Plea seeks recording of statement of rescued children through video conferencing, Delhi HC issues notice
Jul 20, 2020
New Delhi [India], July 20 : The Delhi High Court on Monday issued notice to Delhi government, city police and others on a public interest litigation (PIL) seeking directions to conduct the statement of children rescued from bonded labour under Section 164 of the Code of Criminal Procedure (CrPC) through video conferencing.
This comes after the petitioner NGO conducted a rescue operation in Vivek Vihar, after which it noted that the police was recording the statements of the rescued children, who were working as bonded labourers, by physically taking them to court.
The PIL filed by NGO Bachpan Bachao Andolan through advocate Prabhsahay Kaur claimed that the investigation officer (IO) had asked the children between the age of 10-12 years, who are staying at a shelter home, to physically go to the Karkardooma court to record their statement.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan issued notice to Delhi government, Delhi Police, Child Welfare Committee, and others on the PIL.
The court was also informed by the petitioner's lawyer that despite being of such a young age these children were being taken to the hospitals to get their COVID-19 tests done instead of the same being carried out in their respective shelter homes.
The NGO has also sought that all proceedings by different authorities under Juvenile Justice (Care and Protestation of Children) Act, 2015 be held by audio-visual means or video conferencing to keep children from contracting the virus.
The plea also sought directions to the respondents that no authority dealing with "children in need of care and protection" will pass an order requiring a child to physically be taken out of the institution where he/she is housed, till his/her repatriation in accordance with the law.
It has also sought to take measures and propose a mechanism ensuring that a rescued child is tested for COVID-19 at the earliest on his/her rescue, preferably before the Child is sent to a Children's Home/Child Care Institution.
According to the petition, 10 children were rescued during the operation.
All rescued children were sent to Mukti Ashram, a short-term rehabilitation centre for children run by the petition, which is registered as a Child Care Institution under the Juvenile Justice (Care and Protection of Children) Act 2000.
