Civil Procedure Code (CPC)

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BACKGROUND OF THE CASE

  • A PIL was filed seeking issuance of directions to the Centre and the Delhi Government for safeguarding the interests of the children who lost their parents due to COVID 19 and who do not have anyone to take care of them.
  • The Ministry filed an affidavit responding to the PIL.

WHAT DOES THE PLEA STATE

  • It claimed that the children who lost their parents due to COVID 19 are facing a high risk of being trafficked.
  • Relatives or child care homes must be granted the interim custody for such children.
  • After duly scrutinizing they can look for options for legal adoption, for those who want to adopt such children.
  • It further states that the plea was being moved to Delhi High Court, taking into account the urgency of the situation and looking at the complete collapse of health care infrastructure in national capital.
  • This is leading to loss of hundreds of lives on a daily basis.
  • It also claimed that the respondents did not perform their statutory duty towards the protection of life and personal liberty of the public.
  • It has sought financial compensation for the family members of those citizens who lost their lives after being denied access to adequate health care with respect to hospital admission, oxygen cylinders, injections, medications, etc.

WHAT DOES THE AFFIDAVIT STATE

  • The Ministry informed the Court that it has published an advisory on its website communicating the said issue.
  • It has also made efforts for awareness generation on various social media platforms.
  • The Centre also informed that the States have been requested to issue public notice in the local languages for the better understanding of the public in the lawful course of action to be taken in such matter.
  • An ad hoc grant was also released by the Ministry, under Child Protection Services, for the current financial year.
  • It will obviate any resource crunch while taking necessary measures, keeping in mind the best interest of children.
  • The affidavit states that a total of 2,78,79,715 children from the home ration that has been distributed from the age group of 6 months to 3 years during 1st March to 24th May 2021.
  • Thus, the petition being standing devoid of merits must be dismissed.
  • The Centre responded and stated that the Ministry of Women and Child Development is constantly reviewing the situation for those children who have been orphaned due to the Covid-19 pandemic, and is conducting various meeting with States in the past six months.

What do you think about this case?

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Nirali Nayak Online
21 July 2021    7  Report



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