Delhi High Court - Orders
Rakesh Malhotra vs Government Of National Capital ... on 3 June, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Jasmeet Singh
$~ 2, 3 & 8-12.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3031/2020 & C.M. Nos. 15227-29/2021, 15358-363/2021,
15481-482/2021, 15652-653/2021, 15845/2021, 15869/2021, 15962-
963/2021 & 16081-85/ 2021
RAKESH MALHOTRA ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF INDIA AND ORS ..... Respondents
+ W.P.(C) 5050/2021 & C.M. Nos. 15464-66/2021 & 15694/2021
BHAVREEN KANDHARI ..... Petitioner
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
+ W.P.(C) 5256/2021 & C.M. Nos.16155-56/2021
MANISHA CHAUHAN ..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents
+ W.P.(C) 5593/2021 & C.M. Nos. 17436-37/2021
MANVI SHARMA ..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
+ W.P.(C) 5594/2021 & C.M. No. 17440/2021
ADHISHREE BELSARE & ANR. ..... Petitioners
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
+ W.P.(C) 5100/2021 and C.M. No. 15623/2021
MANISHA GUPTA ..... Petitioner
versus
GOVT. OF N.C.T OF DELHI & ANR. ..... Respondents
Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 1 of 16
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:03.06.2021 23:30
+ W.P.(C) 5241/2021
SH. MANJIT SINGH ..... Petitioner
versus
GOVT. OF N.C.T OF DELHI ..... Respondent
MEMO OF APPEARANCE
For Petitioners:
Petitioner in person in W.P.(C) 3031/2020
Mr. Sanjeev Sagar and Ms.Nazia Parveen, Advocates in W.P.(C) 5256/2021.
Mr. Krishnan Venugopal, Senior Advocate with Mr. Manan Verma,
Mr.Aditya N Prasad, Mr. Kaushik Mishra & Ms. Anmol Srivastava, Mr.
Piyush Sharma, Mr. Shivendra Singh, Advocates in W.P.C No. 5050/2021.
Mr. Sacchin Puri, Senior Advocate with Mr. Praveen K. Sharma and
Mr.Dhananjay Grover, Advocates in W.P.(C) Nos. 5100/2021
Ms. Karuna Nundy, Mr. Sarthak Maggon & Ms. Upasana, Advocates in
W.P.(C.) No. 5102/2021.
Mr. Vivek Sood, Senior Advocate with Mr. Anish Chawla, Advocate in
W.P.(C) No. 5241/2021
For Respondents:
Mr. Tushar Mehta, SGI, Mr. Chetan Sharma, ASG, Ms. Aishwarya Bhati,
ASG along with Ms. Monika Arora, Mr. Amit Mahajan, Mr. Anil Soni &
Mr. Kirtiman Singh, CGSCs, Mr. Syed Husain Adil Taqvi, GP, Mr. Jivesh
Kr. Tiwari, Ms. Nidhi Parashar, Mr. Kanu Aggarwal, Mr. Kritagya Kumar
Kait, Mr.Shriram Tiwary, Mr. Amit Gupta, Mr. Akshay Gadeock, Mr. Sahaj
Garg & Mr. Vinay Yadav, Mr. Vidur Mohan, Mr. Waize Ali Noor and Mr.
Taha Yasin, Advocates for UNION OF INDIA in all the matters.
Mr. Anurag Ahluwalia, CGSC with Mr. Abhigyan Siddhant & Mr. Nitnem
Singh, Advocates for respondent/ UOI/ MOHFW/ ICMR.
Mr. Rahul Mehra, Senior Advocate along with Mr. Satyakam, Mr. Santosh
Tripathi, SC Mr. Gautam Narayan, Mr. Anuj Aggarwal & Mr. Anupam
Srivastava, ASCs with Mr. Aditya P. Khanna, Ms. Dacchita Sahni, Ms.
Ritika Vohra and Mr. Chaitanya Gosain, Ms. Aayushi Bansal, Advocates for
GNCTD in all the matters.
Mr. Rajshekhar Rao, Senior Advocate (Amicus Curiae), Mr. Anandh
Venkataramani, Mr. Vinayak Mehrotra, Ms. Mansi Sood, Mr. Karthik
Sundar, Ms. Sonal Sarda, Mr. Areeb Y Amanullah, Advocates in all the
Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 2 of 16
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:03.06.2021 23:30
matters.
