Dev Narayan Nagar vs The State Of Madhya Pradesh on 21 August, 2024

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Madhya Pradesh High Court

Dev Narayan Nagar vs The State Of Madhya Pradesh on 21 August, 2024

2. Vide earlier order dated 09.08.2024, learned Government Advocate Ms. Anjali Gyanani was directed to interact with the corpus and advised her to take steps in order to secure a better future in life. Dr. Gyanani was further directed to submit in writing her report before this Court.

3. Report dated 12.08.2024 is taken on record and in pursuance thereof, Dr. Gyanani, submitted before this Court with the input that parents of corpus belong to Kanjar community and her father used to compel her to participate in dance programs/dance in marriage ceremonies where she was subjected to misbehavior repeatedly. Therefore, she does not want to live with her parents. However, she wants to stand on her own. Petitioner himself is a married person and has not taken divorce as per law, therefore, corpus cannot be handed over to the petitioner unless he takes decree of divorce as per law. Else, prospects of corpus would be prejudiced if she is sent with petitioner. Corpus is produced by Mr. Rudra Pathak- Sub-Inspector and Ms. Neha Jaat-Woman Police Constable No.42 from Police Station Kampoo, Gwalior therefore, Ms. Neha Jaat is appointed as Shaurya Didi for corpus Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 8/22/2024 11:58:12 AM 2 WP-20990-2024 and she would interact with corpus regularly so that she may act as friend, philosopher, and guide i.e. Shaurya Didi. Ms. Neha Jaat may also take input from Senior Police Officers and/or from the Women and Child Development Department and specially from those Female Police Officers who underwent training of Shaurya Didi recently in June 2024 at the National Forensic Science University Gandhinagar. This way she may give counseling to corpus and act as her mentor. The concept of Shaurya Didi has been discussed in detail in W.P.No. 19837 of 2024 vide order dated 25.07.2024. Relevant discussion about Shaurya Didi is reproduced for ready reference. :-

"6. Who will do this mentoring or guidance, is the question. Sometimes parents are illiterate. Sometimes they are busy in earning both the meals for the day and sometimes they are so shocked with the incident that they cannot handle such situation. Then, girl faces the wrath of adverse time.

7. Either parents force her to close her studies or try to marry her and shift the responsibility. Sometimes they reprimand or scold the child in such fashion that child again leaves the home and falls into the trap of perpetrators waiting for such eventuality.

8. One more aspect deserves attention is Stockholm Syndrome. In such mental situation, out of fear or anxiety or mental disposition, she falls in love with her own perpetrator or empathizes with him and surrenders herself to him. Even a Child in Need of Care and Protection may also undergo any one of such eventualities, therefore, it appears that parents sometimes are Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 8/22/2024 11:58:12 AM

3 WP-20990-2024 inadequately equipped to handle such situation as well as the child.

9. Then another question arises is if not parents, then who can take the responsibility. In this condition, it appears that Society/State have to come 2 WP-19837-2024 forward for such purpose. According to this Court, Shaurya Didi is one such concept which if implemented effectively, then it can bring change in the lives of many. Shaurya Didi would be a female Sub- Inspector or Constable or she may be a fit person as per Juvenile Justice Act or may be a female staff of Women and Child Development Department living in the vicinity of child/victim. They can mentor, guide and encourage the victim to come into main stream and to encourage her to engage in creative pursuits. This way child would be encouraged to study or to engage in vocational course so as to stand on her own in future. Later on, she herself may become a good volunteer as Shaurya Didi to perform this pious work.

10. This is a concept which requires evolution by the policy makers to address the plight of victims of sexual offences as well as Child in Need of Care and Protection and at times for Child in Conflict with Law also. Concerned departments may think over framing Statutes/Rules/Guidelines in detail in this regard."

5. Considering and applying the said concept in the present fact situation, it appears that corpus who happens to be a girl at the cusp of Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 8/22/2024 11:58:12 AM 4 WP-20990-2024 attaining majority is in fact a child in need of care and protection. Therefore, one Shurya Didi as her mentor is required to be appointed. Therefore, Ms. Neha Jaat has been appointed as her Shaurya Didi and she may take assistance from Women Child and Development Department also.

6. Till next date of hearing, corpus is confined to Swadhar Grah Akhil Bhartiya Samajik Swasthya Sangh, Kampoo, District Gwalior, Grah/respondent No.6. Ms. Neha Jaat will meet her there regularly.

7. However, counsel for the respondents/State raised the doubt about the age of corpus therefore, learned Government Advocate is directed to coordinate with District Medical Board, Gwalior, and the concerned Women and Child Development Authority as well as respondent No.6 so that ossification test of the corpus may be carried out for determination of her tentative age.

8. Needful be done within 10 days.

9. Services of a psychoanalyst / Phycatrist may also be availed of if the concerned authority comes to the conclusion about the same.

10. List the case on 28.08.2024. Corpus be produced on next date of hearing.

                                    (ANAND PATHAK)                                   (ANIL VERMA)
                                        JUDGE                                           JUDGE


                          Ashish*




Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 8/22/2024
11:58:12 AM

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Madhya Pradesh High Court