Several parents have recently moved the Bombay High Court seeking to fill up vacancies in the Maharashtra State Commission for Protection of Child Rights so that it can start hearing cases.
The body has practically remained non-functional for more than two years and there is no one to hear the cases. After the first hearing on February 28, the High Court has given the state government two weeks to respond.
The Commission is a statutory body under the Protection of Child Rights Act, 2005 to protect, promote and defend child rights in the state. Working under the State Women and Child Welfare Department, the commission conducts various activities to ensure adherence to the standards for children prescribed in the Act.
It is also mandated to hear complaints filed by parents or take suo motu cognizance of acts or practices affecting the welfare of children. At present all the five posts of members in the commission are vacant. Integrated Child Development Services Scheme Maharashtra (ICDS) commissioner Rubal Agarwal has been given the additional charge of the chairperson’s post, which was vacant since May 2020, just two months ago.
Prasad Tulaskar, a parent and member of the Maharashtra State Vidyarthi Palak Shikshak Mahasangh who filed the PIL, said: “In 2019, through the Right to Information litigation, it was learned that the commission was hearing 2,041 cases, of which Action taken was seen in only 905… 1,145 were pending. Almost three years from then, the number of cases would have tripled and there is no one to hear the arguments and act. ,
“Thanks to apathy by the state administration, many people would have lost faith in the system and stopped approaching the commission.” Another original member of the organization, Nitin Dalvi said how the newest appointment to the post of president is really of no use, as it is just an additional fee.
“The officers concerned will not be able to actively participate in the proceedings of the Commission full time. Also, it is important to note how this appointment was made in haste, when we indicated that we would be filing a PIL. This appointment happened last December 2021 only, after November, I wrote to the state government with an ultimatum that if the appointments are not made in 15 days, we will move the court,” Dalvi said.