Mr. Anil Grover, Senior Additional Advocate General for Haryana along
with Ms.Bansuri Swaraj, Additional Advocate General for Haryana and Mr.
Siddhesh Kotwal, Ms. Manya Hasija & Ms. Ana Upadhyay, Advocates.
Mr. Divya Prakash Pande, Advocate for respondent/ North Delhi Municipal
Corporation & South Delhi Municipal Corporation.
Mr. Tushar Sannu, Standing Counsel, IHBAS and EDMC with Mr. Ankit
Bhadouriya and Mr.Subham Jain, Advocates
Ms. Sakshi Popli, Additional Standing Counsel for NDMC.
Ms. Malvika Trivedi, Senior Advocate with Mr. Tanmay Yadav,
Ms.Abhisree Saujanya, Ms. Nihaarika Jauhari, Ms. Eysha Marysha,
Ms.Vidhi Jain, Advocates along with Ms. Kritika Gupta, applicant in person.
Ms. Garima Prashad, Senior Advocate with Mr. Abhinav Agrawal,
Advocate for respondent in W.P.(C.) No. 3031/2020.
Mr. Ankur Mahindro & Ms. Sanjoli Mehrotra, Advocates for intervener.
Mr. Om Prakash & Mr. Pradeep Kumar Tripathi, Advocates for the
applicant in C.M. No. 15651/2021.
Ms. Himanshi Nailwal with Mr. Ambuj Tiwari, Mr. Ankur Garg, Mr. Akhil
Mitta, Advocates in C.M. No. 15922/21
Ms. Nitya Ramakrishnan, Sr. Adv. with Mr. Prasanna S, Ms. Vinoothna
Vinjam and Mr. Ritesh D, Advocates in C.M. No. 15962/2021.
Mr. Anand Grover, Senior Advocate with Mr. Talha Abdul Rahman, Mr. M.
Shaz Khan & Mr. Irshaan Kakkar, Advocates for the intervenors in W.P.(C)
5050/2021.
Mr. Rizwan, Advocate for the petitioner in W.P.(C) 5593/2021.
Mr. K.K. Singh, Advocate for the petitioner in W.P.(C) 5594/2021.
Mr. Aseem Chaturvedi & Mr. Ajay Bhargav, Advocates for M/s INOX.
Mr. Abhinav Tyagi, Advocate for M/s Seth Air Products.
Mr. Rohit Priya Ranjan, Advocate for M/s Goyal Gases.
Ms. Shweta Kabra, Advocate for M/s India Glycols Limited.
Ms. Prabhsahay Kaur, Advocate for Bachpan Bachao Andolan.
Mr. Abhishek Nanda, Advocate for IRDAI.
Ms. Urvi Mohan, Advocate for DBOCWW Board.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 3 of 16
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:03.06.2021 23:30
ORDER
% 03.06.2021
1. In response to the notices issued to the alleged contemnors, the contemnors - whose presence is taken note of hereinbelow, are present with, or without their respective counsels.
FIR No. Represented by:
219/2021 Mr. Arun Khatri and Mr. Nikhil Malhotra, Advocates for
accused Aakash Jain.
106/2021 Mr. Raj Kumar, Advocate for accused Norbutaev Sulaymon.
191/2021 Mr. Kaushal Thakur, Advocate for accused Kuldeep.
Mr. Amzad Khan, Advocate alongwith accused Sameer Malik.
Accused Rahul, Central Jail No. 15, Mandoli in person. 254/2021 Mr. Nitin Ahlawat and Mr. Kshitiz Ahlawat, Advocates. 108/2021 Mr. Aayush Khetarpal, Advocate for accused Inderdutt Kaushik @ Ishu.
197/2021 Mr. Sunil Choudhary, Advocate for Vinay Agarwal and Akash Vashist, accused.
194/2021 Mr. Pardeep Dahiya, Advocate for accused Sudhir Gahlot. 85/2021 Mr. Anil Kumar, Advocate alongwith accused Kanishk Choudhary.
Mr. Sanjay Kumar, Advocate alongwith accused Ankit Jatan. 387/2021 Ms. Kaveri Verma, Advocate for accused Vipul.
SI Kuldeep Spl. Stf. NWD., PS Maurya Enclave.
