SUCCESS STORY

“A” MINOR
WHO WAS VICTIM OF CIRCUMSTANCES

IN THE year 2012 A FIR bearing no. 16/2012 U/s. 302 IPC, PS. Fatehpur Beri, after a long trial an order of sentence dated 10.10.2017 was passed by Hon’ble Ms. Sunena Sharma, LD. ASJ, South, Saket Court, New Delhi and while passing the sentence LD. ASJ noted the details of dependent of convict and the court came to know that “A” minor girl is dependent who was left alone on the mercy of other relatives. Then Ms. Sunena Sharma recommended the matter to DLSA (South) for compensation, the matter is treated as one pertaining to final compensation.
Immediately after receiving the recommendation the said matter was put in meeting dated 15.12.2017 and thereafter in pursuance to the direction vide MOM dated 15.12.2017, the letter was sent to me (Mukesh Kumar Choudhary, Advocate/LAC) empanelled with the All India Legal Aid Cell on Child Rights appointing me as counsellor and to visit the house of the aggrieved minor child “A” (A”A”), I had opined to the DLSA (South) that Ms. “A” is not getting a safe childhood in her maternal uncles’s (mama) house, although the maternal uncle brought her with him in order to save her from her paternal grandfather and uncle(chacha) who use to take liquor regularly, the aggrieved girl child is not getting her right to education nor basis essentials. Her right to food, clothing and education is being violated, therefore the child should be removed from unhealthy environment and the custody be given to the government children home / institutionn so that she can receive proper education and enjoy her childhood.

BACKGROUND
“A” is an aggrieved minor Girl whose name has not been disclosed as per law; she had been facing various difficulties since childhood for e.g. quarrels between parents, poverty, discrimination, society, unhealthy or unhygienic environment etc.
At the early age of about 08 years she has become victim of various accidents / incidents in her life, she lost her mother who was murdered by her father, as a result of which father was sent to jail, and there was no one to take care of her. She was left at the mercy of her other relatives.
In the year 2012 her father murdered her mother in front her due to which she went in sort of mental trauma which cannot be explain in words.

When I went there I saw the atmosphere, where she was residing and during inquiry I came to know that the child ‘A” was staying with her maternal uncles (mama). The older maternal uncle was uneducated and work as daily wage labour. He stayed with his second wife who is a housewife and uneducated also, as well as his 3 children from his first marriage, all of whom were studying in Guru Ji Public School, at Bhatti Mines, New Delhi-110074. It is pertinent to mention herein that his first wife had expired due to snake bite on the terrace of their house which is surrounded by forest thereby showing that the house is not safe for residential purpose, especially for a family having children. The younger maternal uncle also uneducated and work as a daily wage labor, and lived with his wife and minor daughter.
“A’’s relatives had not got her enrolled in any school whereas the other children of the family were studying in public schools which shows discrimination between the children.
The household environment was unhygienic, untidy, unsafe, surrounded by forest area resulting in encroachment by wild animals. Further the locality was unapproved. There was no water supply, no sewer line or proper road and the family was surrounded by unsocial elements and many illegal liquor shops.
The family had not even paid the last 3 electricity bills proving that the family survived on daily wages and had no permanent source of income.
Upon conducting an independent investigation by way of enquiry from two independent witnesses, i.e., neighbours of aggrieved ‘A’s maternal uncles, both the neighbours affirmed the sad plight of the minor child.

I send the report of same to the Hon’ble Secretary/Superintendent of DLSA (South), Saket , New Delhi containing all the facts and circumstances of “A” minor child and upon receiving the report the committee immediately decided to produce the aggrieved minor girl “A” to Child Welfare Committee (South) through SHO PS. Fatehpur Beri. The CWC observed that aggrieved “A” is happy to stay with her father and not willing to stay at any other place. The CWC retained the custody of child with her father and directed SHO/IO to submit the direction of Hon’ble High Court of Delhi related to release of Child’s Father and also to open a bank account of child before next date. The DCPU (South) has been directed to conduct a house visits of child and submit a report related to condition related to safe growth and wellbeing of child. The father of child has been directed to admit the child in a regular Government School and submit the admission Slip.
The matter was also taken up in view of the previous DVCC (DELHI VICTIM COMPENSATION COMMITTEE) meeting. The committee has considered the facts of the present matter. The committee observed that the deceased was allegedly murdered by her husband and the husband was also convicted by the Ld. Trial Court vide order dated 10.10.2017 .The husband had preferred an appeal before the Hon’ble Delhi High Court wherein he was convicted for culpable homicide and not for murder the deceased had a minor daughter who was earlier in custody of her grandfather thereafter her uncle(mama) The matter was deferred in the previous meeting to inquire about the issue of the custody of the child .The CHILD WELFARE COMMITTEEE (CWC)South had given the custody of the child to the father who has been released by the order of Hon’ble High Court of Delhi The husband of the deceased is a labourer. The child is studying in a government school in Class 3rd with the efforts of CWC. the considering the agony faced by the child on loss of her mother as well as the monetary condition of the household where the child resides, the committee recommends that a final compensation of Rs.800,000/-(Rupees Eight Lakh )be granted in favour of the child namely “A” aged Nine years . It is further recommended that the amount of Rs.800,000/-(Rupees Eight Lacs) shall be kept in a fixed deposit wherein the monthly interest shall be payable and would be credited in the account of the child .the fixed deposit would be maintained till the child namely “A” attains majority i.e. age of 18 years . The amount in the fixed deposit shall only be released to “A” once she attains 18 years, however the interest accrued would be payable to her and would be deposited in her account every month. The amount may be disbursed according to the above recommendation in the following bank account.
Upon receipt of this report, DLSA South immediately sprung into action and ‘A’ was produced before the CWC (South), Lajpat Nagar New Delhi The child ‘A’ is now enrolled in government school where she is studying. Further the child ‘A’ was awarded compensation of Rs. 8 lacs which have been kept in a fixed deposit and shall be given to the child upon attaining majority at the age of 18 years. It is pivotal to mention herein that this is the highest compensation ever awarded to any victim by any district.

I really appreciate the efforts and support given by the DLSA, Judiciary, and Committees towards the child in need of care and protection. This is one of the example how the DLSA, Judicial System helping those poor people specially women and children who have been facing problems in their life. I also appreciate that DLSA (South) has given me this opportunity and I am always ready to give any kind of support / work which is assigned to me and I feel proud that I am part of this organization (DSLSA).

I am of the view that there are many such “A” “A’’ who have been living in our society are unaware of their rights, values and these benefits and which need support of our organization (DLSA/ DSLSA). We just have to find them and to bring them before the organization (DLSA/ DSLSA) / committees.