The Delhi High Court on Monday asked the State government to respond to a petition by Bachpan Bachao Andolan (BBA), seeking direction to carry out the recording of statement of rescued children by a court through videoconferencing, in view of the outbreak of COVID-19.
A Bench of Chief Justice D.N. Patel and Justice Prateek Jalan also asked the police to respond to the plea, which pointed out that rescued children housed in children’s homes are being physically taken to court to record their statements. Advocate Prabhsahay Kaur, appearing for BBA, stated that on July 9, following an operation done on BBA’s complaint, 10 children were rescued from Vivek Vihar, adding that the children were sent to BBA’s children’s home, Mukti Ashram, a short-term rehabilitation centre registered as a child care institution under the Juvenile Justice (Care & Protection of Children) Act.
The Child Welfare Committee then directed the police to get their statement recorded in a local court. It also directed to get them tested for COVID-19 at a government hospital. Following the CWC’s direction, the investigating officer, who came to Mukti Ashram, took five of them to the court despite BBA’s request to hold the proceeding through videoconferencing.
Ms. Kaur stated that on return of the children from the court premises, it was realised that they had been exposed to a very high risk of contracting the virus being in public places and in the police vehicle.
Ms. Kaur said that the CWC also “surprisingly” advised BBA to physically send the children to the court premises.
During the hearing, the government’s counsel stated that the administration is considering sending the Magistrate physically to the children’s home to record the statement. The counsel said the Magistrate has to interact with the children to record the statement as the children might have to be consoled or told in which manner the statement has to be recorded.
On the issue of COVID-19 testing, the government counsel said it may not be feasible to get the test done at the children’s home as the hospitals where the test are being done are following all precautions.
The High Court has posted the case for further hearing on July 28.
