Record statements of children rescued from labour via video conferencing: Plea in Delhi HC

Citing a recent incident, advocate Kaur told the court that it had recently carried out a raid with the authorities and rescued several children from child labour.

The Delhi High Court on Monday sought the response of the Delhi government and city police on a plea that said statements of child witnesses lodged at child welfare centres should be recorded through video conferencing and not physically in court.

The plea said the children had already been taken to the court complex twice and the IO said he would again take them there to record their statements. (File photo: Mint)

A bench of Chief Justice DN Patel and Justice Prateek Jalan issued notice to the authorities, seeking to know their stand on a plea filed by NGO Bachpan Bachao Andolan through its counsel Prabhasahay Kaur. The plea also sought testing of these children at the child care institutions or homes where they are lodged, or at the office of the sub-divisional magistrate (SDM), instead of transporting them to government hospitals for the purpose.

Citing a recent incident, advocate Kaur told the court that it had recently carried out a raid with the authorities and rescued several children from child labour. Thereafter, the Child Welfare Committee (CWC) directed the police to record the children’s statements before a magistrate in accordance with section 164 of the Code of Criminal Procedure (CrPC).

She said both the CWC and the investigating officer (IO) of the case were “irrationally” insisting that the children be physically taken to the Karkardooma Court to record their statements, despite concerns related to Covid-19 raised by officials of a home run by the NGO, Mukti Ashram.

The plea said the children had already been taken to the court complex twice and the IO said he would again take them there to record their statements.

Appearing for the Delhi government, its counsel Sameer Vashist, told the court that the children would not be taken to the court. However, since the statements have an evidentiary purpose, the magistrate can go at the CWC and record the statements. He said the physical presence was required to console and counsel the kids.

Following brief arguments, the court asked the authorities to file their replies and posted the matter for further hearing on July 28.