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 This was repealed by the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the JJ Act').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.;