The High Court here on Tuesday asked the Delhi government to respond to a plea seeking directions to fill the vacant positions of the chairperson and other members of the Delhi Commission for Protection of Child Rights (DCPCR).
The court also issued notices to the DCPCR and the Union Ministry of Women and Child Development on the petition filed by the National Child Development Council (NCDC).
It listed the matter for further hearing on July 16.
In a plea, the NCDC said the DCPCR is functioning without a chairperson since July 2, 2023 and keeping the vacancy for so long is a clear violation of provisions of the Delhi Commission for Protection of Child Rights Rules.
“The functioning of the DCPCR has been severely affected since the tenure of Anurag Kundu (former chairperson) came to an end on July 2, 2023 … Also, the website of DCPCR shows that the body is functioning without even a member at present,” the petition said.
It said Clause 8(2) of the Delhi Commission for Protection of Child Rights Rules states that a vacancy caused by death, resignation or any other reason shall be filled by nomination within 90 days from the date of occurrence of such vacancy.
The counsel appearing for the Delhi government handed over to the High Court an office note stating that a proposal was made for inviting applications for the vacant post and the file was marked to the Minister concerned on August 1.
The court was further informed that on March 27, the Minister concerned wrote a letter stating that since the Model Code of Conduct for the Lok Sabha was in force, the advertisement could not be issued.
The court orally observed, “If there is a will, there is a way. Will has to be there. Just imagine, from August to now nothing has happened.”
The plea said the DCPCR is a statutory watchdog of the petitioner on matters of child rights and has also played a vital role in monitoring of the rights, reviewing safeguards, inquiring into violations and advising the government on policy formulation and amendments.
