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Synopsis

The Delhi High Court has recently directed the Delhi government to file a detailed status report providing information regarding children in conflict with law rescued by the Government and housed in various rehabilitation centres, steps taken by the Government for rehabilitation of such children and an assessment of long-term impact of such centres upon children in its care.

A division bench comprising of CJ Satish Chandra Sharma and Justice Subramonium Prasad was hearing a plea seeking direction to take requisite steps to eradicate child begging and related problems in and around Delhi.

“The Government of NCT of Delhi is also directed to file a detailed status report within six weeks providing information regarding children in conflict with law rescued by the Government and housed in various rehabilitation centres, steps taken by the Government for rehabilitation of such children and an assessment of long-term impact of such centres upon children in its care”, the court said in its order dated September 6.

Ajay Gautam, petitioner-in person contended that despite the implementation of various schemes and programmes undertaken by various agencies, commissions and government bodies, the issue of child begging remains widespread in Delhi. “Therefore, it becomes crucial to examine the impact of various rehabilitation measures in light of the persistence of this grave social issue”, he submitted.

During the hearing, the bench note that a status report has been filed by the Delhi Commission for Protection of Child Rights (DCPCR), however, other parties have not been served with a copy thereof. “DCPCR is directed to serve copies of the status report within a week”, it ordered.

On perusal of the status report filed by the DCPCR, the court noted, certain n crucial details in the data furnished by the Commission appeared to be missing, especially with regards to the timelines of operations conducted by it. “DCPCR is directed to strictly comply with the order dated 10th May 2023, and furnish year-wise details of operations conducted by it from 2016 to date”, the bench ordered.

The matter will be taken up for further consideration on October 13.

Notably, a Chief Justice led bench in December 2022 had slammed the Aam Admi Party Government for not bringing the status report on record in the plea. The bench also comprising of Justice Subramonium Prasad had said, “The Government either doesn't file the response, doesn't provide a copy to the respondents or file a defective one, to delay the proceedings”.

The bench was hearing a plea filed by Gautam raising the issue as to "whether State is bound to perform its duties accordance with as enshrined in Section 13 (E) and (F) of The Commission for Protection of Child Rights Act, 2005?"

The plea also sought direction for the Delhi Police to identify and arrest the mafias/gangs who are behind the organized crime of sexual exploitation and using and/or pushing women using toddlers, teenage girls, and small children into begging and other related crimes.

Gautam had then informed the bench that child beggars can be almost everywhere in Delhi, most commonly at traffic signals, railway stations, bus stands, religious places, colleges, and popular markets.

It was alleged that despite the presence of beggars in almost every part of the city, the department who is responsible for curbing this menace, had failed to take any remedial steps.

Furthermore, it had been stated that everyone knows that the begging mafia is actively behind this menace of begging by the children and in fact, they kidnap, train, force, and torture innocent children for begging.

Case Title: Ajay Gautam v. DCPCR & Ors.