In a first, frame guidelines to protect property rights of orphaned minors, HC tells Delhi

The remarks were made when Justice Subramonium Prasad was dealing with two related petitions — the children had a history of being physically and emotionally abused by their parents. The petitioners sought the court’s directions to the state to secure the movable and immovable assets of their deceased parents.

The minors, represented by advocate Tara Narula and residing in shelter homes, said these properties were being frittered away, forcing them to lead a “traumatised and destitute life because of the crimes committed by their parents in the state of intoxication.”

Underlining that the “case of children who are helpless victims of circumstances must be dealt with compassion and a sympathetic attitude and approach must be adopted by the courts. ” Justice Prasad emphasised, “Courts are zealous guardians for the protection of the properties of minors and efforts must be made to ensure that the properties are immediately secured so that they are not frittered by unscrupulous relatives who like vultures want to prey on the meagre belongings that have been left behind for them on which only they have the rights.”

The slew of directions to the state by Justice Prasad, in a verdict dated April 2, comes after the High Court earlier asked the Child Welfare Committee (CWC) to recommend guidelines in a draft to establish a robust mechanism with timelines for securing such rights of children.

“Various lacunae in the legislature because of which there is a lack of coordination between various organs of the state, be it Courts or the Executive,” were earlier highlighted before the court.

CWC guidelines draft

The CWC, a body constituted under the Juvenile Justice Act, 2015, to address the needs and protection of children in need of care and protection, has detailed the role of various stakeholders in its draft. Here are the highlights of the draft:

• It shall direct the child care institution (CCI) or the district child protection unit (DCPU) to prepare a report of all assets and finances of deceased parents and submit it within 15 days of the death.
• The Juvenile Justice Board is cast with a similar duty for orphans who are in conflict with the law.
• The district magistrate shall apply before the concerned family or district court and seek appointment as a guardian. Once appointed, the DM shall organise quarterly meetings with the CWC and with the child, if aged 14 or above, to update them about the status of any property(ies) and of any court proceedings.
• Police should immediately seize the phone and credit and debit cards and or any identity cards of the deceased parents to prevent misuse.

Direction to courts

• The application filed by the DMs for guardianship over a minor child’s property should be placed before the family court which is already dealing with the application of guardianship.
• Interim orders necessary to protect the property of the child be passed expeditiously, preferably within four weeks.
• A separate counsel, on behalf of the child, needs to be appointed.
• The family court must keep the case pending till the child becomes an adult.
• The family court should oversee financial statements as filed by the guardian.
• The state would protect the interest of the minor sibling(s) where two siblings are involved.