HC directs setting up of Child Commission
Source: Hueiyen News Service
Imphal, January 17, 2011:
A ruling of the Gauhati High Court, Imphal, passed on January 10, has directed the state government to set up a commission for protection of child rights under the provisions of Protection of Child Rights Act, 2005 within a period of 10 months.
The directive of the HC was issued after hearing a Public Interest Litigation (PIL) filed by Thokchom Kumarjit of Thangmeiband Hijam Dewan Leikai, Imphal West district through his counsel advocate Meihoubam Rakesh.
Senior Government Advocate Th Ibohal represented the respondent, state Commissioner of Social Welfare, Director of Social Welfare Department and Secretary of Law & Legislative Affairs.
As per the order of the court, the state government is bound to establish the State Commission within December 31, 2011, in any case.
The counsel of the petitioner also provided the court order to the state government requesting the authority concerned to take up appropriate action for establishment of the Manipur Commission for Protection of Child Rights.
Appalled by the attitude and ignorance of the state toward the protection of Child Rights, which the underprivileged and delinquents are entitled to under the Constitution of India and also under the Commission of Protection of Child Rights Act, 2005, Kumarjit, in his petition, sought court intervention in directing the government.
The court noted the contention of the petitioner that the non-implementation of the said Act violates the mandate of the convention on the rights of the child and article 15(3), article 39 (e) and (f) and also Article 45 and 47 of the Constitution.
Provisions of the articles impose a primary responsibility on the state ensuring that all the needs of children are met and that their basic human rights are fully protected.
It also violates Article 21 and 21 (A) of the Constitution of India which provides for the right to live with dignity and right to fair trial and right to free and compulsory primary education for children below the age of 14 years, the court observed.
After the Commission for Protection of Child Rights Bill was passed by the Parliament in December 2005 and received the assent of the President in January, 2006, the National Commission for the Protection of Child Rights (NCPCR) was set up in March 2007. The commission's mandate is to ensure the observance of all laws, politics, perspectives, as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
In order to make effective the CPCR Act, various states and union territories like Assam, Delhi, Goa, Maharashtra, Sikkim, Karnataka, Madhya Pradesh and Rajasthan have established their own State Commissions for Protection of Child Rights.
In Manipur, incidents of child trafficking and the dangerous phenomenon of militants recruiting child soldiers have been taking place in the recent years.
Rescuing children who have been trafficked to outside Manipur has also been reported many times.
The absence of a State Commission for Protection of Child Rights and a Children's Court is an imperative need, the petitioner observed.