116/2021 Mr. Samudra Sarangi, Ms. Shruti Raina, Ms. Srishti Khare, Ms. Nishtha Agarwal, Ms. Abhilasha Khanna and Ms. Moha Poranjpe, Advocates for accused Gaurav Suri, Gaurav Khanna, Satish Sethi and Vikrant.
Mr. Akshay Chandra and Mr. Samarth Goel, Advocates alongwith accused Navneet Kalra and Hitesh Kumar in person.
Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 4 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30218/2021 Mr. Ravi Ranjan, Advocate for accused Manish Maheshwari. 152/2021 Ms. Mansi Khurana, Advocate for accused Chirag Jain.
Ms. Kiran Sharma, Advocate alongwith accused Jitesh Arora. 208/2021 Mr. Jatinder Marwah, Advocate for accused Hemant Mehta and Om Prakash Sharma.
163/2021 Accused Vijay Sharma in person from Central Jail No.3, Tihar. 260/2021 Accused Deepak in person from Central Jail No.3, Tihar. 285/2021 Mr. Raghvendra Pratap Pandey, Advocate for Mohd. Irfan.
SI Vijay Pal Dahiya, SHO Badarpur.
389/2021 ASI Kirpal Singh, STF/SED, PS Okhla Industrial Area South East District alongwith accused Varun Sahani.
312/2021 Mr. Sudhir Naagar, Advocate for accused Naveen and Govind. 225/2021 Mr. Anoj Kumar Singh, Advocate for accused Bhanu Pratap. 370/2021 Mr. Rameezuddin Raja, Advocate for accused Mohit Bansal.
Mr. Dharmender Basoya, Advocate for accused Jitender Sharma.
SI Ravi Kumar, PS Jahangirpuri.
66/2021 Mr. Ankur Gupta and Mr. B. Khan, Advocates alongwith accused in person.
394/2021 Accused Lovee Narula in person.
199/2021 Mr. Rajinder Singh and Ms. Taniya Raheja, Advocates for
accused Avinash Gupta.
211/2021 Mr. Rishi Manchanda, Mr. Arun Kumar and Mr. Siddharth
Mullick, Advocates for accused Bharat Aggarwal, Ishant Gossain and Ranbir Singh 209/2021 Accused Neeraj Gupta and Chaman Gupta from Central Jail No. 15, Mandoli in person.
201/2021 Accused Salman from Central Jail No. 15, Mandoli in person. 334/2021 Advocate Pratap Singh and Mr. Arun Yadav, Advocates for accused Daljeet and Taranjeet.
SI Ravi Kumar, PS Kalkaji in person.
166/2021 SI Shailendra Tiwari, PS Seelampur alongwith accused Shadab Bhatti.
306/2021 Mr. Girish Gupta, Advocate for accused Yashpal Dabas.
Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 5 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30SI Manu Dev, PS Kalkaji.
371/2021 Advocate Sameer for accused Kuldeep Chawla. 161/2021 Mr. Nazim Husain Qureshi, Advocate alongwith accused Muqueem and Saeed.
122/2021 Accused Rahul in person.
2. All of them have been informed that the basis for initiation of these suo moto contempt proceedings is firstly, the order dated 02.05.2021 passed by us in the aforesaid writ petition, and the cases registered against each one of them by Delhi Police under the Indian Penal Code (IPC) and the Epidemic Diseases Act and/ or the Essential Commodities Act and the Disaster Management Act. All of them are granted four weeks time to file their respective replies. List the matter before the Joint Registrar for the purpose of receiving all the replies.
3. The translated copies of all the FIRs in question - which form the basis of these contempt proceedings, have been filed.
4. It has been represented before us by several counsels that they (accused) have been unfairly booked. We make it clear that we have not examined any specific FIR of any case and we are, therefore, in no position to pass any judgment in this regard.
5. Mr. Satyakam, on instructions, states that in case it is found that no case is made out against any of the accused, the State shall, without waiting for any further development, on its own, move cancellation applications.
6. We make it clear that the contempt proceedings initiated by us would not, in any way, affect the criminal proceedings initiated on account of Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 6 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 alleged hoarding, or black-marketing of any drug being used for Covid-19 treatment, one way, or another. Similarly, the criminal proceedings would not affect these contempt proceedings. We also make it clear that initiation of these proceedings should not be used as a reason for adjournment of any proceedings before any Court, and whichever Court is dealing with the cases should independently proceed therein, without being influenced by the pendency of these proceedings.
