(Madan B. Lokur and Deepak Gupta, JJ.)
Sampurna Behrua __________________________________ Petitioner
v.
Union of India & Ors. ____________________________ Respondent(s)
Writ Petition(s)(Civil) No(s). 473/2005, decided on April 5, 2017
The Order of the court was delivered by
Order
1. Learned Additional Solicitor General has brought to our notice the following status report as on 05.04.2017 in respect of the State Commission for Child Rights:
1. Andhra Pradesh
2. Six members joined in the month of February, 2014 but Chairperson had not joined. The term of 3 years of the existing members in SCPCR had expired in the month of February, 2017. Hence, the action is under process for appointment of Chairperson and Members of AP SCPCR.
2. Assam
3. The process for appointment of Chairperson and 4 members of the Commission is under process and will be completed shortly. At present Smt. Runumi Gogoi, Member of the Commission is temporarily holding the charge of the Chairperson.
3. Bihar
4. The State Government notified the selection of the following Chairperson and members on the SCPCR vide notification no. 362 and 363 respectively dated 21.02.2014:—
(i) Mrs. Nisha Jha, Chairperson
(ii) Mrs. Aparna Singh, Member
(iii) Mrs. Lalita Jaiswal, Member
(iv) Dr. Nishichandra Kinjalk, Member
(v) Mr. Arun Kumar Verma, Member
(vi) Mr. Satyendra Kumar Gautam, Member
5. In the year 2016, the Chairperson and members appointed vide notification nos. 362 and 363 resigned voluntarily on 17.05.2016 and the same has been accepted by the State Government. Currently, the administrative functions of the Commission are being looked after by the Member Secretary of the SCPCR. Selection of Chairperson and members is under process presently.
4. Chandigarh
| Ms. Harjinder Kaur | Chairperson | 16-03-2017 | For a period of 3 years |
Note: The two members of the Chandigarh Commission for Protection of Child Rights have been appointed vide notification No. SW3/SCPCR/2014/11607 dated 10.12.2014 for a period of 3 years. The term of the members is likely to expire on 09.12.2017.
5. Delhi
6. The Department of WCD, GNCTD has already published an advertisement in the leading newspapers on 22.12.2016 to fill up the vacancies of the Chairperson and Members of the Delhi Commission for Protection of Child Rights (DCPCR). The meeting of the Selection Committee was held on 01.03.2017 under the Chairmanship of Minister (WCD)/Dy. C.M. for the post of Chairperson DCPCR. The file has been sent to the Lt. Governor, Govt. of NCT of Delhi for approval of the appointment of selected candidate for the post of Chairperson, DCPCR. The process for appointment of Member, DCPCR is under process.
6. Goa
7. Response awaited.
7. Gujarat
8. The State Government has constituted Gujarat State Commission for Protection of Child Rights vide notification dated 28.09.2012. The State Government has appointed Smt. Jagrutiben Harenbhai Pandya as a Chairperson for the Gujarat State Commission for Protection of Child Rights vide notification dated 13.01.2016 for three years tenure. Appointment of members for the commission is under consideration.
7. Kerala
9. Kerala State Commission for Protection of Child Rights came into existence on 03/06/2013 consisting of a Chairperson and six other members for a period of 3 years. Smt. Shobha Koshy is the present Chairperson of the commission who was appointed on 06/03/15 for a period of 3 years and the term of the other members expired on 07/01/2017. Subsequent steps are being taken to fill up the vacancies and the process is still continuing.
8. Madhya Pradesh
| Mr. Raghvendra Sharma | Chairperson | completed by March, 2019 |
| Mrs. Nirmla Barela | Members | completed by February, 2020 |
Note: The rest of the vacancies will be filled as early as possible.
9. Maharashtra
10. The process of appointment of Chairperson and six members of State Commission for Protection of Child Rights are at final stage. At present, the additional charge of Chairman, Maharasthra State Commission for Protection of Child Rights is given to the Secretary, Women and Child Development Department.
10. Odisha
| Smt. Kasturi Mohapatra | Chairperson | 26-03-2015 | 25-03-2018 |
| Mrs. Rajalaxmi | Das Member | 05-01-2015 | 04-01-2018 |
| Ms. Sandhyabati Pradhan | Member | 05-01-2015 | 04-01-2018 |
11. Out of 6 members, 2 Members are present and steps have already been taken for filling up of the vacant positions of Members of Odisha Commission for Protection of Child Rights.
