BACHPAN BACHAO ANDOLAN Vs. GNCTD AND ORS

JUDGEMENT

(1.) This public interest litigation has been preferred with the following prayers:-

(2.) At the outset, Ms. Prabhsahay Kaur, learned counsel appearing for the petitioner sought permission to withdraw the prayer seeking directions upon respondents No.2 and 5 to add Section 370/374 in FIR No.0278 dated 10th July, 2020 registered at PS Gandhi Nagar in accordance with the SDM's order dated 9th July, 2020 is concerned, with liberty to the petitioner to avail such other remedies as available to it in law. The permission sought is granted.

(3.) The petitioner has established a Child Care Institution, under the provisions of the Juvenile Justice (Care and Protection of Children) Act , 2015, named Mukti Ashram. The circumstances which have led to the filing of the present petition arise out of a rescue operation carried out in July, 2020, wherein ten minors who were working as child labour were rescued and brought to Mukti Ashram. The contention of the petitioner is that the children were compelled to leave Mukti Ashram and physically attend the Court of the Metropolitan Magistrate for recording of their statements under Section 164 of the Code of Criminal Procedure, 1973 ("the Code"), and for giving samples for Covid-19 testing. The contention of the petitioner is that, in the present circumstances of the Covid-19 pandemic, the respondents are required to lay down procedures for recording of the children's statements and their medical testing, which does not require them to leave the institution, or at least, to attend at crowded public places.