Sampurna Behrua vs. Union Of India Ministry Of Human Resources And Development Through Its Secretary

\204fITEM NO.13 COURT NO.4 SECTION PIL(W) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 473/2005 SAMPURNA BEHRUA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With application for exemption from filing O.T. and interim directions and modification and permission to file additional documents and Office Report) Date : 05/04/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv. Mr. Anant Asthana, Adv. Ms. Sneha Mukherjee, Adv. Ms. Jyoti Mendiratta,Adv. For Respondent(s) Mr. P.S. Patwalia, ASG UOI Mrs. V. Mohana, Sr. Adv. Mr. Ajit Kr. Sinha, Sr. Adv. Mr. S. Wasim Quadri, Adv. Ms. Kreeti Joshi, Adv. Mr. R.K. Rathore, Adv. Ms. Alka Agrawal, Adv. Mr. S.K. Pathak, Adv. Mr. S.N. Terdal, Adv. Mr. Ajay Amritraj, Adv. Mr. Dhruv Sheoran, Adv. Mr. G.S. Makkar, Adv. Ms. Sunita Sharma, Adv. Mr. Vikas Bansal Ms. Gunwant Dara, Adv. Ms. Munmun Goswami, Adv. Mr. Raj Bahadur, Adv. NALSA Ms. Indu Malhotra, Adv. Mr. Gagan Gupta, Adv. AP Mr. Guntur Prabhakar, Adv. Ms. Prerna Singh, Adv. 1 Arunachal Pradesh Mr. Anil Shrivastav, AOR Assam Mr. Shuvodeep Roy, AOR Bihar Mr. Gopal Singh, Adv. Mr. Manish Kumar, Adv. Chhattisgarh Mr. Aniruddha P. Mayee, AOR Mr. A. Selvin Raja, Adv. Goa Mr. Arjun Bobde, Adv. Ms. Richa Relhan, Adv. Mr. Rajat Joseph, Adv. Gujarat Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv. Ms. Mamta Singh, Adv. Haryana Dr. Monika Gusain, Adv. H.P. Mr. Suryanarayana Singh, AAG Ms. Pragati Neekhra, AOR J&K Mr. M. Shoeb Alam, Adv. Ms. Fauzia Shakil, Adv. Mr. Ujjwal Singh, Adv. Mr. Mojahid Karim Khan, Adv. Jharkhand Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Jayesh Gaurav, Adv. Mr. Ratan Kr. Choudhuri, Adv. Kerala Mr. C.K. Sasi, AOR Karnataka Mr. V. N. Raghupathy, Adv. Mr. Lagnesh Mishra,Adv. Mr. Parikshit P. Angadi, Adv. Mr. Prakash Jadhav, Adv. Maharashtra Mr. Barun Kumar Sinha, Adv.

Mr. Nishant R. Katneshwarkar, Adv. Manipur Ms. Sapam Biswajit Meitei, Adv. Mr. Naresh Kumar Gaur, Adv. Mr. M.N. Singh, Adv. Mr. Ashok Kr. Singh, AOR. Meghalaya Mr. Ranjan Mukherjee, AOR

2

M.P. Mr. Mishra Saurabh, AOR. Mizoram Mr. Pragyan Sharma, Adv. Mr. Shikhar Garg, Adv. Mr. P. V. Yogeswaran, AOR Nagaland Mrs. K. Enatoli Sema, Adv. Mr. Edward Belho, AAG Mr. Amit Kumar Singh, Adv. Mr. K. Luikang Michael, Adv. Ms. Elix Gangmei, Adv. Mr. Z.H. Issac Haiding, Adv. Orissa Mr. Sibo Sankar Mishra,AOR. Mr. Umakant Mishra, Adv. Mr. Niranjan Sahu, Adv. Mr. Raj Kumar Parashar, Adv. Punjab Mr. Ajay Bansal, AAG Mr. Gaurav Yadava, Adv. Mr. Kuldip Singh, Adv. Rajasthan Mr. Ajay Kapur, AAG Mr. Anirudh Singh, Adv. Mr. Milind Kumar, AOR Sikkim Ms. Aruna Mathur, Adv. Mr. Avneesh Arputham, Adv. Mr. Amit Arora, Adv. Ms. Anuradha Arputham, Adv. for M/s Arputham Aruna & Co. Tamil Nadu Mr. B. Balaji, AOR Mr. S. Kumar, Adv. Telangana Mr. S. Udaya Kumar Sagar, Adv. Mr. Mrityunjai Singh, Adv. Tripura Mr. Gopal Singh, AOR Mr. Rituraj Biswas, Adv. Ms. Varsha Poddar, Adv. Uttarakhand Mr. Jatinder Kumar Bhatia, AOR Mr. A.K. Sharma, Adv. U.P. Ms. Pragati Neekhra, AOR Mr. Utkarsh Sharma, Adv. WB Ms. Nandini Sen, Adv. Mr. Chanchal Kr. Ganguli, AOR 3 A&N Mr. Bhupesh Narula, Adv. Mr. K.V. Jagdishvaran, Adv. Ms. G. Indira, AOR Puducherry Mr. V. G. Pragasam, AOR Mr. Prabu Ramasubramanian, Adv. Mr. Anuvrat Sharma,Adv. Mr. Arun K. Sinha,Adv. Mr. Avijit Bhattacharjee,Adv. Mr. Balaji Srinivasan,Adv. Mr. B. S. Banthia,Adv. Mr. T.N. Rama Rao, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. T. Veera Reddy, Adv. Mr. G. N. Reddy,Adv. Mr. Khwairakpam Nobin Singh,Adv. Mr. Naresh K. Sharma,Adv. Mr. P. V. Dinesh,Adv. Mr. Radha Shyam Jena,Adv.

