[ad_1]
The Delhi High Court Wednesday issued guidelines for the improvement of child care institutions (CCI) in Delhi “in a way that individualised quality standards of care are provided and the rights of the child remain safeguarded”. The court listed the guidelines in a petition seeking a magisterial inquiry into the escape of five minor girls from a children’s home at Bakhtawarpur in Delhi last year and similar incidents reported in the past.
Setting up of a centralised round-the-clock helpline for children, discussion forums for children to voice their concern, framing individual care plans for every child, a gender-neutral education plan with special emphasis on reproductive health of the children, and allocating requisite gadgets for children to ensure their right to education are a few of the directions stipulated by the court for the child care institutions (CCI) in Delhi.
Senior advocate Rebecca John was appointed amicus curiae to assist the court in the matter after it appeared to the court that there was a “lack of empathy being exhibited regarding the well-being and welfare of children”, especially the increasing instances of runaway young adolescent girls.
Justice Subramonium Prasad said that the focus of the judgment shall be on children in need of care and protection, especially the development of adolescent girls and the need to institute measures in CCIs that can aid in their holistic development as well as their assimilation in society after they attain majority.
The court observed that when girls of this vulnerable age are housed at CCIs, their psychosocial needs are to be considered to create a safe, nurturing and habitable environment for them. The court stated that although CCIs are environments that must be escaped from, these institutions remain pertinent for those children for whom there are no feasible options other than institutional placement. “Therefore, there is a need for existing institutions to be improved in a way that individualised quality standards of care are provided and the rights of the child remain safeguarded,” the court held.
The court also observed that while there is no dearth in the legal stipulations governing the field, however, “there is a clear schism between the promulgation of the provisions and their implementation on the ground”. The court noted that the “apathy of the authorities is seeping through the cracks and hampering the development” of children at an age where they require consistent physical, mental and nutritional nourishment.
The court laid down the following guidelines for the improvement of child care institutions in Delhi:
– Data on the number of functioning CCIs and the children residing therein should be collected and updated every quarter of the year. The exercise with regard to the children residing at a CCI should be conducted by the CCI, and a consolidated report should be prepared at the end of the year, which should be analysed by the Ministry of Women and Child Development, taking professional help from the National Institute of Public Cooperation and Child Development (NIPCCD). The findings of the data analysis, along with the data, should be published on a public portal.
– Individual care plans must be formulated for every child within 7 days of the child being brought to the CCI, and they should not be prepared in a mechanical or a casual manner. These plans should be framed by the resident counsellor who has had interpersonal interactions with the child and has a considerable understanding of the psyche of the child.
– A gender-neutral education plan with special emphasis on reproductive health must be formulated for the children between the ages of 11-18. Lessons on reproductive health should be taught not only to young adolescent girls but to everyone housed at all CCIs. A gender-neutral plan will not only create awareness amongst all genders, but will also incite empathy and sensitivity with regard to reproductive health.
– All CCIs should have the requisite number of gadgets that can be allocated accordingly amongst the children and no child should be deprived of their right to education on account of lack of access to any technological device. “However, all children must be taught the implications of unhampered access to the internet and the basics of cybercrime. This access to the internet should be monitored to the extent that it protects the children from any untoward incident, but also does not infringe upon their curiosity and sense of learning.”
– Children should be given time to learn recreational activities such as playing musical instruments, singing, dancing, etc. The CCIs can reach out to academies such as the YWCA for pro bono dissemination of classes. Play areas should be created/designated, with swings and other equipment for younger children. “Research indicates that outlets such as physical outdoor sports and other hobbies aid children who are emotionally vulnerable and at risk, in developing healthy coping mechanisms, thereby steering them away from potential vices such as drug abuse and resorting to physical violence,” the court said.
– Children at CCI’s must have “unimpeded access to mental healthcare”. An independent counsellor/child psychologist who is well-versed in dealing with various problems afflicting the psyche of a child must be present at the CCI on a bi-weekly basis, and should also be available in case of emergencies.
– Bal Samvad or discussions can take place at individual CCIs every month to record suggestions of the children as well as to give an opportunity to all the children to voice their concerns, apprehensions and feelings. The court noted that the CCIs must ensure that children, especially older adolescent children, are given an effective right to be heard. Mechanisms should be created to enable children in CCIs to participate in decisions concerning their health, treatment, etc., and to demonstrate that their views are respected and given due weight in accordance with their age and maturity…”
– Setting up of a centralised round-the-clock helpline that can be accessed by children in case they have grievances with the CCI that they are placed at, and this helpline should be manned by an authority specialising in child care and development. A mechanism for grievance redressal should be set up by an independent authority and made available for children to express their views and concerns to the appropriate authorities.
– With respect to staffing of the CCIs, a “wide-awake” supervision staff member must be assigned each night. Female security guards should be provided at CCIs housing girls, and security personnel should be available in reserve for any emergency situation.
– Measures observed by institutions cannot be limited to surveillance by way of CCTVs and security guards, as children are also entitled to their right to privacy and confidentiality. Also at no point can an institution be made to resemble a detention centre or a prison. There is a need for sensitising workers, security guards and other workers on ways to deal with children, especially those approaching maturity and are prone to exhibiting rebelliousness. “Specific teaching should be imparted to individuals that break down gender stereotypes. Cooking, for instance, should be taught to all children as it is an important life skill. “It has been brought to the notice of this court that the children are made to take up menial jobs, such as cooking and cleaning, in the name of chores. This practice requires to be stopped,” the court held.
– The institutions must devise individual plans towards formulating a clear path to respectable living for the children, especially those above 13-14 years where career awareness, vocational training and basic financial literacy should be at its core. “Young adolescent girls, in particular, must be taught the importance of financial independence in breaking the chains of a patriarchal society,” the court held.
The court took note of the apathy in the functioning of the CCIs and their failure in not providing a conducive environment for the children. “It appears that there is a complete lack of direction and initiative amongst the persons manning these institutions as to how they must guide the children towards a better future,” the high court observed.
The court directed the secretary, department of women and child development, and the chairperson, Delhi commission for protection of child rights, to conduct periodic meetings at least once in every three months to monitor the functioning of these institutions in Delhi.
“They shall also ensure periodic inspection of all CCIs in Delhi, which must be conducted at least once in three months. The report of the functioning of every CCI and the Minutes of Meeting conducted by the Secretary – Department of Women and Child Development and the Chairperson – Delhi Commission for Protection of Child Rights, shall be filed in this Court twice a year, i.e. on every 31st July and 31st January of each calendar year,” the court held.
The court directed that all authorities concerned must “without fail” comply with and implement the legislation pertaining to CNCPs.
[ad_2]
Source link