Rajasthan HC Questions Prolonged Vacancies in Child Rights Commission

Rajasthan HC Questions Prolonged Vacancies in Child Rights Commission.webp

Jaipur, February 21 – The Rajasthan High Court has expressed serious concerns over the prolonged absence of the chairperson and members of the Rajasthan State Commission for Protection of Child Rights (RSCPCR), the apex statutory body responsible for safeguarding children's rights in the state.

The court issued a notice to the state government during the preliminary hearing of a Public Interest Litigation (PIL) filed on the issue, seeking a detailed response.

A division bench comprising Justice Dr. Pushpendra Singh Bhati and Justice Sandeep Shah heard the petition filed by the Juvenile Justice Advocates Association.

The petitioner's counsel informed the court that the positions of chairperson and members in the commission have remained vacant for over a year.

As a result, the commission has become virtually non-functional, and the monitoring of child rights-related matters has come to a standstill.

The petition highlighted that the commission's inactivity is adversely affecting the implementation and oversight of several critical child protection laws, including the POCSO Act – Protection of Children from Sexual Offences Act, the Right to Education (RTE) Act – Ensuring free and compulsory education for children, and the Juvenile Justice (Care and Protection of Children) Act – Legal framework for child welfare and rehabilitation.

The petition argued that the absence of the commission has created a serious vacuum in protecting the constitutional rights of vulnerable and marginalized children in Rajasthan.

The commission's role is to monitor the benefits and safeguards provided under these laws, but due to leadership vacancies, it has remained functional only on paper.

Taking note of the seriousness of the matter, the High Court issued its order on February 17. Additional Advocate General Praveen Khandelwal, appearing for the state government, accepted the court's notice.

The court has sought responses from the Minister of the Child Rights Department, the Chief Secretary, the Secretary, Women and Child Development Department, the Commissioner, Child Rights Department, and the division bench directed the state government to submit a detailed report by February 23.

The High Court observed that leaving such crucial statutory positions vacant for an extended period reflects serious administrative negligence towards the rights and welfare of children.
 
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administrative negligence child protection laws child rights child rights department child welfare department of child rights juvenile justice act legal vacancies pocso act public interest litigation rajasthan high court rajasthan state commission for protection of child rights right to education act state government women and child development department
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