The Delhi High Court has issued a significant judgment to protect the rights and properties of children, especially those who have lost their parents or are vulnerable due to their circumstances. The Court emphasized the importance of compassion and a child-centric approach when dealing with such sensitive matters.

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“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 Court was responding to two petitions filed by children, seeking protection for their inherited properties, claiming that these were being misused or taken away.

“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.”

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• Application Routing:
  • Applications filed by the District Magistrate for guardianship over a minor child’s property should be placed before the Family Court already handling the guardianship case of the child. This helps avoid conflicting directions and ensures faster decisions.
• Speedy Interim Orders:
  • “Interim orders necessary to protect the property of the child be passed expeditiously, preferably within a period of four weeks from the date of application filed in compliance of Section 12 of the GAW Act.”
• Child-Centric Approach:
  • Family Courts should appoint a separate counsel for the child to represent their views and ensure their interests are protected.
  • The Court stressed the need for courts to follow a child-centric model and not just a legalistic one.
• Ongoing Monitoring:
  • The Family Court should keep the case open until the child turns 18.
  • “The guardian should be asked to submit yearly accounts to the concerned Family Court and the Family Court should also oversee the accounts and statements as filed by the guardian.”
• Adoption Process Must Not Be Delayed:
  • If the child is eligible for adoption under the Juvenile Justice Act, 2015 and Adoption Regulation, 2022, then the pendency of property protection proceedings must not delay or obstruct the adoption process.
• Protection of Siblings' Interests:
  • In cases with multiple minor siblings, the State has a duty to protect all of them and act on their behalf in any legal matters.
  • “In cases where there are legal heirs other than the orphaned child, the District Magistrate shall duly protect the interest of the child(ren) by contesting and instituting such proceedings as may be applicable under the applicable guardianship laws, personal laws and civil procedure.”

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• The Court had previously directed the Delhi Government to frame and implement guidelines to protect the property and rights of orphaned and abandoned children.
• The Child Welfare Committee (CWC) was involved in preparing the framework, and the Court reviewed these suggestions carefully.
• “Courts are directed to ensure that the directions are scrupulously followed. Registry is directed to circulate this Order to all the concerned Courts.”

Title: MASTER G THROUGH LEGAL GUARDIAN & ANR v. STATE (NCT OF DELHI), HOME DEPARTMENT & ANR.