NATIONAL LEGAL RESEARCH DESK
W.P (PIL) No. 139 of 2011, delivered on 16 August, 2011, in the High Court of Jharkhand at Ranchi.
This Public Interest Litigation has been filed by the writ petitioner seeking directions for the respondent-State to adopt the scheme/ action plan framed by the National Commission for Protection of Child Rights with necessary and appropriate modifications as applicable to the State of Jharkhand and to constitute a State Commission for Protection of Child Rights as per the provisions contained in ‘The Commission for Protection of Child Rights Act 2005’ and to constitute Child welfare Committees, children’s homes, shelter homes and to implement the provisions contained in the Juvenile Justice (Care and Protection of Children) Act, 2000. The petitioner’s endeavor was for rehabilitation of all children and other victims of trafficking who have been rescued from other States and repatriated back to the State of Jharkhand.
The Court observed that “…the law, the Commission for Protection of Child Rights Act 2005, was created in the year 2005, ipso facto, cannot give the benefit to a single child unless there is will of persons to implement the said law.”
The Court in this case showed its concern by stating that “the welfare Department of the State should not only agree for protection of rights of child but must act in protecting the rights of child. Therefore, we would like to know from the State as to what steps have been taken by the State to find out whether it is right time for the State to establish and constitute the State Commission for protection of child rights so as to not to log behind to all others who are working in the field of protecting the child rights.” Thus, it ordered the State to act to further the rights of the under-privileged children.