Delhi High Court Order Dated 13-02-2013 in writ Petition Civil 6612 of 2012
HAQ: Centre for Child Rights
B1/2, GF, Malviya Nagar
New Delhi - 110049
Email - info@haqcrc.org
Website - www.haqcrc.org
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Delhi High Court Order Dated 13-02-2013 in writ Petition Civil 6612 of 2012
1. IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 6612/2012
CENTER FOR CHILD RIGHTS
THROUGH ITS CO-DIRECTOR ..... Petitioner
Through: Mr. Anant Asthana, Adv.
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Mr. B.V. Niren, Adv. for UOI
Mr. Arjun Pant, Adv. for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V.K. JAIN
O R D E R
13.02.2013
The petitioner is the Co-Director of HAQ, Centre for Child Rights, a registered
Child Rights Organization founded in 1998. Keeping in tune with the object for
which the NGO was set up, the petitioner approached this Court for the following
reliefs:
(a) Pass an order constituting a Committee to draft guidelines for prevention of
sexual abuse of children. Such Committee may consist of (1) Representative of
Department of Women and Child Development, (2) Representative of Delhi
State Legal Services Authority, (3) Representative of Delhi Commission for
Protection of Child Rights, (4) One Chairperson of Child Welfare Committee, (5)
One Principal Magistrate from Juvenile Justice Board, (6) Two Representatives
from Non Governmental Organizations working on child sexual abuse related
issues, (7) One member from Delhi Commission for Women and the Ld.
Member Secretary of Delhi Legal Services Authority may kindly be given the
mandate to chair and coordinate the entire process of framing such guidelines;
(b) Pass an order directing respondents to adopt and issue such guidelines as may
be drafted by the Committee suggested in prayer (a);
(c) Pass an order to respondents to widely publicise these guidelines in English
and vernacular languages;
2. (d) Pass an order directing respondents to organize periodic training programmes
about such guidelines, in order to ensure better implementation of these
guidelines by the duty holders (Officials of State Governments responsible for
child protection issues, schools, educational institutions, Institutions under JJ
Act, Institutions under any other law keeping children, Juvenile Justice Board,
Child Welfare Committees, other competent authorities and agencies i.e. police,
hospitals, etc.) for a period of one year from the date of issuance of such
guidelines;
(e) Pass any other order or direction(s) that this Court may deem fit and proper as
per the facts and circumstances of the case.
2. The relief sought for in the petition is two-fold, firstly for constitution of a
committee and secondly for a direction to the said committee to draft the
guidelines for prevention of sexual abuse of children. In response to the petition,
the Delhi Commission for Protection of Child Rights has constituted a Core-
Group by its Office Order dated 30th January, 2013 for developing guidelines on
Prevention of Sexual Abuse / Exploitation of Children, consisting of as many as
15 members, as mentioned in paragraph 8 of the counter affidavit. It appears that
the role of the Committee is only to formulate the guidelines for effective
implementation of Rule 31 of the Juvenile Justice (Care and Protection of
Children) Rules, 2007.
3. In view of the above, the first portion of the relief already stands addressed. As
regards the second portion for framing guidelines, we direct the said Committee
to frame such guidelines before 31st July, 2013 and submit those guidelines to
the Government of NCT of Delhi for approval and necessary action. On the
guidelines being so submitted by the Committee, a decision thereon shall be
taken by the Government of NCT of Delhi, within a period of three months.
4. With these directions, the writ petition stands disposed of.
CHIEF JUSTICE
V.K. JAIN, J
FEBRUARY 13, 2013