7. List before the Joint Registrar on 12.07.2020. The GNCTD has filed a tabulation of the FIRs registered; the accused in these FIRs; the mode of their service, and; whether they are in custody or on bail. The Joint Registrar shall, after examination of the same, take steps to complete service on the contemnors not yet served. A report shall also be sent of the contemnors who have neither appeared, not filed their replies to the notice, for initiation of coercive action against them.
8. Ms. Prabhsahay Kaur has placed before the Court documents on behalf of the Bachpan Bachao Aandolan (BBA). She has taken us through a note prepared by her dealing with the statutory framework created for protection of interests of children under the Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act), and the various responsibilities cast upon the statutory bodies such as the Child Welfare Committee (CWC) under Section 29 of the said Act. She has also drawn our attention to Section 106, which casts duties on the State Child Protection Society (SCPS) and the District Child Protection Units (DCPU); and Section 107 which envisages appointment of Child Welfare Police Officer (CWPO) and Special Juvenile Police Units (SJPU) to discharge the responsibilities Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 7 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 enumerated in these provisions. She has also drawn our attention to Section 105 which deals with Juvenile Justice Fund, and highlighted the purpose for which the said fund may be utilised.
9. Ms. Kaur is particularly concerned and has highlighted that despite the JJ Act having been enacted in the year 2015, till date the provisions regarding foster care of children in need of care and protection have not been put into actual play, because the requisite guidelines have not been framed and no steps have been taken to identify foster homes for children in need of care and protection. She submits that in the wake of the ongoing Pandemic, hundreds of children have been orphaned. The need to develop a system of foster care is even greater, since there are many families who have lost their children and they would be willing to take care of the orphaned children. Similarly, there are many others who may wish to sponsor foster care for children, but on account of lack of action taken in terms of Section 45, there is no mechanism to sponsor foster care for children in need of care and protection. Other provisions relating to sponsorship have been adverted to, which too have not been made operational. In the same way, she has also drawn our attention to Section 52 which obliges the State Authorities, namely the Board and the Committee to recognise fit persons to temporarily receive a child for protection and treatment for a specified period.
10. We are dismayed that even though the JJ Act was enacted in the year 2015, and the GNCTD has a full-fledged department with the mandate to enforce provisions of the said Act, little progress appears to have been made on the aspects highlighted by Ms. Kaur. It appears that only after this Court has turned its focus on these aspects, there has been some feverish activity Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 8 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 undertaken, as if the concerned department of the GNCTD has now woken up to the reality.
11. Mr. Mehra has given an assurance to the Court that the steps that the State is undertaking - as disclosed in their status report, would culminate into actual action on the ground and the timelines set out in the status report would be met. We bind the GNCTD to its status report, and direct it to ensure that whatever timelines are set out therein, are met. We fix the responsibility for compliance of the provisions of the JJ Act in all its facets, on the respective Secretaries of the Department of Women and Child Development, and the Social Welfare Department. The only reason why, at this stage, we are not getting into the aspect of failure of the GNCTD to implement the statutory schemes provided for in the JJ Act, is that we wish to look forward and give another opportunity to the GNCTD to cover the ground and make amends, even at this stage. We make it clear that in case, we find on the next date that the statutory schemes under the JJ Act are not implemented on the ground, we shall proceed to deal with failure of the GNCTD in not implementing the provisions of the Act, and the consequences shall follow for those responsible for such failures.
12. Ms. Prabhsahay Kaur - who appears for the BBA, has exhibited exemplary zeal to work in this field. We direct the concerned Secretaries in the Department of Women and Child Development, and the Social Welfare Department to take her guidance, whenever considered necessary, and Ms.Prabhsahay Kaur has offered to render possible assistance as is required of her in the matter of implementation of the provisions of the several schemes under the Act.
Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 9 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:3013. Ms. Prabhsahay Kaur has next submitted that so far as the street children are concerned, there is no plan in place to take care of such children in need of care and protection on account of Covid-19. She submits that there are open shelters available for street children - where they could use the toilets, have food, and stay for the purpose of night shelter. However, basic facilities - such as provision of Masks; Sanitisers; primary medical care and check-up - such as measurement of temperature, oxygen saturation levels and provision of basic medication such as paracetamol, are not provided to children who may visit the open shelters.
