The Delhi High Court strongly criticised the State government for failing to appoint the DCPCR Chairperson and members since July 2023, calling the delay unacceptable. The Court questioned the excuse of “transparency” and warned of strict action if appointments are not completed by April 2026.
The Delhi High Court on Wednesday strongly criticised the Delhi government for not appointing the Chairperson and members of the Delhi Commission for Protection of Child Rights (DCPCR), which has remained vacant since July 2023. The Court said the long delay shows a careless attitude towards an important statutory body meant to protect children’s rights.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia noted that the key posts in the DCPCR have been vacant for more than two and a half years. The judges expressed serious concern over the functioning of the Commission, which is legally required to safeguard the rights and welfare of children in the national capital.
The Court made it clear that it was not satisfied with the explanation given by the Delhi government that the delay was due to efforts to ensure transparency in the appointment process.
“More than one year time has elapsed. This shows your attitude. Thank you for progressing at snail’s pace since July 2023. You are justifying that the time taken is essential for transparency? 3 years time to make a simple appointment?” the Bench told Delhi government’s standing counsel, Sameer Vashisht.
The matter was being heard in a petition filed by the National Child Development Council. The petitioner sought directions to the Delhi government to immediately appoint the Chairperson and members of the DCPCR so that the Commission can start functioning properly.
According to the petition, although a proposal to fill the vacancies was made in August 2023, there was no record of any concrete steps taken between August 2023 and March 2024. In March 2024, the concerned Minister reportedly cited the Model Code of Conduct as a reason for not making the appointments. The petitioner also pointed out that in the meantime, even the posts of members of the DCPCR have fallen vacant.
The Court was visibly unhappy with the continued delay and questioned the government’s approach.
“Not a single person has been appointed till now. Abandon this, scrap this Act. Who stops you? You find appropriate and essential 3 years of time? You have taken time from July 2023 to February 2026 and are justifying?”
the Bench asked.
The judges again highlighted the prolonged delay and repeated their concern.
“You have taken time from July 2023 to February 2026 and are justifying?”
The Delhi government had earlier filed an affidavit in compliance with the Court’s order dated February 6. The affidavit stated that necessary action has been taken and that the process of appointment is likely to be completed by April 2026.
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However, the Court was not convinced and said stricter steps might be required.
“Mr. Vashisht, you need some harsher action. In November 2025 you had said that everything is complete and selection committee is to be constituted. Since then, what have you been doing? In case of a casual vacancy, it has to be filled in 90 days and for this vacancy it is 3 years?”
the Court remarked.
During the hearing, the Court was informed that the selection committee has already met twice and that the Chief Minister is the chairperson of the committee responsible for the appointments.
The Bench reminded the government that the DCPCR is a statutory body created under law and the State is legally bound to ensure that it functions.
“If such a long period of time is essential in maintaining transparency and fairness and in ensuring that more suitable candidate is appointed, in our opinion, the State government will have to rethink. It is needless to observe that DCPCR is a creation of legislative enactment, State government is bound by this legislative mandate,”
the Court observed.
The Court further warned the Delhi government that if the appointment process is not completed within the time promised in the affidavit, the matter will be taken seriously.
“Kya karte hain aap? Better option is to scrap the Act,”
Chief Justice remarked.
In response, the government’s counsel said that he was not trying to justify the delay and assured the Court that the appointments would be completed soon.
“I am not giving any justification. It will be done. I am on receiving end. I do not have much to say. Once DCPCR starts functioning, things will streamline,”
Vashisht replied.
The Court also took note of the important responsibilities of the DCPCR. The Commission has the mandate to monitor the implementation of key child protection laws such as the Commission for Protection of Child Rights Act, 2005, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The judges observed that the non-functioning of the Commission directly affects the enforcement of these crucial laws.
“We are at loss of words to express ourselves on the stance taken by GNCTD where they have failed to ensure that the Commission functions Such delay not only belies legislative mandate of Commission for Protection of Child Rights, Juvenile Justice Act, POCSO Act, but also leaves various lacunae in the effort to ensure the welfare and other measures that ought to be made available to juveniles and children of this state,”
the Court stated.
The Bench once again criticised the slow pace of the government’s action.
“Thank you for progressing at snail’s pace. You are justifying that the time taken is essential for transparency? 3 years time to make a simple appointment?”
At the end of the hearing, the Court said it expects the government to honour its statement made in the affidavit and complete the appointment process by early April 2026.
“We thus hope and expect that the statement made in paragraph 4 of the affidavit shall be honoured and process shall be completed by the second of April 2026,”
the order said.
The matter is now listed for further hearing on April 15, 2026.
It is important to note that earlier the same day, in a separate matter, the Delhi High Court had also asked the Delhi government to explain why the Delhi Commission for Women (DCW) has been non-functional for nearly two years.
The repeated observations by the Court show growing judicial concern over key statutory commissions in Delhi remaining inactive for long periods, especially those meant to protect vulnerable sections like women and children.
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