Consider The Establishment Of The State Commission For Protection Of Child Rights In The UT Of J&K: Jammu & Kashmir High Court To Govt.

The Bench of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani was dealing with a Public Interest Litigation seeking to espouse the cause of child rights under the provisions of the Commissions for Protection of Child Rights Act, 2005.

Petitioner Shivan Mahajan, who appeared before the Court in person submitted that its necessary in every State to have a State Commission for Protection of Child Rights and so a direction be issued to the government for establishing one in the Union Territory as well.

He further pointed out that a National Commission is discussing the matter and shortly some guidelines are likely to be laid down in establishing a State Commission in J&K as well.

In view of the submissions made by the Petitioner and reports submitted before the Court, the Court opined,

"It is apparent that the State Government has taken sufficient steps for the protection of child rights but still the cause of the concern which remains is the non-establishment of the State Commission for Protection of Child Rights."

[NOTE: Section 17 of the Commission for Protection of Child Rights Act, 2005 envisages constitution of a body known as the State Commission for Protection of Child Rights.

Section 17 (1) of the Act reads as under:-

"17. Constitution of Station Commission for Protection of Child Rights. – (1) A State Government may constitute a body to known as the ........... (name of the State) Commission for Protection of Child Rights to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this Chapter. ..........."

It is important to notes that the State Government may constitute such a Commission but it is not mandatory for every State to do so.]

Lastly, the Plea was disposed of with the direction to the Government,

"To consider the establishment of the State Commission for Protection of Child Rights in the light of the provisions of Section 17 of the Act and the Guidelines or the directions that may have been issued or likely to be issued by the National Commission for Protection of Child Rights."

The PIL was accordingly directed to be closed and consigned to records.

Case title - Shivan Mahajan v. State of J&K & others [PIL No. 24 of 2015]

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