The Delhi High Court today issued notice in a plea filed by a Class 12th student seeking directions for formulating a Committee framing and implementing a nationwide plan to impart “skill learning and vocational training” to Children with Special Needs starting from the age group of 7-17 years and to Persons with Special Needs.

A divisional bench of the Chief Justice and Justice Jyoti Singh while hearing the PIL through video conferencing orally asked the authorities that they are expecting an answer from the Government over the committee.

The petition has been filed by a Class 12th Student, Kanika Gupta through Advocate Anshumaan Sahni stating,

“there are many Children with Special Needs (“CWSN”)… who are intellectually impaired and/ or suffering from autism spectrum disorder, cerebral palsy or suffering from other forms of disabilities, who have the inability to garner skills needed for daily living and due to the same they are unfortunately phased out of the system and are also unable to independently, financial or otherwise, take care of themselves.”

The petition mentioned that Kanika was motivated by the plight of the Children with the Special Needs, to study and research about their rights.

The plea further suggests that intellectually challenged children can be gainfully employed as they can excel in various fields including bakery, photography, computer graphics, sports, festival production, retail management, etc.

The petition further stated,

“if the prayers as sought for are granted, intellectually challenged Children with Special Needs would greatly benefit and achieve true meaning to the phrase ‘dignity of life’ as understood under Article 21 of the Constitution of India.”

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The petitioner has sought the Committee to be formulated under the Chairmanship of Secretary, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India.

The bench has listed the matter for further hearing on March 12.

-India Legal Bureau

Mumbai (ILNS): The Bombay High Court on has set aside a lower court order that had detained three women in corrective home for almost a year.

Justice Prithviraj K. Chavan heard the petition challenging the detention order passed by the Metropolitan Magistrate, Mazgaon under Section 17(2)  on October 19, 2019 under the Immoral Traffic (Prevention) Act, 1956.

The women were “rescued” by the social service branch of the Mumbai Police from Chincholi Binder area in Malad in September 2019, after laying a trap using a decoy customer. 

When they were produced before a metropolitan magistrate, he ordered that the women be sent away to the state-run shelter home in Uttar Pradesh for “care, protection, shelter and vocational training in the subject of their liking.”

The magistrate’s order was upheld by Dindoshi sessions court on November 22, 2019 after which the women had approached the High Court through advocate Ashok Saraogi.

While considering the petition the court said:

What is punishable under the Act is sexual exploitation or abuse of person for commercial purpose and to earn bread, except where a person is carrying on prostitution in a public place or is found soliciting or seducing another person.

The court held that the magistrate ought to have considered the willingness and consent of the women before ordering their detention. 

“It is important to note that the petitioners/victims are major and, therefore, have a right to reside at the place of their choice, to move freely throughout the territory of India and to choose their own vocation, as enshrined the Constitution of India,” noted by the High Court.

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Therefore, the High Court has struck down both the orders of the lower court and ordered the immediate release of the women from the shelter home with the direction that the Metropolitan Magistrate ensure adequate protection of the victims at the time of recording their evidence.

-India Legal Bureau