14. Mr. Mehra has drawn our attention to the status report filed today by the GNCTD which discloses that there are nine open shelters in different districts of NCT of Delhi which have sanctioned strength/ capacity of 25 children each and the number of children who have availed of the said facility, as on 02.06.2021, is also indicated which is far less than the sanctioned strength/ capacity. He submits that the concerned Department has scheduled a meeting to be held on 05.06.2021 at 11:00 a.m. where details of proposed augmentation for providing facilities to children for Covid care would be discussed and finalised with clear delineation of Rules and Regulations. We are hopeful that basic Covid-care facilities would be made available to street children, and they would also be taken care of, if the need for their hospitalisation arises.
15. Ms. Kaur submits that the status report does not indicate that any timelines would also be fixed for implementation. Mr. Mehra, on instructions, assures the Court that whatever proposals are approved in respect of the proposed campaign, timelines would be fixed and would be Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 10 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 met. The next status report that the State shall file should indicate further development in this regard.
16. On the aspect of public announcements to be made by the MCDs/ NDMC/ DCB on its Garbage Trucks - which have deep reach and penetration into localities, Mr. Mehra submits that a request has been sent to all the three Municipal Corporations, the New Delhi Municipal Council as well as to the Delhi Cantonment Board to disseminate information with regard to the Helpline Numbers through the loudspeaker systems on the Garbage Collection Vans, along with the publicity material. Learned counsels representing the three Municipal Corporations, as well as the New Delhi Municipal Council, are present. Mr.Tushar Sannu, who appears on behalf of the EDMC, also puts in appearance on behalf of the Delhi Cantonment Board, and all the counsels have assured us, upon instructions, that publicity campaign shall be undertaken without any delay.
17. The next aspect urged by Ms. Kaur is with regard to making facilities available for treatment of Covid Positive children with special needs. Since she submitted that IHBAS could play a role in this regard, Mr. Sannu, learned counsel for the IHBAS has called upon Dr. Nimesh G. Desai, Director, IHBAS to join the proceedings and he has come forward and joined the proceedings. We have interacted with him and he has disclosed that IHBAS has eight Isolation Beds and eight Covid Care Beds presently available where person with special needs, including children, suffering from Covid related diseases can be accommodated. He submits that the admission to the facility is undertaken after examination of the persons in the OPD. He submits that the said facility can be expanded, in case the Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 11 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 number rises. He states that children are generally referred for admission by the Child Welfare Committee, or the Juvenile Justice Board, but children with special needs could also be brought directly by the parents, and upon their examination, IHBAS could decide whether the child should be admitted to its facility.
18. Dr. Desai has also submitted that, in these times than ever before, it is essential to provide mental health care to children who may have undergone distress due to loss in the family, at their doorstep. In this regard, he submits that the IHBAS has two Mobile Mental Health Units (MMHU) and the same is now being expanded to one MMHU per district, for which necessary permissions have been granted by the GNCTD and the Hon'ble Lieutenant Governor. He has explained that each such MMHU would have a Patient Transport Ambulance, with a team consisting of one Medical Officer, one Counsellor, one Staff Nurse, one Nursing Orderly and a Driver. In our view, such a facility would greatly aid in providing children with mental health care needs the requisite mental health care at their doorsteps and we hope and expect that the same would be made operational at the earliest, and preferably in the next fifteen days. The next status report should also indicate the position with regard to implementation of the same.
19. The other important aspect pointed out by Ms. Kaur is that there is complete lack of information with regard to the number of children, and identity of the children, who have been orphaned in the ongoing Pandemic. She submits that the Delhi Commission for Protection of Child Rights (DCPCR) has reported that there are 1436 children in the NCT of Delhi who have lost one, or both, parents. On the other hand, all the CWCs in the NCT Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 12 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 of Delhi, put together, have information only with regard to fifteen children who have been orphaned.
20. Dr. Rashmi Singh submits that the point of time when these numbers were compiled may not be the same. She further submits that there are difficulties faced in collection of information, as some relatives of the orphaned children are not willing to provide information and are not agreeable to the same being gathered for any purpose.
