SUCCESS STORY

MINOR CHILD VICTIM OF CIRCUMSTANCES

 

Since long time the DLSA has been conducting various activities, programme, camps, clinics, front office and more. That recently the DLSA has taken a new initiative to inspect and ensure the effective legal aid is being provided to children in need of care and protection as well as legal assistance.

I (Mukesh Kumar Choudhary, Advocate/LAC) empanelled with the All India Legal Aid Cell on Child Rights) am very thankful to DLSA for considering me suitable for this task and vide letter bearing Ref.no.253/SD/Children Home/2019/925-933, dated 23.01.2019 I was assigned to visits the Children Homes run by Department of Women and Child Development, Govt.of NCT of Delhi, to ensure effective legal aid as well as legal assistance. The letter was sent to me wherein I have to visit at below mentioned children homes once in a week i.e. on every Friday.

That I had visit to the children Observation Homes namely:
(1)Village Cottage Home-I, (2) Village Cottage Home-II, (3)Village Cottage Home-III. (4)Ujjawal Children Home for Boys-1., (5)Uday Children Home for Boys-2, all are situated at Kasturba Niketan Complex, Lajpat Nagar-II , New Delhi-110024.

I must say that this initiative is very useful and really needed as inadvertently there are children who have given the legal assistance / aid but they are not aware whether they have actually utilized the aid provided to them or not.

In a very first two visit, I found these abovesaid observation home are running very efficiently and the staff / members are taking good care of children.

In February 2019, during visit I met one aggrieved minor girl “P” at Village cottage home-III, Lajpat Nagar, New Delhi, and upon inquiry, I came to my know that said child was a victim of physical and sexual abuse by her father. The FIR 63/2015 u/s.323/354/376/506 IPC & Sec.10 of the protection of children from sexual offence act-2012 had been registered in the police station Neb Sarai, her father was arrested but during trial before Sh. B.R. Bansal Ld. ASJ, Special POCSO Court (South) he was under custody and he was expired in March 2018. Moreover, the mother of minor child is of unsound mind and not able to maintain herself and minor child therefore for the proper care and welfare the child was sent to children home at Village Cottage home –III, Lajpat Nagar, New Delhi, However, it was surprising that despite aggrieved minor she has not been given any compensation as per the Victim Compensation Scheme and till date no single amount has been deposited as per the compensation scheme.
This information was immediately conveyed to the DLSA (South) and the Hon’ble Secretary and also that LAC seeks permission to file application under victim compensation scheme for the said victim minor Girl “P”.

That without wasting time the DLSA (South) immediately sprung into action and contacted the staff of the concerned Hon’ble Trial Court wherein the case had been pursued. The DLSA South was informed that as the accused had died during trial therefore the said case file had been disposed off and sent to record room. Nonetheless, as this instance pertained to interest of child, the court staff asked for the file from the record. Thereupon it was revealed to the DLSA as well as Hon’ble Secretary that Rs.2,00,000/-(Rupees Two Lacs) as final compensation had already been awarded to the victim child. It is stated that the victim has suffered from severe psychological trauma as she was brutally assaulted by the accused (victim’s father) and due to the assault, the victim was traumatize and has still not recovered psychologically and she need regular psychological help to overcome the trauma. That the victim is currently residing in a shelter home and does not have the financial means to avail psychological and financial/educational help to avoid further trauma and stigma, in the said case but the same had not been disbursed into her account. That the said minor child is going to be transfer within few months as the present village cottage home keep child upto the age of 10 years and the minor child now going to be 10 years in few months.

The DLSA (South), under orders of the Ld. Secretary, called me and narrated the relevant information to me and asked about the bank details of the minor child and I immediately without wasting time collected the details/information and convyed the same to concerned authority / DLSA as a result the amount of Rs.2,00,000/-(Rupees Two lacs) as compensation was released into the victim’s account.

Thus, through effective team work, the victim got her pending dues that already been awarded to her in August 2018.