Allow Cookies!
By using our website, you agree to the use of cookies
A Writ Petition was filed by the Bacpan Bachao Andolan in Delhi High Court when 10 minors housed at Mukti Ashram were compelled to leave the Mukti Ashram and physically attend the court of the Metropolitan Magistrate for recording their statements under Section 164 of the Code of Criminal Procedure,1973 and for giving samples for COVID-19 Testing. These ten minors were working as child laborers when they were rescued in an operation in July.Ms. Prabha Sahay Kaur.the learned counsel of the petitioner had contended before the court that these rescued children needed care and attention. They should not be forced to leave the institution or be sent to crowded public places during a pandemic for recording statements or medical tests. The petitioners also suggested some measures and pleaded the court to direct the respondents to lay down procedures for recording statements and conducting tests without compromising the safety of these children.
After hearing the plea of the petitioner the court agreed with the view that the interest of children who require care and protection, necessitates that their exposure to crowded places be avoided in the prevailing circumstances. The court directed the Metropolitan Magistrate to record statements of these children through video conferencing or if necessary the learned Magistrate can visit the child care institutions themselves. The court further directed the State authorities to carry out COVID-19 tests of these children at the child care institutions itself or at the office of the Sub-Divisional Magistrate of the area. The court also stated that the proceedings before the Child Welfare Committees should continue to be conducted through video -conferencing. These directions of the court were accepted by the respondents as well.
The court through these directions has ensured that the well being of these children who require special care and attention is not ignored by the authorities while following the due process of law.
86540
103860
630
114
59824