The central legal point established in the judgment is the duty of the State to provide a congenial atmosphere for children's play, as mandated by legal provisions, international treaties, and the Commissions for Protection of Child Rights (CPCR) Act, 2005. The judgment emphasizes the importance of play in children's development and underscores the role of the Delhi Commission for Protection of Child Rights (DCPCR) in addressing violations of children's right to play.

Rajiv Sahai Endlaw, J.

1. This petition was registered taking cognizance of the letter dated 12th April, 2014 of Hon’ble Mr. Justice Kurian Joseph, Judge Supreme Court of India regarding the deplorable state of affairs in the Children’s Park near India Gate and the Lake Park near Sarojini Nagar/opposite Laxmi Bai Nagar, Type IV Quarters and suggesting that the Delhi Legal Services Authority addresses the issue, so that the human rights of the children to get a congenial atmosphere in these parks befitting their age and dignity are not violated.

2. Notice was issued to the Ministry of Urban Development, Government of India, Govt. of National Capital Territory of Delhi (GNCTD), Central Public Works Department, New Delhi Municipal Council (NDMC), Delhi Development Authority (DDA), East Municipal Corporation of Delhi, North Municipal Corporation of Delhi, South Municipal Corporation of Delhi and Delhi Cantonment Board and vide order dated 16th April, 2014 direction was issued to the NDMC to ensure that immediate steps are taken in repairing the broken/damaged playing equipments, swings and other facilities in the aforesaid two parks and for upgrading and maintaining the same. Mr. Nidhesh Gupta, Senior Advocate was also requested to assist the Court as an Amicus Curiae.

3. Thereafter also from time to time, directions were issued and the various authorities filed status reports before us. The learned Amicus Curiae, in exemplary discharge of his duties and we must say, at the expense of his time and money, visited a large number of parks in Delhi and photographed them to demonstrate the prevalent state of affairs to us. He demonstrated that the status reports filed before us were deceptive in inasmuch as on closer scrutiny it was found that the swings and slides and other equipment installed in the various parks continued to be broken and not well maintained and thereby not only depriving the children from use thereof but also posing a safety hazard to them.

4. We vide our order dated 16th July, 2014 asked all the agencies concerned, to suggest long term measures to tackle the issue and to ensure that a permanent machinery is in place, so that even without supervision of the Court, the children get their due. Attention of all concerned was also invited to an experiment done for some years, of vesting the maintenance of children park at India Gate in Maruti Udyog Limited and during which time, the users thereof had found the park to be better maintained than being earlier done by the local authorities. We had in the said order asked all the agencies to consider the feasibility of so entrusting the maintenance and upkeep of the parks either to philanthropic organizations or others evincing interest in the same or even to corporates, in return for advertising or other rights in or around the said parks and by constituting a watchdog either of concerned Residents Welfare Association (which have a statutory recognition in MPD-2021) or other bodies of citizens to ensure that such organizations/corporates fulfil the obligations promised by them.

5. The learned Amicus Curiae during the proceeding on 13th August, 2014 placed certain suggestions before us for upkeep and management of the Children’s Park and the same were circulated to the agencies for their comments.

6. We were during the hearing on 29th October, 2014 informed that a draft policy to ensure proper maintenance of Children’s Park had been formulated and the process of finalizing the same was underway. However, since the said draft did not take into consideration, the various suggestions made earlier by the learned Amicus Curiae we directed the same also to be considered before finalization thereof.

7. During the pendency of the present petition, there was a report of a child dying in a park in New Moti Nagar, Delhi due to injury on head and chest caused by the iron bar swing on which she was playing. Justice Kurian Joseph vide his letter dated 5th February, 2014 to the learn