The Delhi High Court, in a significant ruling of Master G Through Legal Guardian & Another v/s State (NCT Of Delhi), Home Department & Another on April 2, 2025, has issued a comprehensive set of guidelines to safeguard the property rights of orphaned and abandoned children in Delhi. The decision by Justice Subramonium Prasad came in response to two writ petitions filed by minors who had lost their parents and whose inherited properties were at risk of being squandered.
The petitions highlighted the urgent need for a robust mechanism to protect the assets of vulnerable children. In one tragic case, two minor petitioners witnessed their father stab their mother to death before committing suicide, leaving them without parental care and their assets vulnerable. In another, two petitioners were subjected to physical and emotional abuse by their alcoholic father, who later passed away, while their mother had abandoned them years prior. Both sets of children were placed in Child Care Institutions (CCIs) by the Child Welfare Committee (CWC).
The Court observed that State organizations often act "callously" in cases where children become orphans or are abandoned, leading to their assets being frittered away by relatives or strangers. It stressed that officials must take seriously their duty to act as "parents" to such children and secure their assets.
Recognizing the existing lacunae in legislation and the lack of coordination among various state organs, the High Court directed the State to frame and implement guidelines to ensure timely action for the welfare and protection of these children's rights. Mr. Dayan Krishnan, Senior Advocate and Amicus Curiae, provided crucial suggestions for fixing timelines, most of which were accepted and incorporated into the "Guidelines to Safeguard Property Rights of Orphaned Children in Delhi," framed on April 9, 2024.
Key Aspects of the Guidelines and Court Directions:
The guidelines define an "orphan child" as one without biological or adoptive parents or a legal guardian, or whose legal guardian is unwilling or incapable of care. They emphasize that while minor children have the right to own inherited property, they lack the legal capacity to manage it, necessitating court-appointed legal guardians.
The guidelines delineate specific roles and responsibilities for various stakeholders:
Child Welfare Committee (CWC): To ascertain immediate needs, direct CCIs/District Child Protection Units (DCPUs) to prepare Social Investigation Reports (SIRs) within 15 days, including details of all movable and immovable assets, wills, insurance, bank accounts, and other financials of the parents. They must initiate the process for obtaining legal heir and succession certificates within 7 days of receiving the SIR and forward all compiled information to the District Magistrate (DM) for property protection within 7 days.
Juvenile Justice Board (JJB): Similar to CWC, for children in conflict with the law who are found to be orphans during inquiry, the JJB must direct the Probation Officer to prepare SIRs with asset details within 15 days, and ensure procurement of necessary certificates and forwarding of information to the DM.
Child Care Institutions (CCIs): To ensure child wellbeing and assist in preparing SIRs, procuring certificates, and directing all inflows owed to the child into their bank account.
District Child Protection Unit (DCPU): To prepare SIRs and provide assistance in procuring legal heir and succession certificates.
District Magistrate (DM): On receiving intimation from CWC/JJB, the DM must conduct an inquiry to identify and demarcate all assets within 7 days and take appropriate steps under Section 10 read with Section 8 of the
Guardians and Wards Act, 1890, to be appointed as a guardian of the property. They may seek interim orders under Section 12 of the Act to preserve the status quo. The DM is also required to organize quarterly meetings with the CWC and the child (if aged 14 or above) to provide updates on property status and court proceedings.
Local Police: To assist the CWC/JJB/DM in identifying and demarcating movable and immovable properties, including accessing income tax returns, seizing documents, and preserving mobile phones and credit/debit cards to prevent misuse.
District Legal Service Authority (DLSA): To provide necessary legal assistance to all stakeholders and support children who are victims of offenses in obtaining compensation.
Department of Women & Child Development, GNCTD: To monitor and ensure compliance with the guidelines, taking serious action against non-compliant officers, and organizing periodic training and sensitization programs for all concerned stakeholders.
The Court further issued directions for the Guardianship Courts, emphasizing a child-centric approach and preventing unnecessary delays:
- Applications for guardianship over a minor's property should be placed before the Family Court already handling the guardianship of the child to avoid conflicting directions and ensure speedy disposal.
- Interim orders to protect the child's property should be passed expeditiously, preferably within four weeks.
- A separate counsel should be appointed for the child to ensure their views are considered.
- Cases must remain pending until the child reaches majority, with the guardian submitting yearly accounts for court oversight.
- The pendency of a property protection application should not hinder the adoption process if the child is eligible.
- In cases with multiple siblings or other legal heirs, the State must protect the interests of the minor sibling(s).
The High Court directed that these guidelines be "scrupulously followed" and circulated to all concerned courts. The Court also expressed its appreciation for the assistance provided by Mr. Dayan Krishnan, Ms. Tara Narula (counsel for the petitioners), and Ms. Mehak Nakra (ASC for GNCTD) in framing these vital guidelines.
Indian Penal Code, 1860
Guardians and Wards Act, 1890
