Callousness in filing DCPCR vacancies can't be appreciated: Delhi HC

New Delhi: The Delhi High Court on Monday pointed out "callousness" on the part of the Delhi government in filling vacancies in the Delhi child rights commission and directed the selection process for such posts to be completed in a time-bound manner.

Observing the Delhi Commission for Protection of Child Rights (DCPCR) was not functional since July 2023, a bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela said children rights had taken a backseat in the national capital.

The vacancies in the DCPCR have to be filled within six weeks, the court said.

The bench also expressed concern on the menace of substance abuse among children and directed the authorities to complete the selection of members for District Child Protection Units (DCPUs) within eight weeks.

"There is no gainsaying that the DCPCR performs certain important statutory functions to ensure protection of child rights. However, on account of vacancies, such functions are not being performed, as a result of which it is the rights of the children which take a back seat. Such a situation, resulted on account of callousness on part of the government, cannot be appreciated," the bench said.

After the Delhi government counsel sought time to conclude the process for vacancies in DCPCR, the court said the officials were already in contempt of its order, mandating conclusion of the process by the Department of Women and Child Development within three months.

The court said constituting DCPCR was the duty of the officials, entrusted to them by the legislature.

"Three months' time was given in October (last year). Six months (have lapsed). Not a single day is possible in terms of the earlier order. You are already in contempt," it said.

The bench questioned the counsel for not being able to complete a "simple" selection process since July 2023.

"These measures have been annulled by you. They have been made otiose. Have the officers ever visited New Delhi Railway station or Old Delhi Railway Station or ISBT or other such places? These measures are for the welfare of those children. Is the government not aware of the menace of substance abuse amongst children?" it further asked.

The Delhi government counsel informed the bench that following an advertisement issued in December last year, a screening committee was constituted for DCPCR vacancies on January 31, and a list of eligible candidates should soon be placed before the committee.

For the district units, the counsel said, scrutiny was completed and interviews would be scheduled by April end.

"We thus direct that the selection process for the members of district child units shall be completed within eight weeks from today," the court ordered.

Saying DCPCR was not functional in Delhi since July 2023, and especially that the time granted on October 25, 2024 to fill the vacancies ceased long ago, the bench gave a six-week timeline to fill the posts.

The Delhi government was further directed to file an affidavit to show compliance of the court order.

The court a week ago expressed concerns over vacancies in the Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs).

On Monday, it was informed that all posts had been filled.

"Not only did the Central government approve but the notification has also been issued by the government of the national capital territory of Delhi," additional solicitor general Chetan Sharma said.

While 12 members were notified for JJBs, apart from three names in the reserve, eight chairpersons and 27 members were finalised for the CWC.

The court also asked the Delhi government to file an affidavit with respect to the payment of salaries to members of CWC and JJB.

The court was hearing a matter over the deficiencies in implementation of Juvenile Justice Act.

Senior advocate H S Phoolka and advocate Prabhsahay Kaur appeared for NGO Bachpan Bachao Andolan in the matter, which has sought directions to the Delhi government to expeditiously fill the vacant positions in the child rights bodies within a fixed time period.

The matter would be heard next in July.