Jeetender Gupta v. Union of India and Ors

SANJEEV NARULA, J. AUGUST 25, 2023

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 25.08.2023 % W.P.(C) 5238/2021 and CM APPL. 16076/2021 JEETENDER GUPTA ..... Petitioner Through: Petitioner in person. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Chetan Sharma, ASG and Mr.Ravi Prakash, CGSC with Mr.Amit Gupta, Mr. Aman Rewaria, Mr. Farman Ali, Mr. Saurabh Tripathi, Mr. Vikramaditya Singh & Mr. Ghanshyam Jha, Advocates for respondent/ UOI. Mr. Anuj Aggarwal, ASC with Ms.Ayushi Bansal, Mr. Yash Upadhyay, Advocates for respondents No.4 & 5/ GNCTD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJEEV NARULA SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The Petitioner has filed the present Public Interest Litigation ("PIL") seeking directions to be issued to the Respondent(s) to (i) safeguard the interests of children who were orphaned during the COVID-19 pandemic ("COVID-19"); and (ii) grant appropriate compensation to the family members of those persons who passed away during COVID-19 on account of denial of access to adequate healthcare facilities. 2. During the pendency of the PIL, this Court vide an order dated February 8, 2023 observed that similar issues were pending consideration before the Hon"ble Supreme Court of India (the "Supreme Court") in writ petition bearing W.P. (C) 554 of 2021; and a suo moto writ petition bearing number W.P. (C) 4 of 2020 titled "In Re: Contagion Of Covid 19 Virus In Children Protection Homes". 3. The Supreme Court in W.P. (C) 4 of 2020vide an order dated April 3, 2020 formulated certain guidelines in relation to children in conflict with law and / or children housed in various foster/kinship homes who needed care and attention. The guidelines were issued to inter alia Child Welfare Committees ("CWCs"); Juvenile Justice Boards ("JJBs"); State Governments; and Child Care Institutions ("CCIs"). The Juvenile Justice Committee of every High Court ("JJCs") was directed to ensure compliance and regular monitoring of the directions issued by the Supreme Court in letter and spirit. 4. Thereafter vide an order dated June 11, 2020the Supreme Court circulated a questionnaire in relation to the care and protection of children in conflict with the law; and directed JJCs to ensure that the relevant information is supplied by the various State Government(s). Vide an order dated July 15, 2020 the Supreme Court issued further general directions in relation to (i) education of children in CCIs; (ii) contact with children released from CCIs; (iii) review of cases of children in CCIs; (iv) examination by CWCs vis-à-vis institutionalisation / re-admission in view of Section 3 (xiii) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (the "JJ Act"); and (v) other COVID-19 related measures. Pertinently in relation to NCT of Delhi, the Supreme Court requisitioned information in relation to educational arrangements made to meet the needs of children in CCIs from the Government of NCT of Delhi. 5. On January 21, 2021 certain additional guidelines came to be introduced by the Supreme Court in relation to education of children in CCIs; and education of children handed over to their parents, guardian and foster care. Moreover, the Supreme Court also directed the State Government(s) to provide the necessary infrastructure for the children in addition to the requisite number of tutors. On June 7, 2021 the Supreme Court observed that affected children should not face a situation of discontinuance of their education. In this regard, the State Governments were directed to also issue necessary instructions to private educational institutions to provide affected children with a 6 (six) month grace period. The Supreme Court took note that although various welfare measures were available to such children, the last mile penetration was not satisfactory. In this context, the Supreme Court issued 9 (nine) pointed directions to various stakeholders in relation to the monitoring and implementation of welfare measures provided