HC seeks status report on constitution of Commission for Protection of Child Rights

Srinagar, July 30: The High Court of J&K and Ladakh Tuesday directed the authorities to file within two weeks a report attesting to the status of the progress with regard to the constitution of the Commission for Protection of Child Rights in Jammu and Kashmir.

A division bench comprising Chief Justice (Acting) Tashi Rabstan and Justice Rajnesh Oswal sought the report while hearing a Public Interest Litigation (PIL) seeking the court’s intervention in the appointment of the members of the commission.

As the matter came up for hearing, senior Additional Advocate General, A R Malik, requested the court for two weeks time to file the status report and in response the court asked him to file the report in terms of the order dated March 27, 2024, failing which, it said, the Chief Secretary should appear in person before the court on August 24, the next date of hearing.

The commission is 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.

In its order of March 27, 2024, the court noted that on August 7, 2023, the counsel representing the government was directed to apprise it about the progress of the constitution of the J&K Commission for Protection of Child Rights.

Later the counsel informed the court that a committee was convened on August 8, 2023.

The court had observed that on December 4, 2023, December 20, 2023, February 28, 2024, and March 1, 2024, time was sought on behalf of the respondents to apprise the court about the status of the constitution of the commission.

However, the court had said nothing had been made known to it as to the stage of the process of the outcome of such a meeting for the appointment of the members of the Commission for the Protection of Child Rights.

While the court had observed that it was unable to understand whether authorities had taken any concrete steps or not, it had said: “We take this matter with the utmost seriousness it deserves given the important statutory role the commission plays.”

Accordingly, the court directed that the authorities “should without fail intimate as to the status of the process for appointment of the members of the committee by the next date failing which it would be compelled to call the concerned officers to remain present in person before this court to explain (their conduct).