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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Rajesh Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| 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/orde
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.
Charitable institutions must register under the JJ Act but are not classified as 'child care institutions', affirming state responsibility for children's welfare without compromising institutional au....
Proper determination of age and declaration as a child in need of care and protection is essential for the detention of minors in child care institutions, and the J.J. Act, 2015 provides for release ....
The court mandates timely staffing and adherence to legislative provisions for effective child welfare implementation, emphasizing the need for technology and social audits.
Each of the Court premises should have child friendly courts and vulnerable witness courts and in this regard, we direct all the District Judges concerned to ensure that child friendly courts are mad....
The main legal point established in the judgment is the need for segregation of observation home, special home, and place of safety within the same building, and the implementation of measures for im....
The paramount consideration of the welfare of the minor and the applicability of the statutory framework provided by the Juvenile Justice (Care and Protection of Children) Act 2015 and the Protection....
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