Order
1. Ms Indira Jaising, learned Additional Solicitor General appearing for the National Commission for Protection of Child Rights has handed over a list of 19 States/Union Territories which have not constituted Commissions for protection of child rights under Section 17 of the Commissions for Protection of Child Rights Act, 2005:
1. Andaman and Nicobar
2. Andhra Pradesh
3. Arunachal Pradesh
4. Chandigarh
5. Daman and Diu
6. Dadra and Nagar Haveli
7. Gujarat
8. Haryana
9. Himachal Pradesh
10. Kerala
11. Lakshadweep
12. Meghalaya
13. Mizoram
14. Nagaland
15. Puducherry
16. Tamil Nadu
17. Tripura
18. Uttar Pradesh
19. West Bengal.
She seeks issuance of a direction to the aforementioned States/Union Territories for complying with Section 17 of the said Act and to appoint necessary Commissions.
2. Issue notice to the learned counsel appearing for the aforementioned States for 14-1-2013. It is made clear that any instructions that the counsel for the aforementioned States need to take ought to be taken before the next date of hearing as it is the intention of the Court to issue the necessary directions on that date.
3. The learned Additional Solicitor General also points out that similar provisions are also contained in the Protection of Children from Sexual Offences Act, 2012 and the Right of Children to Free and Compulsory Education Act, 2009. She further emphasises that these Commissions are necessary to monitor the implementation of the provisions of the Act. Without such Commissions being appointed, there cannot be effective monitoring for implementation of these Acts. Consequently, all the learned counsel are directed to seek specific instructions as to the steps already taken by the States for implementing the provisions of these Acts and, if not implemented, the time within which the necessary Commissions will be constituted.
4. List this matter on 14-1-2013.
Court Masters