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This is an archive article published on May 22, 2012

Child rights protection panel must: HC to UT

Making it clear that it cannot run away from its responsibility of setting up a commission for protection of child rights,the Punjab and Haryana High Court today told the Chandigarh Administration that the setting up a commission or centralised agency for the protection of child rights is mandatory.

Making it clear that it cannot run away from its responsibility of setting up a commission for protection of child rights,the Punjab and Haryana High Court today told the Chandigarh Administration that the setting up a commission or centralised agency for the protection of child rights is mandatory. Showing little conviction in the argument raised by the Administration that there is no need to have a separate Commission,the High Court today expressed surprise over the “peculiar” stand taken by the Administration.

The directions were passed during the resumed hearing on a public interest litigation (PIL) filed by social activist Hemant Goswami seeking directions to set up a commission for protection of child rights. Till now,the Chandigarh Administration had been opposing the demand of setting up a commission for protection of child rights.

The Administration today took the plea that a child welfare committee was set up on March 18,2009. It was pointed out by Advocate Anil Malhotra that the tenure of the said committee has already expired. Malhotra is the counsel for the National Commission for Protection of Child Rights (NCPCR)

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Last year the Administration had filed an affidavit opposing the commission,stating that “the Government of India has given directions to Chandigarh to set up a state commission for protection of child rights under the protection of the Child Rights Act,2005,but the Chandigarh Administration had taken up the matter with the Ministry of Women and Child Development and National Commission for Protection of Child Rights to exempt Chandigarh from having a separate sate commission. Moreover,Chandigarh has no legislature of its own as Parliament legislates for Chandigarh. However,it is ensured that all the benefits are made available to deserving children and all schemes and programmes relating to the welfare of children are implemented in letter and spirit”.

The counsel for the Administration reiterated that it has sought exemption from the Central government. Refusing to entertain this averment and terming it as misconceived,the High Court highlighted the significance of having a Commission or central agency to safeguard the rights of children. The Chandigarh Administration has been given one week’s time to clarify it’s stand on the issue. The matter will now come up for resumed hearing on May 28.

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