Fill vacant posts on child rights panel in three months: HC to State

The Bombay high court has directed the state government to fill vacant posts on the Maharashtra State Commission for Protection of Child Rights (MSCPCR) within three months and to initiate the process for filling anticipated vacancies at least four months in advance. This comes after a public interest litigation (PIL) was filed highlighting inadequacies in the state government's efforts to protect the rights of children. The court also noticed understaffing issues in other child protection institutions and issued similar directives.

MUMBAI: The Bombay high court recently directed the state government to fill vacant posts on the Maharashtra State Commission for Protection of Child Rights (MSCPCR) in three months and to initiate the process for filling up anticipated vacancies at least four months in advance.

(HT Photo)

A division bench of justice Nitin Jamdar and justice MM Sathaye issued the directive on a public interest litigation (PIL) filed by Bachpan Bachao Andolan, an organisation working to safeguard the rights and well-being of children. It had moved the high court through its executive director, Dhananjay Tingle, highlighting inadequacies and deficiencies in the state government’s efforts to protect the rights of children and for proper implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Maharashtra.

In its PIL, the petitioner body also highlighted that the state had not complied with several directions issued by the Supreme Court in February 2018 on a PIL filed by its director Sampurna Behura, especially regarding vacancies on the statutory bodies created under the 2015 enactment.

The bench accepted their contentions after noticing that posts have remained vacant on several statutory bodies and issued similar directions to fill up vacancies on State Level Child Rights Protection Society and District Level Child Rights Protection Units and vacancies on the Juvenile Justice Boards and the Child Welfare Committees across the state.

“In the state of Maharashtra, many obligations have remained to be fulfilled, particularly in staffing, reporting, and implementing technology in the context of child protection,” said the bench. “A key area of concern is the inadequate staffing levels in the institutions responsible for child welfare. The failure to appoint personnel on time has resulted in a lack of staffing in the Commission and District Child Protection Units, hindering effective functioning for the benefit of children,” it added.

The court also noticed the fact that the State Child Protection Society, responsible for implementing the 2015 Act also faced understaffing issues and vacant positions, including critical roles like Probation Officers, rehabilitation measures, and penalties crucial for child protection.

The court issued the directives for filling up vacant posts, observing that “insufficient personnel affect the monitoring and protection of children in need.”