Emphasis on Compassionate and Sympathetic Judicial Approach
Justice Prasad highlighted that children who find themselves as helpless victims of circumstances must be treated with empathy and understanding by the judiciary. He underscored the role of courts as vigilant protectors of minors' properties, stressing the importance of promptly securing these assets to prevent exploitation by unscrupulous relatives. The court remarked, "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."
Streamlining Guardianship Applications to Prevent Conflicting Directives
To enhance efficiency and avoid contradictory orders, the High Court directed that any application filed by the District Magistrate seeking guardianship over a minor child's property should be presented before the Family Court already handling the child's guardianship application. This consolidation aims to ensure consistency in judicial decisions and expedite the resolution of such applications.
Expedited Interim Orders for Property Protection
Recognizing the urgency often associated with protecting a minor's property, the court mandated that interim orders deemed necessary should be issued promptly, preferably within four weeks from the date of filing the application, in accordance with Section 12 of the Guardians and Wards Act (GAW Act). This directive seeks to provide timely relief and prevent potential misappropriation or misuse of the child's assets during the pendency of legal proceedings.
Child-Centric Approach and Legal Representation
The High Court advocated for a child-centric approach in Family Courts, recommending the appointment of separate legal counsel to represent the child's interests. This measure ensures that the child's perspectives and preferences are adequately considered in judicial proceedings, aligning with the principle of prioritizing the best interests of the child.
Ongoing Oversight and Accountability of Guardians
To maintain transparency and accountability, the court instructed that Family Courts should keep guardianship cases active until the child reaches the age of majority. Guardians are required to submit annual accounts detailing the management of the child's property, which the Family Court must diligently review. This continuous oversight aims to prevent mismanagement and ensure that the child's assets are utilized appropriately for their benefit.
Ensuring Adoption Processes Are Unhindered
The court clarified that if a child is eligible for adoption under the Juvenile Justice (JJ) Act, 2015, and the Adoption Regulation 2022, any pending applications concerning the protection of the child's property should not obstruct or delay the adoption process. This directive ensures that legal proceedings related to property matters do not impede the child's opportunity to be placed in a nurturing family environment.
Protection of Sibling Interests by the State
In situations involving multiple siblings, the High Court emphasized the state's responsibility to safeguard the interests of minor siblings. The state is tasked with defending and initiating any necessary legal actions on behalf of the children to protect their rights and interests. This provision ensures that all siblings receive equitable protection and that their collective welfare is addressed comprehensively.
Judicial Oversight in Cases with Additional Legal Heirs
The court also addressed scenarios where there are legal heirs other than the orphaned child. In such cases, the District Magistrate is entrusted with the duty to protect the child's interests by actively contesting and initiating proceedings as applicable under relevant guardianship laws, personal laws, and civil procedures. This directive aims to prevent potential conflicts and ensure that the child's rights are not overshadowed by the claims of other heirs.
Conclusion
The guidelines issued by the Delhi High Court represent a comprehensive framework designed to protect the rights and properties of minors. By emphasizing a compassionate, child-centric approach and instituting measures for prompt action, accountability, and coordination among judicial bodies, these directives aim to create a robust system that prioritizes the welfare and best interests of children in guardianship and property-related matters.
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