Excelsior Correspondent
SRINAGAR, July 25: Division Bench of High Court directed for personal appearance of Chief Secretary in case the records pertaining to the selection process of members for Protection of Child Rights Commission are not produced before the court on the next date of hearing.
The Division Bench of Acting Chief Justice Tashi Rabstan and Justice Rajnesh Oswal ordered that two weeks’ time to file status report in terms of order dated 27.03.2024, is granted failing which, the Chief Secretary shall appear in person before this Court on the next date of hearing.
Follow the Daily Excelsior channel on WhatsApp
As there is already a delay in appointment of members of the Protection of Child Rights Commission as such the Division Bench on March 27 had directed the authorities to produce the process of selection before the court on the next date of hearing.
The court, while expressing its dismay over the delay caused, had directed the authorities file the status report indicating therein the compliance of directions as contained in the previous order without any fail.
The Court took matter with the utmost seriousness and had observed that it deserves in view of the important statutory role the Commission plays and made it clear that in default the court would be compelled to call the concerned official to remain present in person before this Court to explain before it.
The J&K Social Welfare Department has constituted a five Member Committee to recommend for appointment to the posts of Chairperson and Members, J&K Commission for Protection of Child Rights.
In fact, rules have been framed which were notified on 21.10.2022 and under the circumstances, the counsel for the department was asked to apprise the Court as to the progress of the constitution of J&K Commission for Protection of Child Rights.
It is noted that Section 44 of The Protection of Children from Sexual Offences Act, 2012 mandates monitoring of effective implementation of the provisions of the aforesaid Act by the concerned State Commission for protection of child rights.
But no such Commission has been constituted in the UT of Jammu and Kashmir as well as in UT of Ladakh till date. Considering the statutory role assigned to the Commission for effective implementation of the Act, court has already observed that non-constitution would be a serious lapse on the part of the authorities concerned
Follow our WhatsApp channel
