The Delhi High Court is poised to issue a set of directions and guidelines to be followed by the Delhi Police in cases of missing children. The decision comes in response to a father's plea, who expressed grievances over the lapses in the process followed by the Delhi Police in tracing his minor daughter. The 16-year-old girl had gone missing on July 10, 2023, and a complaint was lodged by her father the following day at Kalindi Kunj police station, leading to an FIR under Section 363 of the Indian Penal Code (IPC) for kidnapping.
The father informed the court that despite several visits to the police station between July 12 and July 16, he received no information about his daughter. He raised concerns that the police did not follow the 2016 Standard Operating Procedure (SOP) issued by the Union Ministry of Women and Child Development for cases of missing children.
During the hearing on July 28, the police produced the minor child before the court, and it was revealed that in her statement recorded under Section 164 of the Code of Criminal Procedure (CrPC), she did not level any allegations against anyone. Instead, she stated that she left her house voluntarily due to a misunderstanding between her and her parents.
Justice Swarana Kanta Sharma, who presided over the case, interacted with the minor and noted that she expressed apprehension that her parents might discontinue her studies and treat her poorly. The girl expressed her desire to continue her education and attend school regularly.
"The minor daughter was counselled, and she has expressed her willingness to accompany her father," the court said. "In such circumstances, considering that the minor child 'X' wants to continue her studies, who is about 16 years of age and is presently studying in 10th standard, her studies will not be discontinued."
Justice Sharma directed the principal of the concerned school to accept the leave application from the girl's father and to treat the period when she did not attend school as leave, without posing any uncomfortable questions to the child or the father.
Additionally, the court ordered the Station House Officer (SHO) of PS Kalindi Kunj to send a female Sub-Inspector in plain clothes to the petitioner's house for the next six months, ensuring that the child attends school comfortably and her studies are not disrupted.
The matter is scheduled to be heard on August 1, 2023, to consider the issuance of guidelines to the Delhi Police for effectively tracing missing children and handling such cases in the future.
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