• Mr. Ratan Kumar Choudhuri,Adv.
• Mr. T. Harish Kumar,Adv.

Ms. Asha Gopalan Nair,Adv. Ms. Kamini Jaiswal,Adv. Ms. Sushma Suri, Adv. M/s. Venkat Palwai Law Associates UPON hearing the counsel the Court made the following O R D E R Learned Additional Solicitor General has brought to our notice the following status report as on 05.04.2017 in respect of the 4 State Commission for Child Rights: 1. Andhra Pradesh Six members joined in the month of February, 2014 but Chairperson had not joined. The term of 3 years of the existing members in SCPCR had expired in the month of February, 2017. Hence, the action is under process for appointment of Chairperson and Members of AP SCPCR. 2. Assam The process for appointment of Chairperson and 4 members of the Commission is under process and will be completed shortly. At present Smt. Runumi Gogoi, Member of the Commission is temporarily holding the charge of the Chairperson. 3. Bihar The State Government notified the selection of the following Chairperson and members on the SCPCR vide notification no. 362 and 363 respectively dated 21.02.2014:- (i) Mrs. Nisha Jha, Chairperson (ii) Mrs. Aparna Singh, Member (iii)Mrs. Lalita Jaiswal, Member (iv) Dr. Nishichandra Kinjalk, Member (v) Mr. Arun Kumar Verma, Member (vi) Mr. Satyendra Kumar Gautam, Member In the year 2016, the Chairperson and members appointed vide notification nos. 362 and 363 resigned voluntarily on 17.05.2016 and the same has been accepted by the State Government. Currently, the administrative functions of the Commission are being looked after by the Member Secretary of the SCPCR. Selection of 5 Chairperson and members is under process presently. 4. Chandigarh Ms. Harjinder Kaur Chairperson 16-03-2017 For a period of 3 years Note: The two members of the Chandigarh Commission for Protection of Child Rights have been appointed vide notification No. SW3/SCPCR/2014/11607 dated 10.12.2014 for a period of 3 years. The term of the members is likely to expire on 09.12.2017. 5. Delhi The Department of WCD, GNCTD has already published an advertisement in the leading newspapers on 22.12.2016 to fill up the vacancies of the Chairperson and Members of the Delhi Commission for Protection of Child Rights (DCPCR). The meeting of the Selection Committee was held on 01.03.2017 under the Chairmanship of Minister (WCD)/Dy. C.M. for the post of Chairperson DCPCR. The file has been sent to the Lt. Governor, Govt. of NCT of Delhi for approval of the appointment of selected candidate for the post of Chairperson, DCPCR. The process for appointment of Member, DCPCR is under process. 6. Goa Response awaited 7. Gujarat The State Government has constituted Gujarat State Commission for Protection of Child Rights vide notification dated 28.09.2012. The State Government has appointed Smt. Jagrutiben Harenbhai Pandya as a Chairperson for the Gujarat State Commission for Protection of Child Rights vide notification dated 13.01.2016 for three years 6 tenure. Appointment of members for the commission is under

consideration.

