The Delhi High Court ticked off the city government over its inaction in completing appointments and recruitment in the Delhi Commission for Protection of Child Rights (DCPCR) and Delhi Child Protection Units (DCPUs), saying these “should be your priority.”
The bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela was dealing with a bunch of petitions, including suo motu Public Interest Litigations (PILs) pertaining to the conditions of juvenile homes, and child welfare centres. The PILs eventually encompassed issues related to the functioning of DCPCR and DCPUs.
“We are informed that on account of vacancies, DCPCR has not been functional since July 2023. There is no gainsay that the body performs statutory functions which ensures protection of child rights. However, on account of vacancies in the Commission, such functions are not being performed as a result of which it is the rights of the children which take a back seat… Such a situation (which) resulted on account of callousness on the part of the government cannot be appreciated,” said the bench.
“At this juncture, the counsel for GNCTD on instructions has stated that the government be given two months’ time to complete the selection process. In light of the fact that the Commission has not been functioning since July 2023 and the timeline has expired since long, it is directed that the process will be completed in six weeks,” the bench added.
Noting that the High Court’s direction in October 2024 to complete the selection process for recruitment in DCPCR be completed in three months’ time remains to be fulfilled till date, the bench said in the order Monday, “The period (of completing in 3 months’ time) as spelt out (in October 2024 order) has already expired. However, the appointment to DCPCR does not appear to be in sight.”
Chief Justice Upadhyaya also orally remarked to GNCTD’s counsel, “You’re in contempt, are you not? This is your job, the constitution of the Commission; it is entrusted to you by the legislature. To do such duties you require us to pass orders? What is your explanation for this? These are the things that should be your priority.”
The court also directed that following scrutiny, the list of eligible candidates be placed before the court, and the appointment process be completed. The court also directed that the selection process of the members of DCPU should be completed within eight weeks from Monday.
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In an affidavit in January, the Delhi Government informed the court that the last recruitment drive for DCPUs was conducted in 2021.