HC asks Govt to make position clear over constitution of commission for Protection of Child Rights
Srinagar, May 13: The High Court of J&K and Ladakh has granted the government last opportunity to file a report attesting to the status of the constitution of the Commission for Protection of Child Rights in Jammu and Kashmir. A division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal afforded the last opportunity to the authorities to make their positions clear to enable the court to address the issue in the related- matter.
The court observed that J&K’s Secretary Social Welfare Department, Sanjeev Verma, who, in keeping with its direction, appeared and joined the proceedings virtually fairly admitted that the advertisement to select and appoint the members, as also the Chairperson of the Commission, was issued way back in June, 2023, but the process of selection is still at the nascent stage.
Given the sensitivity of the matter, as also the considerable time already elapsed, the Secretary SWD prayed for time to furnish a specific affidavit indicating the precise time that is required to complete the selection process, the court said.
The affidavit is to be filed a week prior to June 2, the date when the court would consider the Public Interest Litigation (PIL), seeking the court’s intervention for the appointment of the members of the commission. The Court observed that despite its repeated orders passed, the Commission for Protection of Child Rights, in terms of Section 44 of the Protection of the Child from Sexual Offences Act, 2012, has not been constituted. “That being so, before we proceed any further in the matter, the proceedings are deferred to 02.06.2025,” the court said and sought the status report to be filed a week prior to this date. “…… before we record any order on merits, we consider it necessary to afford one last opportunity to the respondent-authorities to make their positions clear, to enable us to address the matter in issue”.
The commission is to be set up in keeping with the Protection of Children from Sexual Offences Act (POCSO) Act, read with the Protection of Child Rights Act, and would have the power to inquire into the complaints and take suo moto notice of matters relating to deprivation and violation of child rights.
Notably, the J&K Social Welfare Department has constituted a five Member Committee to recommend for appointment to the posts of Chairperson and Members, J&K Commission for Protection of Child Rights.
The committee previously convened two meetings on the issue and upon scrutinizing the applications received, the committee shortlisted three candidates for the post of Chairperson and four candidates for the post of members, with two candidates being considered for both posts. The committee after thorough deliberations recommended the eligibility criteria as well as process for the appointment to the posts to the competent authority, the approval for which is awaited.