7. Kerala Kerala State Commission for Protection of Child Rights came into existence on 03/06/2013 consisting of a Chairperson and six other members for a period of 3 years. Smt. Shobha Koshy is the present Chairperson of the commission who was appointed on 06/03/15 for a period of 3 years and the term of the other members expired on 07/01/2017. Subsequent steps are being taken to fill up the vacancies and the process is still continuing. 8. Madhya Pradesh Mr. Raghvendra Sharma Chairperson completed by March, 2019 Mrs. Nirmla Barela Members completed by February, 2020 Note: The rest of the vacancies will be filled as early as possible. 9. Maharashtra The process of appointment of Chairperson and six members of State Commission for Protection of Child Rights are at final stage. At present, the additional charge of Chairman, Maharasthra State Commission for Protection of Child Rights is given to the Secretary, Women and Child Development Department. 10. Odisha Smt. Kasturi Mohapatra Chairperson 26-03-2015 25-03-2018 Mrs. Rajalaxmi Das Member 05-01-2015 04-01-2018 Ms. Sandhyabati Pradhan Member 05-01-2015 04-01-2018 Out of 6 members, 2 Members are present and steps have already 7 been taken for filling up of the vacant positions of Members of Odisha Commission for Protection of Child Rights. 11. Tamil Nadu Vacant Chairperson Thiru P. Sundaraparipooran Member 05-03-2014 04-03-2017 Thiru S. Mouleeswaran Member 12-03-2014 11-03-2017 Thiru M. Ramachandran Member 07-03-2014 06-03-2017 Thiru C. Selvakumar Member 05-03-2014 04-03-2017 Tmt. T Jayanthi Rani Member 06-03-2014 05-03-2017 Dr. A.D. Revathy Member 05-03-2014 04-03-2017 Note: Tmt. Saraswathi Rangasami, Chennai was appointed as Chairperson to SCPCR vide G.O. (Ms) No. 02, SW & NMP Dept. Dated 02.01.2013. Her tenure expired on 17.01.2016 and the post is vacant at present. The Secretary, SCPCR has called for application for filling up of the post of Chairperson through Press Release and had sent the applications received by the Commission to Government for necessary action. After a thorough scrutiny and after a careful consideration of the qualifications and experience of the eligible candidates, based on the recommendation of the Selection Committee, the Government shall appoint a person of eminence who has done outstanding work for promoting the welfare of the children as Chairperson of Tamil Nadu Commission for Protection of Child Rights. 12. Telangana Government of Telangana have issued orders for constitution of State Commission for protection of Child Rights vide G.O. Ms.NO. 8 11, Department for Women, Children, Disabled & Senior Citizens,

dated:25-11-2014 with a Chairperson and 6 members, out of which 2 shall be women and rules were also framed vide G.O. Ms. No. 3, Department for Women, Children, Disabled & Senior Citizens dated: 20-01-2015. Notification was also issued inviting applications from the eligible candidates for appointment of Chairperson and members of the Commission. The appointment of the Chairperson and

members of the Commission is under process. 13. Tripura Smt. Rupa Ganguly Chairperson 24.02.2014 24.02.2017 Shri Paramartha Datta Members 24.02.2014 24.02.2017 Dr. Sanjib Debbarma Members 24.02.2014 24.02.2017 Smt. Indira Dhar Members 24.02.2014 24.02.2017 Smt. Padma Datta Gupta Members 24.02.2014 24.02.2017 Shri Pramod Ranjan Das Members 24.02.2014 24.02.2017 Smt. Rita Debbarma Members 24.02.2014 24.02.2017 Note: The process for re-constitution of Tripura State Commission for Protection of Child Rights (TCPCR) has been initiated and would be notified shortly. 14. Uttarakhand Shri Yogender Khanduri Chairperson 20.05.2015 Smt. Beena Joshi Member 07-02-2014 06-02-2017 Shri Aashish Uniyal Member 21-02-2014 20-02-2017 Smt. Anima Haldar Member 05-03-2014 04-03-2017 9 Smt. Jaya Mishra Member 06-02-2014 05-02-2017 Dr. Zeeshan Ali Member 12-02-2014 11-02-2017 Shri Shailendra Shekhar Kargeti Member 16-09-2015 It is obvious from the above that there are 14 States that are in clear violation of Section 18 of the Commissions for Protection of Child Rights Act, 2005. Under the circumstances, these State Governments should fill up all the vacancies of the Chairperson/Members under the Commissions for Protection of Child Rights Act, 2005 within four weeks from today subject to payment of costs of Rs.50,000/- to be deposited by each State Government within three weeks with the Supreme Court Legal Services Committee for utilization of juvenile justice issues. It is made clear that in case the appointments are not made, we may require the presence of the Secretary of the Women and Child Development Department in the concerned State Government to explain the difficulty in doing so and for violating the law. We may record the fact that the statute referred to is a parliamentary law and the provisions thereof must be adhered to by the State Governments. List the matter on 11 th July, 2017. (Meenakshi Kohli) (Sharda Kapoor) Court Master (SH) Court Master (NS) 10