J&K Without Child Rights Commission Since Article 370 Abrogation: High Court Grants 4-Week Deadline Extension To Govt

The Division Bench comprising Acting Chief Justice Tashi Rabstan and Justice Moksha Khajuria Kazmi granted the extension in the deadline following a PIL demanding judicial intervention in the commission's formation. Earlier, the court had set a two-week deadline for the government to file the status report by July 24.

Srinagar (Jammu and Kashmir):The High Court of Jammu and Kashmir and Ladakh has granted a four-week extension for the government to report on the progress of establishing the Commission for Protection of Child Rights, which has been inactive since the abrogation of Article 370. This decision follows a review of a status report that cited delays due to a shortage of qualified candidates for key commission positions.

The court's division bench, comprising Acting Chief Justice Tashi Rabstan and Justice Moksha Khajuria Kazmi, issued the extension in response to a Public Interest Litigation (PIL) calling for judicial intervention in the commission's formation. The report revealed that the committee, which held two meetings in August 2023, faced difficulties in constituting the commission due to inadequate eligible candidates. The report also mentioned that the committee recommended changes to the eligibility criteria and appointment process, which are awaiting approval from the relevant authority.

Previously, the court had set a two-week deadline for the government to file the status report by July 24, with the Chief Secretary facing potential personal appearance if the deadline was missed. The commission, required under the Protection of Children from Sexual Offences (POCSO) Act and the Protection of Child Rights Act, is essential for addressing child rights complaints and violations.

Earlier this year, the court stressed the importance of the commission's role and instructed authorities to provide updates on its establishment. The extension raises concerns about the commission's formation, complicated by the reorganization of the erstwhile state of Jammu and Kashmir in 2019.

In June 2023, the administration had advertised for the appointment of a chairperson and six members, but the process has encountered delays. A three-member selection panel, led by the Chief Secretary and including administrative secretaries from the Social Welfare and Law departments, was created to oversee the appointments.

"… the advertisement notice issued under endorsement No. SWD-ICPS/55/2021, dated 15.6.2023 read with public notice issued under endorsement No. SWD-ICPS/55/2021 dated 15.6.2023 by the Department of Social Welfare, J&K, for the appointment of one chairperson and six members of the Jammu & Kashmir Commission for Protection of Child Rights, is hereby withdrawn ab-initio," the notice read.