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PIL in Bombay HC seeks vacant posts in child rights commission be filled

The body has practically remained non-functional for over two years with nobody to hear cases. After the first hearing on February 28, the HC has given two weeks to the state government to respond.

Written by Pallavi Smart | Mumbai |
March 6, 2022 1:11:45 am
Bombay High Court (File)

Many parents have recently moved the Bombay High Court seeking that vacant posts in the Maharashtra State Commission for Protection of Child Rights are filled so that it can start hearing cases.

The body has practically remained non-functional for over two years with nobody to hear cases. After the first hearing on February 28, the HC has given two weeks to the state government to respond.

The commission is a statutory body under the Commission for Protection for Child Rights Act, 2005, to protect, promote and defend child rights in the state. Functioning under the state women child welfare department, the commission carries out various activities to ensure adherence to the standards for children prescribed in the Act.

It is also entrusted for hearing grievance cases filed by parents or even taking suo motu cognizance of acts or behaviours impacting children welfare. Currently, all five posts of members in the commission remain vacant. Rubal Agarwal, Commissioner of the Integrated Child Development Service Scheme Maharashtra (ICDS), has been given additional charge of the chairman’s position just two months ago, which was vacant since May 2020.

Prasad Tulaskar, a parent and a member of the Maharashtra Rajya Vidyarthi Palak Shikshak Mahasangha, which has filed the PIL, said: “In 2019, through a Right To Information plea, it was revealed that the commission was hearing 2,041 cases, of which only 905 saw action taken… 1,145 were pending. Almost three years since then, the number of cases must have increased three-fold and there is nobody to hear the pleas and take action.”

“Thanks to the apathy by the state administration, many must have lost faith in the system and stopped approaching the commission.” Another parent member of the organisation, Nitin Dalvi, said how the newest appointee on the post of chairperson is not really of any use, as it is just an additional charge.

“The concerned officer will not be able to actively be involved full time in the proceedings of the commission. More so, it is important to note how this appointment was made in haste, soon after we indicated that we would file a PIL. This appointment was made only last December 2021, after in November, I wrote to the state government with an ultimatum that if appointments are not made in 15 days, we will move court,” Dalvi said.

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