High Court issues notice on plea to fill up Delhi child rights panel vacancies

The counsel appearing for the respondents sought time to obtain instructions in the matter and the bench listed the matter for hearing on July 16.

The counsel appearing for the Delhi government handed over extracts of a relevant file, which, the bench said, showed that a file was mooted for the appointment of chairperson and the members in July 2023. Permission was sought for inviting applications for Members through open advertisement.

The file was marked to the Minister, Women and Child Development department concerned on August 1, 2023. However, the minister WCD wrote a note on March 27, that since the Model Code of Conduct (MCC) is in force, the advertisement could not be issued, the court was told.

However, the minister wrote a note on March 27 that since the Model Code of Conduct is in force the advertisement could not be issued, the court was told.

The bench, thereafter said, “Between August 1, 2023 to March 27 what happened is not apparent from the file”.

The bench was however informed that in the meantime the Lieutenant Governor VK Saxena had made an “interim arrangement” with respect to the vacant post of the DCPCR’s chairperson.

The Indian Express had reported that a circular issued by the Ministry of Women and Child Development on March 12 stated that the Delhi L-G has nominated the Secretary, Department Women and Child Development/Social Welfare, as the interim chairperson.

Meanwhile, the Centre’s counsel had argued that even though the MCC is in force, that does not mean that advertisement cannot happen and appointments cannot be made.

To this the bench orally remarked, “If there is a will, there is a way. But a will has to be there. Imagine, from August last year to now nothing has happened”.

Raju, meanwhile, argued that the DCPCR is a “statutory watchdog” on matters of child rights and has also played a vital role in monitoring of the rights, reviewing safeguards, inquiring into violations and advising the government on policy formulation and amendments. He said that even the website of the child rights body indicates that it has been functioning without any members.