Delhi High Court
A.K. Asthana vs Union Of India And Anr on 13 July, 2016
Author: Sangita Dhingra Sehgal
Bench: Chief Justice, Sangita Dhingra Sehgal
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 787/2012, CM. APPL. 10657/2013
Date of order : 13 th July, 2016
A.K. ASTHANA ..... Petitioner
Through: Mr. Anant Kumar Asthana, Advocate
versus
UNION OF INDIA & ANR ..... Respondents
Through: Mr. Anil Soni, CGSC for R-1/UOI.
Mr. Aagney Sail, Advocate for NCPC. Ms. Lakshita Sethi, Advocate with Ms. Nisha Bhambhani, Advocate for News Broadcasters Association. Mr.Gautam Narayan, ASC with Ms. Shruthi Parasa, Advocate for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL HON'BLE MS. JUSTICE G. ROHINI (ORAL)
1. This public interest litigation has been taken up suo motu by this Court pursuant to the letter sent by Mr.Anant Asthana drawing the attention of this Court to the issue of disclosure of names and identity of the children in the media reports in violation of Section 21 of Juvenile Justice (Care and Protection of Children) Act, 2000 and seeking directions to the Delhi Government to frame and issue guidelines to regulate media reporting.
2. This Court by order dated 08.02.2012 constituted a committee comprising of Juvenile Justice Board, Union of India, Govt. of NCT of Delhi, NGO working for the welfare of the children, media, Press Council of W. P. (C) 787/2012 Page 1 of 3 India, Child Rights Activists, National Commission for Protection of Child Rights to give suggestions. The guidelines framed by the said Committee for media reporting on children were approved by this Court and by order dated 05.12.2012, implementation of the same with immediate effect was directed.
3. The said committee further proposed guidelines for hospitals and courts, which were also approved and directed to be implemented by this Court by order dated 05.11.2014. By further order dated 25.03.2015, this Court directed all the concerned agencies to ensure the implementation and compliance of the guidelines approved by this Court through publication.
4. On 27.01.2016, it was brought to the notice of this Court that Juvenile Justice (Care and Protection of Children) Act, 2000 has been repealed and Act No. 2 of 2016 has come into force w.e.f. 15.01.2016. It is represented by the learned counsel appearing for National Commission for Protection of Child Rights as well as the learned counsels appearing for Union of India and Govt. of NCT of Delhi that the guidelines proposed by the Committee constituted by this Court have been incorporated in the in Act No.2 of 2016.
5. Therefore, we do not think it is necessary to keep the petition pending any longer. However, it is brought to our notice that in terms of the order of this Court dated 18.12.2013, the Committee constituted by this Court is yet to furnish its report/guidelines with regard to police and lawyers. The learned counsel for the National Commission for Protection of Child Rights (NCPCR) submits that the guidelines in relation to police and the lawyers is under the active consideration and the same would be finalized soon.
6. In view of the above, the writ petition is disposed of with the W. P. (C) 787/2012 Page 2 of 3 following directions :
i) Committee to finalize the guidelines in relation to police and lawyers and submit the same with the concerned Ministry for approval within four months from today.
ii) The concerned Ministry shall make efforts for implementation of the same with wide publicity within two months.
iii) In case, any clarification/direction is required with regard to the issues raised and considered in this petition, the parties are at liberty to file a fresh writ petition.
7. Accordingly, the writ petition is disposed of.
CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JULY 13, 2016 gr W. P. (C) 787/2012 Page 3 of 3