Srinagar (Jammu and Kashmir): The High Court of Jammu and Kashmir and Ladakh has issued a directive to the J&K government, demanding timely updates on the establishment of the J&K Commission for Protection of Child Rights.
The division bench, led by Chief Justice N Kotiswar Singh and Justice Mohammad Yousuf Wani, emphasized the necessity for the respondent department to inform the court about the status of the committee formation process by the next hearing on April 29, 2024.
Expressing concern over the lack of tangible progress, the bench warned that failure to comply would lead to summoning of the responsible officials to explain the delay, in person. The court underscored the significance of the commission's role in safeguarding children's rights, emphasizing the seriousness of the matter.
The court's intervention stems from a petition filed in 2020, highlighting the imperative of protecting children's rights under the law. In response to an earlier court order from August 7, 2023, seeking updates on the commission's formation, the respondents had assured the convening of a committee. However, subsequent hearings revealed no substantial advancements, with the respondents repeatedly seeking more time.
Despite several initiatives by the government to address child rights issues in J&K, concerns persist over the non-establishment of the State Commission for Protection of Child Rights. The Commission, mandated by the Commission for Protection of Child Rights Act, 2005, is crucial for addressing violations and ensuring the welfare of children in the region.
Notably, in October 2022, the government had approved the formation of an independent Child Rights Commission, accompanied by the formulation of new rules. These rules, framed by the Lt Governor’s Administration in J&K UT, aim to establish a robust framework for addressing complaints related to child exploitation, harassment, and atrocities.
The new Commission, to be headed by a Chairperson and comprising at least two members, will adhere to international child rights standards. The selection process for the Chairperson, Members, and Member Secretary will involve a three-member Selection Committee, with stringent eligibility criteria set for candidates.
Apart from addressing complaints, the Commission will analyze existing laws, policies, and practices affecting children, ensuring compliance with international standards. It will conduct inquiries, produce reports, promote child rights education, and engage with the public through regional visits and public meetings,the statement released by the J&K administration highlighted.
It further explained, "Operating in both the Kashmir and Jammu Zones, the Commission will accept complaints in multiple languages and maintain a dedicated Child Rights Petition Register. However, complaints deemed illegible, trivial, or pertaining to civil or service disputes will be dismissed."
