DB directs Govt to consider establishment of State Commission for protection of child rights

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STATE TIMES NEWS

JAMMU: A Division Bench of J&K High Court Jammu Wing comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani, while hearing a Public Interest Litigation filed by Adv Shivan Mahajan against child abuse, disposed of the Public Interest Litigation with directions to the Government to consider establishment of State Commission for Protection of Child Rights in the light of provisions of Section 17 of Act and Guidelines or the directions that may have been issued or likely to be issued by National Commission for Protection of Child Rights.
When PIL came-up for hearing, the Division Bench observed that petitioner, by means of the Public Interest Litigation, is seeking to espouse cause of child rights under provisions of Commissions for Protection of Child Rights Act, 2005. DB further observed that various status reports have been filed from time to time, pursuant to the directions issued by Court and in view of aforesaid reports, it is apparent that State Government has taken sufficient steps for the protection of child rights but still the cause of concern which remains is non-establishment of State Commission for Protection of Child Rights.
During the course of hearing Adv Shivan Mahajan submitted that it is very necessary in every State to have a State Commission for Protection of Child Rights and so a direction be issued to the government for establishing one in the Union Territory as well and further pointed out that National Commission is discussing the matter and shortly some guidelines are likely to be laid down in establishing a State Commission in J&K as well.
DB, after seeing provisions of Commission for Protection of Child Rights Act 2005, found that Section 17 thereof envisages constitution of a body known as State Commission for Protection of Child Rights.
DB observed that bare reading of aforesaid provision revealed that the State Government may constitute such a Commission but it is not mandatory for every State to do so and disposed of PIL with directions to the Government to consider establishment of the State Commission for Protection of Child Rights in light of the provisions of Section 17 of the Act and guidelines or the directions that may have been issued or likely to be issued by National Commission for Protection of Child Rights.

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