NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS Vs. RAJESH KUMAR
SUPREME COURT OF INDIA
National Commission For Protection Of Child Rights
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DEEPAK GUPTA,J. -
(1.)It's so sad! We start with a lament because institutions set up to protect children have virtually forsaken them in a fight over
their so called jurisdictions.
(2.)India is a signatory to the United Nations Convention on the Rights of the Child, 1989 which makes it obligatory upon the
signatory States to take all necessary steps to protect the rights
of the children as set out in the Convention. The Government of
India enacted the Juvenile Justice (Care and Protection of
Children) Act, 2000. This was repealed by the Juvenile Justice
(Care and Protection of Children) Act, 2015 (hereinafter referred
to as 'the JJ Act').
(3.)It was felt expedient to enact a law constituting special commissions to protect the rights of children. Parliament
enacted the Commissions for Protection of Child Rights Act, 2005
(hereinafter referred to as 'the CPCR Act'). The CPCR Act
envisages the constitution of a National Commission for
Protection of Child Rights (hereinafter referred to as
'NCPCR/National Commission') under Section 3 and the State
Commissions for Protection of Child Rights (hereinafter referred
to as 'State Commissions') under Section 17. We shall deal with
their respective functions and powers at a later stage but there
can be no manner of doubt that these two Commissions one at
the National level and the other at the State level are expected
to function in a spirit of cooperation. We expect such
Commissions to consult, discuss and cooperate with each other
while exercising their powers and fulfilling the duties enjoined
upon them by the CPCR Act. These two institutions are in the
nature of siblings. The goal which they both set out to achieve is
the same, viz., protecting children from all sorts of abuse,
exploitation etc. We see no reason why there should be any
disharmony and lack of coordination between these two
institutions. This noncooperation and lack of coordination can
only occur when the persons manning the institutions put their
own interests over the interest of the children. It is only when
those incharge of such commissions give themselves so much
importance that they forget that they are the creation of statute,
the only purpose of which is to protect children.
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