Delhi High Court Issues Stern Warning Over Prolonged Vacancies in Child Rights Commission
The Delhi High Court has taken strong exception to a delay of two and a half years in filling crucial vacancies at the Delhi Commission for Protection of Child Rights (DCPCR). On Wednesday, the court warned of serious consequences if the posts are not filled by the middle of April, expressing frustration over the government's justifications for the prolonged inaction.
Court's Sharp Rebuke to Delhi Government
A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia did not mince words as it reprimanded the Delhi government for what it termed "attempting to justify" the extensive delay. "Keep progressing at a snail's pace and scrap the (DCPCR) Act," the bench remarked, highlighting its exasperation with the slow pace of appointments.
The court pointed out that from July 2023 to February 2026, the government took considerable time and then tried to justify it as essential for maintaining transparency in the selection process. "More than one year elapsed, and you tried to justify it," the bench told the government counsel, adding that it was at a "complete loss of words" over the authorities' failure to act promptly.
Government's Assurance and Court's Caution
The court's criticism came after the government claimed that the process of appointing the chairperson and members was likely to conclude by the second week of April. The government counsel assured the court that the matter was "progressing" and that the second week of April was the "outer limit" for completion.
However, the High Court noted that if such a long period was indeed essential to maintain fairness and ensure the appointment of the most suitable candidates, the state government would need to reconsider its approach. "We caution that, in case the process is not completed, as stated by the government, the matter will be viewed seriously. We hope and expect that the statement made in the affidavit shall be honoured," the court observed, underlining that the delay in appointments belied the legislative mandate of the DCPCR.
Impact on Child Protection Mechanisms
During the proceedings, counsel appearing for one of the petitioners highlighted the critical role of the DCPCR, which is entrusted with monitoring the implementation of key child protection laws such as the POCSO Act and the Juvenile Justice Act. Advocate Prabhsahay Kaur further presented alarming data on missing children, revealing that 12 children went missing every day in the capital between January 1 and 15.
Kaur submitted that the DCPCR had previously maintained a robust system involving volunteers, ex-army personnel, and teachers to assist the police and the public in such cases. "All such projects have fallen flat. For the past three years, there has been no one monitoring the government in the implementation of these Acts. It suits everyone. The situation is very unfortunate. People have nowhere to go," she contended, emphasizing the dire consequences of the vacancies.
Legal Petition and Violation Allegations
The petition, filed in 2024 by the National Child Development Council, argued that keeping the posts vacant for such an extended period constitutes a violation of the provisions of the Delhi Commission for Protection of Child Rights Rules. The petition underscores the urgent need for functional leadership to safeguard children's rights and ensure effective oversight of government actions.
The Delhi High Court's stern stance serves as a reminder of the importance of timely appointments in statutory bodies, particularly those dedicated to protecting vulnerable populations like children. The coming weeks will be crucial as the government races against the court's deadline to fill the vacancies and restore the commission's operational efficacy.
