Deepali v. Govt. Of NCT Of Delhi & ORS
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 643/2018 ..... Petitioner Represented by:
Mr. Sanjay Pal, Advocate with petitioner in person.
versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Represented by:
Ms. Kamna Vohra, ASC with SI Suman, PS Karol Bagh.
Mr. Sumer Sethi, Advocate for DSLSA.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 09.04.2018 Inadvertently on the last date the order with the name of the petitioner has been uploaded on the website.
The order dated 9th March, 2018 needs to be changed and will now read as under:- "
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 643/2018 ..... Petitioner Represented by:
Mr. Vinod Diwakar, Advocate.
Petitioner produced from Nirmal Chhaya.
versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Represented by:
Ms. Kamna Vohra, Additional Standing Counsel for State with W/SI Suman, PS Karol
Bagh.
Sister and brother-in-law of petitioner in person.
Ms. Kavita Chaudhary, Care Taker from Nirmal Chhaya.
SHO Sunil Kumar, PS Anand Parbat.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
09.03.2018 1.
'D' has been produced from Children Home, Nirmal Chhaya. This Court has heard 'D' in Chamber. 'D''s mother passed away 12 years ago and her father passed away 9 years ago. 'D' has an elder sister who has been married to 'K' for the last two years and is residing in New Delhi. This petition, on behalf of 'D' has been filed by her sister. 2.
Though not stated in the petition and also not in the status report 'D' has faced sexual violence twice and the two FIRs in this regard bearing FIR Nos. 312/2016 under Section 376 IPC and Section 4 and 6 of Protection of Children from Sexual Offences Act (in short 'POCSO Act') at PS Prasad Nagar, New Delhi and FIR No. 39/2018 under Section 376 IPC and Section 6 of POCSO Act at PS Karol Bagh, New Delhi have been registered. The allegations in FIR No. 39/2018 are against the cousin sister's husband.
3.
This Court interacted with sister of D and her husband who stated that they will be taking adequate care of 'D' who will turn major on 5th April, 2018.
4.
Considering that 'D' is a child in need of care and protection and she has desired that she be given training of beauty culture so that she can become self-reliant, this Court directs DCP (Central) and SHO, PS Anand Parbat to enrol 'D' in the Beauty Culture Programme being run at PS Anand
Parbat under the YUVA programme being organised by Orane so that after successful completion of the programme, 'D' is ensured an appropriate job/employment.
5.
DCP (Central) and District Child Protection Unit Officer (Central District) is directed to monitor the welfare and progress of Ms. 'D'.
6.
Since 'D' is a victim of sexual offences, Member Secretary, DSLSA is directed to grant relief of compensation to her in terms of the Delhi Victims Compensation Scheme, 2015. The Member Secretary, DSLSA will also appoint a counsel through legal aid/support person who will provide necessary assistance to 'D' in both her professional progress as well as to pursue her cases.
7.
Reports by the DCP (Central), District Child Protection Unit Officer (Central District) and Member Secretary, DSLSA be submitted before the next date of hearing. 8.
Superintendent, Nirmal Chhaya is directed to produce 'D' along with this order before CWC, Nirmal Chhaya today itself who will release 'D' to the custody of her sister. 9.
District Child Protection Unit Officer, (Central District) will also ensure that 'D' is admitted into the education either formal or non-formal.
10.
List on 9th April, 2018, when 'D' and her sister will be present in Court.
11.
Copy of the order be given dasti under signatures of the Court Master to learned counsel for the parties Registry is directed to delete the order dated 9th March, 2018 from website and upload the order as it reads now. 'D' is present in Court along with her sister and brother-in-law.
Mr. Vaibhav from Orane International Pvt. Ltd. is present. He states that Orane International Pvt. Ltd. is organising the programme of beauty culture at PS Anand Parbat wherein 'D' has been enrolled pursuant to approval by the National Skill Development Corporation, however, the approval from Beauty & Wellness Sector Skill Council is awaited. Mr. Krishan Kumar Gaur, National Co-ordinator, National Skill Development Corporation will ensure the necessary approvals in this regard. 'D' is now a major and she has expressed her desire to live with her paternal aunt whose husband has recently died so that both can share the company. The paternal aunt of 'D' is residing in the neighbourhood of the petitioner's sister.
'D' is also being given training under communication skill programme held by Sarthi Foundation.
SHO, PS Anand Parbat, Delhi assures that the training to the petitioner both in communication skill as well as beauty culture will be ensured and on successful completion of training would ensure her placement.
Status report has been filed by DSLSA.
Mr. Sumer Sethi, Advocate is present from DSLSA. He states that an interim compensation of ₹50,000/- has already been awarded to 'D' by the District Victim Compensation Committee.
Petitioner states that she will approach her bank and get her passbook updated.
Mr. Sumer Sethi, Advocate further states that legal aid has also been provided to the petitioner and Ms. Ritu Sharma Kaushik, Advocate has been appointed as a lawyer for the petitioner, who is already providing
counselling to the petitioner and is in regular interaction with her. Considering the fact that the petitioner is now a major and her course of action has been streamlined being admitted in a skill development programme and the communication skill programme as well which she is enjoying, no further orders are required to be passed by this Court. Petition is disposed of. Order dasti.
Copy of this order be communicated to Mr. Krishan Kumar Gaur, National Coordinator, PMKVY, National Skill Development Corporation, Third Floor, West Wing, WorldMark-1, Aerocity, Delhi-110037. MUKTA GUPTA, J.
APRIL 09, 2018 'yo'