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‘Scrap the Act’: HC pulls up Delhi govt over delay in filling vacant DCPCR posts for nearly 3 years

A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia, addressing the Delhi government, caustically remarked that the state should repeal the legislation — Commissions for Protection of Child Rights Act, 2005 — if it continues to progress at a snail’s pace.

On February 24, a fresh plea of contempt was moved by the petitioners, alleging that the state had not complied with the November order.On February 24, a fresh plea of contempt was moved by the petitioners, alleging that the state had not complied with the November order. (File Photo)

The Delhi High Court on Wednesday pulled up the Delhi government’s department of Women and Child Development for failing to fill up the vacant positions of the chairperson and six members for the Delhi Commission for Protection of Child Rights (DCPCR) since July 2023.

A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia, addressing the Delhi government, caustically remarked that the state should repeal the legislation — Commissions for Protection of Child Rights Act, 2005 — if it continues to progress at a snail’s pace.

However, the state sought time till April this year to complete the appointments and justified that the time taken so far has been essential “in the interest of ensuring transparency, fairness” in the process of appointments.

In response to the state’s argument, CJ Upadhyaya orally remarked, “You’re trying to justify that the time taken is essential?…It only shows your attitude..keep on progressing at snail’s pace…Please abandon this, scrap this Act…who stops you from repealing this Act?”

Rapping the government, CJI Upadhyaya further said, “Since July 2023 to April 2026, you’ve taken time, saying it is ‘essential’? We will summon the principal secretary…only he can explain this, 3 years time taken to make a simple appointment…and you say it is essential for transparency, fairness?..(You say you will make the appointments by) end of April that too most likely…In case of casual vacancy, the mandate is to fill it in 90 days, in regular vacancy it is 3 years?”

Recording the state’s attempt to justify the delay in the appointments, the court noted in its order that despite the passage of 2 years and 7 months, the vacancies have not been filled.

“If such a long period is essential to maintain transparency and fairness, and to ensure that most suitable candidates are appointed, in our opinion, the state government will have to rethink,” the court said in its order.

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“It is needless to observe that the DCPCR is a creation of legislative enactment and the state government is bound by the said legislative mandate. However in view of the assurance given by the GNCTD…we adjourn the matter…We express our hope and trust that the process shall be completed…we further caution that in case the process is not completed as stated by the GNCTD, matter will be viewed seriously,” the court further recorded in its order.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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