11. Tamil Nadu
| Vacant | Chairperson | ||
| Thiru P. Sundaraparipooran | Member | 05-03-2014 | 04-03-2017 |
| Thiru S. Mouleeswaran | Member | 12-03-2014 | 11-03-2017 |
| Thiru M. Ramachandran | Member | 07-03-2014 | 06-03-2017 |
| Thiru C. Selvakumar | Member | 05-03-2014 | 04-03-2017 |
| Tmt. T Jayanthi Rani | Member | 06-03-2014 | 05-03-2017 |
| Dr. A.D. Revathy | Member | 05-03-2014 | 04-03-2017 |
Note: Tmt. Saraswathi Rangasami, Chennai was appointed as Chairperson to SCPCR vide G.O. (Ms) No. 02, SW & NMP Dept. Dated 02.01.2013. Her tenure expired on 17.01.2016 and the post is vacant at present.
12. The Secretary, SCPCR has called for application for filling up of the post of Chairperson through Press Release and had sent the applications received by the Commission to Government for necessary action.
13. After a thorough scrutiny and after a careful consideration of the qualifications and experience of the eligible candidates, based on the recommendation of the Selection Committee, the Government shall appoint a person of eminence who has done outstanding work for promoting the welfare of the children as Chairperson of Tamil Nadu Commission for Protection of Child Rights.
12. Telangana
14. Government of Telangana have issued orders for constitution of State Commission for protection of Child Rights vide G.O. Ms. No. 11, Department for Women, Children, Disabled & Senior Citizens, dated: 25-11-2014 with a Chairperson and 6 members, out of which 2 shall be women and rules were also framed vide G.O. Ms. No. 3, Department for Women, Children, Disabled & Senior Citizens dated: 20-01-2015. Notification was also issued inviting applications from the eligible candidates for appointment of Chairperson and members of the Commission. The appointment of the Chairperson and members of the Commission is under process.
13. Tripura
| Smt. Rupa Ganguly | Chairperson | 24.02.2014 | 24.02.2017 |
| Shri Paramartha Datta | Members | 24.02.2014 | 24.02.2017 |
| Dr. Sanjib Debbarma | Members | 24.02.2014 | 24.02.2017 |
| Smt. Indira Dhar | Members | 24.02.2014 | 24.02.2017 |
| Smt. Padma Datta Gupta | Members | 24.02.2014 | 24.02.2017 |
| Shri Pramod Ranjan Das | Members | 24.02.2014 | 24.02.2017 |
| Smt. Rita Debbarma | Members | 24.02.2014 | 24.02.2017 |
Note: The process for re-constitution of Tripura State Commission for Protection of Child Rights (TCPCR) has been initiated and would be notified shortly.
14. Uttarakhand
| Shri Yogender Khanduri | Chairperson | 20.05.2015 | |
| Smt. Beena Joshi | Member | 07-02-2014 | 06-02-2017 |
| Shri Aashish Uniyal | Member | 21-02-2014 | 20-02-2017 |
| Smt. Anima Haldar | Member | 05-03-2014 | 04-03-2017 |
| Smt. Jaya Mishra | Member | 06-02-2014 | 05-02-2017 |
| Dr. Zeeshan Ali | Member | 12-02-2014 | 11-02-2017 |
| Shri Shailendra Shekhar Kargeti | Member | 16-09-2015 |
15. It is obvious from the above that there are 14 States that are in clear violation of Section 18 of the Commissions for Protection of Child Rights Act, 2005.
16. Under the circumstances, these State Governments should fill up all the vacancies of the Chairperson/Members under the Commissions for Protection of Child Rights Act, 2005 within four weeks from today subject to payment of costs of Rs. 50,000/- to be deposited by each State Government within three weeks with the Supreme Court Legal Services Committee for utilization of juvenile justice issues.
17. It is made clear that in case the appointments are not made, we may require the presence of the Secretary of the Women and Child Development Department in the concerned State Government to explain the difficulty in doing so and for violating the law.
18. We may record the fact that the statute referred to is a parliamentary law and the provisions thereof must be adhered to by the State Governments.
19. List the matter on 11th July, 2017.
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