“If There’s a Will, There’s a Way”: HC Slams Delhi Govt | Delay in Appointing DCPCR Chairperson

Today(on 30th April),Delhi High Court voices concern over Delhi government’s failure to appoint a Chairperson for DCPCR since July last year, highlighting inaction. Delay in filling the position raises doubts about the government’s dedication to child rights.

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"If There's a Will, There's a Way": HC Slams Delhi Govt | Delay in Appointing DCPCR Chairperson
DELHI HIGH COURT

NEW DELHI: Today(on 30th April),The Delhi High Court has expressed its concern over the failure of the Delhi government to appoint a Chairperson for the Delhi Commission for Protection of Child Rights (DCPCR). The position has been vacant since July last year, and the Court took a critical note of the government’s inaction in this regard.

According to the information presented to the Court, a file regarding the appointment was forwarded to a Delhi minister in August 2023. However, no progress has been made since then. This delay in filling such an important position has raised serious questions about the government’s commitment to child rights and welfare.

During the hearing, a Division Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was informed that on March 27 this year, the concerned minister mentioned in the file that the appointment of the DCPCR Chairperson cannot be made due to the model code of conduct (MCC) in force during the ongoing election season.

The Central government’s counsel, on the other hand, argued that the MCC does not hinder the appointment of the DCPCR Chairperson. The counsel emphasized that if there is a genuine will, necessary steps can be taken to fill the position promptly.

The Court echoed this sentiment, observing-

“Where there’s a will, there’s a way. It’s all about having the determination. Consider this: from August until now, nothing has transpired.”

The Lieutenant Governor (LG) of Delhi, through their representative, informed the Court that an interim arrangement has been made to address the absence of a Chairperson. The Secretary of the concerned department has been entrusted with the additional responsibility of acting as the DCPCR Chairperson. While this may serve as a temporary solution, it is imperative to appoint a dedicated and qualified individual for the position.

The Court was hearing a plea filed by the National Child Development Council, seeking directions to the government to expedite the appointment of the DCPCR Chairperson. The plea highlighted the lack of information regarding the steps taken to fill the vacancy between August 2023 and March 27, 2024. It also pointed out that the posts of DCPCR members have also remained vacant, further hampering the commission’s functioning.

In response to the plea, the counsel representing the DCPCR suggested that the matter be adjourned until July, when the Lok Sabha elections will conclude, allowing the government to focus on filling the vacancy.

The Court considered this proposal and issued notices on the matter, listing it for further hearing on July 16.

The delay in appointing the Chairperson for the DCPCR has raised concerns about the government’s commitment to protecting the rights and welfare of children in Delhi. The position of the Chairperson is of utmost importance as it plays a crucial role in safeguarding children’s rights and ensuring their well-being. The DCPCR is responsible for addressing complaints, monitoring child-related institutions, and formulating policies to promote child rights.

The petition filed by the National Child Development Council draws attention to the urgency of the situation. It emphasizes the need to prioritize the appointment of the Chairperson and fill the vacant posts of DCPCR members. The Council rightly asserts that the effective functioning of the commission is contingent upon a strong leadership and a complete team of members.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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