'Strange': Supreme Court Slams NCPCR For Filing Petition Seeking 'Vague & Omnibus' Directions Against Missionary Organisations

The Supreme Court recently criticised the National Commission for Protection of Child Rights (NCPCR) for filing a writ petition seeking "vague and omnibus" directions against alleged illegal child trade by missionary organisations.

The Court termed the NCPCR's petition "strange" and said that a statutory organisation could not have filed a writ petition under Article 32 of the Constitution for such reliefs. Article 32 is intended to protect the fundamental rights of citizens and a statutory body cannot invoke it to seek relief against private citizens, the Court added.

The petition was filed in 2020 alleging illegal sale of children in the charity homes run by the Missionaries of Charity. The NCPCR sought a court-monitored timebound investigation of all "such organizations" in the State of Jharkhand. It also sought the formation of a Special Investigation Team in every State to investigate "similar organisations." Apart from Jharkhand, the NCPCR added the States of Arunachal Pradesh, West Bengal, Assam, Punjab, Uttar Pradesh, Kerala, Maharashtra, Bihar and Andhra Pradesh as respondents.

A bench comprising Justices BV Nagarathana and Nongmeikapam Kotiswar Singh dismissed the petition after finding the reliefs "vague and omnibus."

"..we find that the reliefs sought are, in the first place, vague and omnibus and therefore, can neither be entertained nor the said reliefs be considered. The writ petition is hence, liable to be dismissed."

Strange petition

The bench further observed that a statutory body could not have filed the Writ Petition invoking Article 32 of the Constitution of India seeking the aforesaid prayers.

"..we find it strange that a statutory body, such as the petitioner in the instant case is invoking Article 32 of the Constitution for seeking the aforesaid reliefs. When Article 32 is meant for citizens to enforce their fundamental rights, the said Article cannot be the basis to file a Writ Petition by statutory authorities against a State/Union Territory for seeking directions in aid of discharging its functions under the statute. The said Article also cannot be the basis for statutory bodies or authorities to seek enforcement of “fundamental rights” against private citizens. The same is incongruous and not in accordance with what is envisaged under the Constitution."

The Court said that the NCPCR has powers under the Commissions for Protection of Child Rights Act, 2005 to conduct enquiries and to take steps for the protection of child rights.

"In the circumstances, we do not think that such vague and omnibus prayers could have been sought for by the petitioner- NCPCR herein in the present Writ Petition. Hence, the same is dismissed," the Court said.

Case : National Commission for Protection of Child Rights v. State of Jharkhand

Citation : 2024 LiveLaw (SC) 763

Click here to read the order