Inform about Commission for Protection of Child Rights constitution status: HC to authorities

Srinagar, Apr 2:  The High Court of J&K and Ladakh has directed the authorities concerned to intimate ‘without fail’ by April 24 about the status of the constitution of the J&K Commission for Protection of Child Rights in Jammu and Kashmir.

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, would have the power to inquire into the complaints and take suo-moto notice of matters relating to deprivation and violation of child rights.

Hearing a Public Interest Litigation (PIL) seeking the court’s intervention for the appointment of the members of the commission, a division bench of Chief Justice N Kotiswar Singh and Justice Muhammad Yousuf Wani said it would be compelled to direct the authorities concerned to remain present before the court and explain their conduct if they fail to report.

The court observed that vide its order dated August 7, 2023, counsel representing the government was directed to apprise the court of the progress of the constitution of the J&K Commission for the Protection of Child Rights.

The court noted that on August 16 last year, it was submitted on behalf of the authorities that the committee was convened on August 8, 2023, and would be apprised of the result by the next date of hearing.

It said 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 this court.

The court said: “However, nothing has been made known to us as to the stage of the process of the outcome of such a meeting for appointment of the members of the Commission for Protection of Child Rights”.

While the court observed that it was unable to understand whether authorities had taken any concrete steps or not, it 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).