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The DSLSA and the Delhi government submitted that in light of the Supreme Court's September 2022 directions, the question of the pilot project's termination no longer exists.
The Delhi High Court on Tuesday directed various stakeholders to consider taking steps to expand the implementation of Delhi State Legal Services Authority’s (DSLSA) scheme to engage paralegal volunteers in all police stations.
A division bench of Justice Siddharth Mridul and Justice Anup Jairam Bhambhani was hearing a petition concerning a criminal reference arising from certain legal questions raised by the principal magistrate of the Juvenile Justice Board-II, Delhi Gate, New Delhi, in circumstances where a child in conflict with the law (CCL) was also a child in need of care and protection (CNCP). It was also hearing a plea for clarification on the interpretation and effective implementation of the Juvenile Justice (Care and Protection of Children) Act of 2015.
The division bench noted that the pilot scheme was to be implemented as a regular scheme throughout Delhi after the Supreme Court’s approval. Court directed, “The parties shall now consider the steps to be taken for expanding the scheme of empanelment of para-legal volunteers in all police stations within Delhi”.
During the hearing, counsel for all stakeholders, including the Delhi Police, the DSLSA, and the Delhi government informed the bench that the question of the pilot project's termination does not arise as per the Apex Court's September 2022 directions.
It is to be noted that in September 2022, the Supreme Court directed all State Legal Services Authorities and Legal Services authorities of Union Territories to implement the scheme by taking the DSLSA plan as the model.
The pilot project involved the engagement of paralegal volunteers at 50 police stations. Pursuant to the previous hearing, the DSLSA had filed a report indicating the roadmap for implementing the scheme in all police stations while highlighting certain issues. As per the scheme, the volunteers will be assigned to assist parents or children who are survivors of sexual offences, as well as to assist them in registering cases involving missing children and crimes against minors.
The bench remarked that the high court will have to proceed “strictly according to directions of the Supreme Court” as the apex court order “does not carve out any exceptions” concerning police stations on which the scheme may not be applicable. Accordingly, the court listed the matter for further hearing on February 24.
The bench had earlier, taken a stern view on offences against minors and said that there has to be zero tolerance towards such offences. “If it is required of us to take steps to prevent the occurrence of such offences then we have no issue. We need a roadmap and personnel. We can’t have para-legal volunteers and have them shy away from a pious obligation,” the court had observed.
Case Title: Court in its own motion v. State
Statute: The Juvenile Justice (Care and Protection of Children) Act of 2015
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