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IN THE HIGH COURT OF DELHI
Subramonium Prasad, J.
Rajesh Kumar - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
W.P.(Crl.) 1361 of 2021
Decided On : 28-09-2022




The court emphasized the need for reform in child care institutions to ensure safety and proper care for children, mandating improved management and individual care plans for residents.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Code of Criminal Procedure, 1973 - Section 482 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Child Care Institutions - The writ petition seeks a directive for conducting a magisterial enquiry into the escape of minor girls from a child care institution, managing their safety, and providing necessary compensations for victims. Court emphasized the need for overall reform in child care institutions noted for child safety, and mandated inspections and the implementation of a plan of action to minimize such incidents. (Paras 1-42)

(B) Principles governing child safety - Emphasis on the need for adequate security measures and improved management in child care institutions to prevent escape incidents, while ensuring that each child receives individual care tailored to their specific needs and rights. (Paras 11, 38-40)

Table of Content
1. introduction of the case and factual background (Para 1 , 2 , 3 , 4)
2. contentions regarding the management and safety of the trust (Para 5 , 6 , 7 , 8)
3. court observations on the state of child care institutions (ccis) (Para 9 , 10 , 11)
4. discussion on the united nations convention on the rights of the child (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
5. indian constitution and provisions for children's rights (Para 19 , 20 , 21 , 22 , 23)
6. legislative framework under the juvenile justice act (Para 24 , 25 , 26 , 27)
7. impact of institutional care on child development (Para 28 , 29 , 30)
8. specific challenges facing adolescent girls in institutions (Para 31 , 32 , 33 , 34)
9. need for systemic improvements in ccis (Para 35 , 36)
10. guidelines and recommendations for better functioning of ccis (Para 37 , 38 , 39)
11. acknowledgment of assistance and procedural conclusions (Para 40 , 41)
12. final order dismissing the petition (Para 42)

JUDGMENT

1. The instant writ petition has been filed under Articles 226 and 227 of the Constitution of India, 1950, read with Section 482 of the Code of Criminal Procedure, 1973, seeking the following prayers:

    "1. Issuance of writ/order/direction in the Nature of a writ of mandamus or of any other type of writ/direction/order to the Respondents for conducting Magisterial Enquiry into recent escape/kidnapping of five minor girls from children home at Bakhtawarpur. Delhi 110041 run by Kasturba Gandhi National Memorial Trust and other Similar incidents reported in the past also: and

    2. Issuance of writ/order/direction in the Nature of a writ of mandamus or of any Other type of writ/order/direction in the nature of a writ of mandamus or of any other writ to the Respondents to take over the child home being run by Kasturba Gandhi National Memorial Trust and to further blacklist the trust; and

    3. Issuance of writ/order/direction in the nature of a writ of mandamus or of any other type of writ/order/direction to the Respondents to initiate legal action against the criminal negligency on the part of the staff that resulted into frequent incidence of escape/kidnapping of minor Hindu girls: and

    4. Issuance of writ/order/direction in the Nature of a writ of mandamus or of any Other type of writ to the respondents to immediately arrest the kidnappers of five Minor girls on the night of 26/27 march 2021 and take action against them as per the law: and

    5. For issuance of writ/order/direction in the Nature of a writ of mandamus or of any other type or writ/order/direction to the Respondents to arrest the accused responsible for illegally kidnapping five Minor girls from the child home of KGNMT illegally detaining one of the minor girl at 1730-31 4th floor Jodha Bai Extn and Committing sexual assaults and thereafter Converting the minor victim from Hinduism To Islam and organizing Nikkah: and

    6. For issuance of writ/order/direction in the Nature of a writ of mandamus or of any Other type or writ/order/direction to the Respondents to grant maximum victim Compensation to the victim of this case as Admissible under the NALSA's scheme of 2018. This hon'ble may also be kind enough to Please provide any other relief in favour of the petitioner and against the Respondents as the court may deem fit and just in the facts And circumstances of the case. "

GENESIS OF THE MATTER

2. The genesis of the instant writ petition lies in the alleged kidnapping of five minor girls from Kasturba Gandhi National Memorial Trust (hereinafter referred to as the "Trust") on the intervening night of 26.04.2021 and 27.04.2021. An FIR was registered, being FIR No. 132/2021, dated 27.03.2021 under Section 363 of the Indian Penal Code, 1860, at P.S. Alipur, and pursuant to the same, investigation was conducted. A Status Report dated 07.09.2021 was filed by the Assistant Commissioner of Police, District Investigation Unit, Outer North Distt. Delhi, stating that during the course of the investigation, it was found that the minor


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