21. In our view, just like registration of Deaths & Births is compulsory, it is necessary for the State to gather the said information which, in any event, is required to be kept confidential under Section 74 of the JJ Act. Mr. Mehra has submitted, and we agree with him, that the relatives of the orphaned children may need some counselling and their fears may need to be allayed with regard to the purpose for which the information would be gathered. He submits that the GNCTD is in the process of formulating its policy for grant of benefits to children who have lost one, or both of their parents, and collection of information with regard to the orphaned children who have lost one or both of their parents, is necessary from that point of view as well.
22. Ms. Kaur has submitted that the information with regard to the children who have lost one, or both of their parents, should be gathered from the Resident Welfare Associations (RWAs), Schools, Police Stations, Hospitals and the Revenue Department. We direct the concerned Departments of the GNCTD to call and gather information from the Resident Welfare Associations (RWAs), Schools, Police Stations, Hospitals Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 13 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 and the Revenue Department of the GNCTD with regard to the demise of parents who have minor children, and in respect of whom they have information.
23. At this stage, Ms. Kaur has also drawn our attention to the news article published in the Times of India on 06.05.2021 which reports that the Ministry of Women and Child Development has reached out to the Ministry of Health & Family Welfare in the backdrop of reports regarding children being orphaned due to loss of parents due to Covid-19 Pandemic. The Women & Child Development has suggested that a column may be added to the hospital admission form, seeking details of the trustworthy persons to whom children should be handed over, in case of any unforeseen circumstances. This letter was written in the light of the reports regarding children losing parents and there being no one to take care of them immediately. The article notes that loss of one, or both of the parents, is a circumstance which not only causes damage to the children, which would be emotional and psychological, but also puts them in a vulnerable situation which could be manipulated to their disadvantage.
24. Ms. Parashar has taken instructions and she states that the communication dated 08.05.2021 was issued by the Ministry of Health & Family Welfare to all the States and the Union Territories. The same be brought on record and be shared with Mr. Satyakam, the learned Amicus Curiae and Ms. Kaur.
25. Mr. Mehra submits that keeping in view the laudable object sought to be achieved by the said suggestion, the GNCTD shall itself issue necessary Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 14 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 directions to all the Hospitals in the NCT of Delhi. We direct the Principal Secretary (Health), GNCTD to issue appropriate directions in this regard to all the Hospitals requiring them to collect information on the admission form at the time of admission of the patients with regard to their minor children and the persons to whom he/ she/ they may be handed over, in the eventuality of parents not surviving. In the unfortunate eventuality of neither of the parents surviving, the hospital should be required to furnish information with regard to the demise of parents under their treatment, whose minor children have been orphaned, to the Department of Women & Child Development, without any delay, preferably within a day of the occurrence of the demise with aforesaid information collected by the hospital. The Department of Women & Child Development should forward the information for action to the CWC concerned, without any delay.
26. We also direct the GNCTD to utilise its large workforce of Anganwadi Workers - who are stated to be 10775 in number, to collect information with regard to the orphaned minor children who have lost one, or both of the parents in the NCT of Delhi, and to provide the information to the concerned CWC. Once the information is gathered with regard to the orphaned children, the CWC concerned should take all measures - as required by them under the Juvenile Justice Act, without waiting for any further directions from the Court.
27. Mr. Venugopal submits that with his efforts and with the efforts of his friends, he has been able to identify a couple of sources from where the drug Liposomal Amphotericin B can be sourced in substantial quantities from places in United States of America, UAE, and a manufacturer in Japan. He Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 15 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30 submits that there are, however, issues with regard to the import of the said drug from Overseas into India, on account of export restrictions imposed by the patent holder Gilead. Let Mr. Venugopal prepare a note on the information which he has gathered after due verification, and share the same with Mr.Kirtiman Singh. Mr. Kirtiman Singh has stated that he shall forward the information provided by Mr. Venugopal to the Ministry of Health & Family Welfare as well as to the Ministry of External Affairs, and in case, any imports could be made of the said medicine from any such sources, the Government of India as well as the concerned Indian Embassies/ High Commissions abroad shall import the drug, or render assistance in that regard to the person interested in the import.
28. List on 04.06.2021.
VIPIN SANGHI, J JASMEET SINGH, J JUNE 03, 2021 B.S. Rohella/ K.D. Signature Not Verified W.P.(C) 3031/2020 & connected matters Page 16 of 16 Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2021 23:30