The main legal point established in the judgment is the interpretation of the term 'guardian' under the Juvenile Justice Act, 2015, and the court's obligation to ensure legal representation and protection of child victims.

Mukta Gupta, J.

1. By this application, the petitioner seeks setting aside of orders dated 21st December, 2016 and 26th October, 2016 whereby the application for inspection of records filed by the petitioner on behalf of Minor ‘X’ was dismissed on the ground that the petitioner has no locus standi to make such application and inspect the records.

2. A brief exposition of facts is that on 12th April, 2016, Minor ‘X’, a girl aged 12 years and her brother aged 9 years, were found abandoned at K Block Park, Dakshinpuri, Delhi by the officers of P.S. Ambedkar Nagar, who handed over the two children to Child Welfare Officer, Foundling Home - Welfare Home for Children, for immediate care and protection. On 13th April, 2016, Minor ‘X’ and her brother were counselled by the Child Welfare Officer when they stated that they had left the home voluntarily as their father had been sexually assaulting Minor ‘X’ and was also physically violent with both of them. Their mother had abandoned them three years back and had married another man. They stated that they did not wish to return home to their father. The Child Welfare Officer filed a report before the Child Welfare Committee (CWC). On the same day, Chairman, CWC directed short term placement of Minor ‘X’ and her brother at Foundling Home - Welfare Home for Children. On 18th April, 2016, FIR No. 234/2016 was registered for the offences punishable under Section 376 IPC and Section 6 of Protection of Children from Sexual Offences (in short POCSO) at PS Ambedkar Nagar at the instance of Minor ‘X’ against her father, whereafter statement of Minor ‘X’ was also recorded under Section 164 Cr.P.C.

3. On 2nd May, 2016, CWC passed an order transferring Minor ‘X’ to "Global Home" for further rehabilitation. Thereafter, on 25th May, 2016, another order was passed by CWC whereby Minor ‘X’ was transferred to "Samarpan Home for Girls". CWC on 26th September, 2016 passed an order directing that Minor ‘X’ shall remain in the long term care and custody of "Samarpan Home for Girls" till 25th September, 2017. On 24th October, 2016, an application was filed by the petitioner for inspection of records which was dismissed on 26th October, 2016. In view of the aforesaid order, an application was made to CWC to appoint the petitioner as the guardian of Minor ‘X’ in terms of Section 2(31) of the Juvenile Justice Act, 2015 (in short ‘JJ Act, 2015’). On 9th November, 2016, CWC while exercising its powers under Section 29(1) and in furtherance of its responsibilities under Section 30(vi) of the JJ Act, 2015, appointed the petitioner as the guardian of Minor ‘X’. The order dated 9th November, 2016 passed by CWC is as under:-

“Minor X (name deleted), aged 13 years, with case no. 365/16, has been found to be in need of care of protection due to sexual abuse by her father on many occasions. The child finally ran away from her home along with her brother and was found by a lady who came to their help and informed the police.

The child's case was registered under FIR no. 234/16 dated 18.04.2016 u/s IPC 376 and Section 6 of the POCSO Act (hereinafter "the Proceedings").

It has been found that the child's guardian is the accused in the case and the mother has left them and remarried and hence not a fit person to provide care and protection to the child.

By section 30(vi) read with section 2(31) of the Juvenile Justice Act, 2015, this Committee is charged with the responsibility of ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the child's individual care plan and passing necessary directions to parents or guardians or fit persons or children's homes or fit facility in this regard.

In exercise of the said power, the Child Welfare Committee hereby appoints the Director of Samarpan Home for Girls, located at B-24, Maharani Bagh, Back Lane, New Delhi - 110065, who has the custody and charge of the child, as the "Guardian" of the child during the course o