI and should be analysed by the Ministry of Women and Child Development, with professional help being sought from the National Institute of Public Cooperation and Child Development (NIPCCD);

2) Individual Care Plans, under Rule 19 read with Form 7 of the Model Rules, must be formulated for every child within 7 days of the child being brought to the CCI, and they should not be prepared mechanically or casually. The plans should be tailored not only to the psychological and physical capabilities of the child, but they should take into consideration the future aspirations of the child, based on their case history, circumstances, and individual needs;

3) A gender-neutral Education Plan with special emphasis on reproductive health must be formulated for residents of CCIs between the ages of 11-18. While more often than not, reproductive health is taught only to young adolescent girls as it is assumed that this area of learning only pertains to them, this presumption should be done away with, and the teachings should be extended to everyone housed at all CCIs;

4) Ensure that every CCI has access to the requisite number of gadgets that can be allocated accordingly amongst the children and no child should be deprived of their right to education on account of lack of access to any technological device. Provisions are also to be made to ensure that the children have access to a reliable and fast internet connection. Additionally, all children must be taught the implications of unhampered access to the internet and the basics of cybercrimes;

5) Recreational activities should be made available, with hobbies such as playing musical instruments, singing, dancing, etc. being taught to the children;

6) There must be unimpeded access to mental healthcare in particular. An independent counselor/child psychologist who is well-versed in dealing with various problems afflicting the psyche of a child must be present at the CCI on a bi-weekly basis, and should also be available in case of emergencies;

7) Bal Samvad shall be organised every month as done by the Department of Women and Child Development, Delhi, which had organised a “Bal Samvad” for girls residing in government-run CCIs to take suggestions from children residing at the CCIs regarding upgrade of the infrastructure of the CCI;

8) CCIs must ensure that children, especially older adolescent children, are given an effective right to be heard. Mechanisms should be created to enable children in CCIs to participate in decisions concerning their health, including placement, treatment, etc., and to demonstrate that their views are respected and given due weight in accordance with their age and maturity;

9) A centralised round-the-clock helpline should be set up which the children should be made aware of and allowed to access in case they have grievances with the CCI that they are placed at, and this helpline should be manned by an authority specialising in child care and development;

10) Female security guards should be provided at CCIs housing girls, and security personnel should be available in reserve for any emergency;

11) Measures taken by CCIs cannot be limited to surveillance by way of CCTVs and security guards, especially in view of how children are also entitled to their right to privacy and confidentiality. At no juncture can a CCI be made to resemble a detention centre or a prison; the atmosphere at a CCI should be akin to that of a nurturing home; and

12) For children aged 13-14 and above, CCIs must devise individual plans that are geared toward formulating a clear path to respectable living for the children. Career awareness, vocational training, and basic financial literacy should be present at the core of such plans. Young adolescent girls, in particular, must be taught the importance of financial independence in breaking the chains of a patriarchal society.

Further, Court noted that it appears that there is a complete lack of direction and initiative amongst the persons manning these institutions as to how they must guide the children towards a better future.

In view of the above, Court directed the Secretary, Department of Women and Child Development, and the Chairperson, Delhi Commission for Protection of Child Rights, to conduct periodic meetings at least once in every three months to monitor the functioning of the CCIs. 

Additionally, the Court also ordered that they shall also ensure periodic inspection of all CCIs in Delhi, at least once in three months. The report of the functioning of every CCI and the Minutes of Meeting conducted have been ordered to be filed in the Court twice a year, i.e. on every 31st July and 31st January of each calendar year.

Case Title: Rajesh Kumar Vs. State (Govt. Of NCT Of Delhi) & Ors.