P.D. Naik JUDGMENT
Abhay Shreeniwas Oka, J.
1. The submissions were heard on the last date. We will have to make a brief reference to the controversy in this Public Interest Litigation. Essentially, this PIL has been filed by the Petitioner inviting attention of the Court to the fact that the provisions of the Commissions for Protection of Child Rights Act, 2005 (for short "the said Act") are not being implemented in its true letter and spirit in the State of Maharashtra. The first contention is about failure of the State Government to constitute a State Commission for Protection of Child Rights (for short "State Commission") in accordance with Section 17 of the said Act. The second contention is that there is a non-compliance with the provisions of the Sub-section (1) of Section 4 of the Right to Information Act, 2005 (for short "the said Act of 2005") by the State Commission as well as the National Commission established under the said Act. The third point which is canvassed by the learned counsel appearing for the Petitioner is regarding remuneration/salary payable to the Chairperson and members of the State Commission. It is also pointed out the manner in which the present Secretary of the State Commission is passing orders. The fourth contention is regarding creation of helpline for children and the last contention urged is about the appointment of Public Prosecutors having special knowledge in the subject. We have also heard learned counsel appearing for the Government of India as well as the learned AGP for the State. We have perused the affidavit filed on record by Shri Jamsing Bijesing Girase, the District Woman and Child Development Officer on behalf of the State Government.
2. Before we deal with the submissions, it will be necessary to make a reference to the relevant provisions of the said Act and the scheme of the said Act. The Act has been enacted to provide for the constitution of a National Commission and the State Commissions for Protection of Child Rights and establishment of the Children's Courts for providing speedy trial of offences against children or of violation of child rights. The provisions of the said Act are based on the Convention on the Rights of the Child (CRC) dated 11th December 1992. As per the CRC, it was incumbent upon the signatory States to take all necessary actions to protect the children's rights which are set out in the said Convention. The Central Government adopted a National Charter for Children in the year 2003. The Statement of Objects and Reasons of the said Act notes very important fact that the India has the largest child population in the world.
3. The definition of the "child rights" incorporated in Clause (b) of Section (2) of the said Act is very wide. Clause (b) reads thus:
"2(b) "child rights" includes the children's rights adopted in the United Nations convention on the Rights of the Child on the 20th November 1989 and ratified by the Government of India on the 11th December, 1992".
4. Chapter II in the said Act deals with the National Commission for protection of child rights, constitution of the National Commission and other ancillary provisions. It also provides for procedure for transaction of business by the National Commission. Chapter III deals with functions and powers of the Commission. Section 3 provides for constitution of the National Commission. Section 17 of Chapter IV provides for constitution of State Commission. Various provisions are made regarding appointment of Chairperson and other members as well ........