Fill Vacancies of Child Rights Commission In 3 Months: Bombay High Court To State Govt

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Synopsis

The high court, in its order, observed that the shortcomings of the state government pose a serious threat to the well-being of children, undermining their rights and leaving them vulnerable to exploitation and neglect

The Bombay High Court has directed the Maharashtra State Government to fill up the vacancies in the Maharashtra State Commission for Protection of Child Rights.

This order was passed by the division bench of the high court comprising Justice Nitin Jamdar and Justice MM Sathaye while hearing a Public Interest Litigation filed by the NGO Bachpan Bachao Andolan.

The NGO Bachpan Bachao Andolan filed a Public Interest Litigation seeking the implementation of directions issued by the Supreme Court in 2018.

These directions were sought after the Supreme Court expressed dissatisfaction with the government's failure to implement the Juvenile Justice Act.

The division bench has asked the government to fill all the vacant posts in the State Level Child Rights Protection Society and the District Level Child Rights Protection Units within a period of three months

The high court has directed the Maharashtra State Government to establish Special Juvenile Police Units in districts and cities where they have not been constituted within three months, under the supervision of officers not below the rank of Deputy Superintendent of Police.

Earlier the division bench of the high court raised concerns over the staggering number of pending cases, exceeding 40,000, under the Juvenile Justice (Care and Protection of Children) Act (JJ Act). The court observed that such a high backlog undermines the spirit of the JJ Act, which mandates inquiries to be completed within four months.

The high court, in its order, observed that the shortcomings of the state government pose a serious threat to the well-being of children, undermining their rights and leaving them vulnerable to exploitation and neglect.

“The large number of pending cases before Juvenile Justice Boards and Child Welfare Committees indicate to the area of concern. All these shortfalls pose a serious threat to the well-being of children, undermining their rights and leaving them vulnerable to exploitation and neglect. The lives of countless children are at stake and apathy towards child protection can perpetuate cycles of abuse, hinder educational opportunities, and jeopardize the overall well-being of the future generation,” the order reads.

The high court further directed the State Authorities to prepare a Social Audit by June 2024, and thereafter carry out a Social Audit every year, submitting a report by the end of June each year.

Additionally, the high court directed the State Authorities to ensure that the Annual Report for the years 2018 to 2023 is published within a period of four months. Moreover, in the future, the Annual Report is to be prepared and made accessible online by the end of June every year.

Case title: Bachpan Bachao Andolan & Anr vs State of Maharashtra & Ors