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Synopsis

The Delhi High Court on Thursday granted three weeks to Delhi Government to formulate the standard operating procedure (SOP) to be followed in cases of sexual assault of children.

A division bench headed by Chief Justice Satish Chandra Sharma was informed by the counsel appearing for the Department of Women and Child Welfare (DWC) of the Delhi government, the nodal agency for implementation of child protection laws, that the process of consultation with other stakeholders like the National Commission for Protection of Child Rights (NCPCR) and Delhi Commission for Women (DCW) was going on.

"We require three weeks time to finalise, to hear everyone and finalise it," the counsel said before a bench, also comprising Justice Sanjeev Narula.

Noting that the government was "still deliberating", the division bench ordered, “Counsel for GNCTD prays for three weeks' time to conclude deliberations to formulate the SOP. She is granted three weeks’ time”. Accordingly, the court posted the matter for further consideration on November 10, 2023.

The bench was hearing a suo moto case, which it had initiated after taking cognizance of an incident wherein a minor girl had allegedly been raped several times by the suspended Delhi government’s Women and Child Development Department Officer, Premoday Khakha. 

The minor was allegedly impregnated and Khakha’s wife, Seema Rani (an accused in the case) gave medicine to her to terminate the pregnancy. The couple was arrested last month and is currently in judicial custody.

Notably, on September 14, the division bench had sought suggestions from various authorities, including the Delhi government and National Commission for Protection of Child Rights (NCPCR), on preparation of Standard Operating Procedure (SOP) to be followed in cases of sexual assaults involving child victims.

The court had asked the Child Welfare Committee (CWC), National Commission for Protection of Child Rights (NCPCR), Delhi Commission for Protection of Child Rights (DCPCR), Delhi Commission for Women (DCW), Delhi government’s Department of Women and Child Development, Delhi Police and Delhi State Legal Services Authority (DSLSA) to participate in the meeting for drafting the SoP.

During the last hearing, Additional Standing Counsel Rupali Bandhopadhya appearing for the Delhi Police had informed the bench that she has filed a status report in the matter. The court had noted that the status report was not on record and asked it to be placed on record. It also impleaded DCPCR as a party to the plea and asked it to place on record the steps taken by it in the case.

On August 28, the court took suo moto cognizance in the matter and directed the authorities to ensure the identity of the survivor was not revealed in any manner and that she got due protection and compensation.

It is also to be noted that on August 23 Additional Sessions Judge (POCSO) Richa Parihar extended by 14 days the judicial custody of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her.

His wife Seema Rani is also in judicial custody, who is accused of giving the girl medicine to terminate her pregnancy, which was also extended by 14 days.

Khakha had allegedly raped the girl several times between November 2020 and January 2021. She was staying at the residence of the accused, a family friend, after her father passed away on October 1, 2020, the police had said.

The couple was arrested on Monday i.e. August 2, after the victim recorded her statement before a magistrate at a hospital.

According to reports, a case was registered under provisions of the POCSO Act and Indian Penal Code sections 376(2)(f) (being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman) and 509 (word, gesture or act intended to outrage the modesty of a woman).

IPC sections 506 (criminal intimidation), 323 (voluntarily causing hurt), 313 (causing miscarriage without woman's consent) and 120B (criminal conspiracy) have also been invoked in the case.

Case Title: Court in its own motion v. Department of Women and Child Development