Protection of women and child rights
Courts for speedy trial of offences yet to be established
Mohinder Verma
JAMMU, Apr 1: State Government has failed to formally establish Commission for Protection of Women and Child Rights even over three months after the enactment of legislation in this regard by the Governor Satya Pal Malik. Moreover, sufficient courts to ensure speedy trial of offences against children have yet not been set-up.
In order to effectively safeguard the rights of these vulnerable sections of the society, the Governor in exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated June 20, 2018 had on December 14, 2018 enacted the Jammu and Kashmir State Commission for Protection of Women and Child Rights Act.
However, despite lapse of over three months the Government has neither formally set-up the Commission nor courts thereby defeating the objective behind the urgency shown in the enactment of legislation by the Governor, official sources told EXCELSIOR.
Though in response to the Government notification several nominations for the posts of Chairperson and Members of the Commission were received yet the process has not reached the logical conclusion till date, they said.
Expressing inability to specify the time-frame for making the Commission functional, sources informed that the selection committee headed by Advisor Khurshid Ahmed Ganai, who looks after the affairs of the Social Welfare Department, has yet not made any recommendation to the Government for appointment of Chairperson and Members.
It is pertinent to mention here that eminent persons, who have done outstanding work for protection and welfare of women and children are eligible for the post of Chairperson.
As per the Act, there shall be four members nominated by the Government, out of whom one shall be permanent and a woman and three part time members out of which at least two shall be women committed to the cause of women and child rights and must be persons of eminence, ability, integrity, standing and experience in the fields of education, child health or child development, juvenile justice, elimination of child labour, child psychology and laws relating to children.
“Three and half month was sufficient period to invite and dispose of nominations in order to make the Commission fully functional but the Social Welfare Department has failed to translate the objective behind the enactment of Act into reality”, sources regretted.
The dilly-dallying approach in formal establishment of Commission is notwithstanding the fact that Commission is also supposed to investigate, examine and review all matters relating to the safeguards provided for women and child rights under the Constitution and any law for the time being in force for their protection and recommend measures for their effective implementation.
The Commission has also been entrusted with the powers to take up the cases of violation of the provisions of the Constitution and other laws relating to the women and child with the appropriate authorities, examine all factors that inhibit the enjoyment of rights of women and children affected by terrorism, communal violence, riots, natural disaster, domestic violence, maltreatment, torture and exploitation.
The functions and powers of the Commission also include inspection or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children under the control of Government or any other authority and inquire into complaints and take suo-moto notice of matters relating to deprivation and violation of women and child rights; non-implementation of laws enacted to provide protection to women and children and also achieve the objective of equality and development.
“Even sufficient number of courts for providing speedy trial of offences against children have not been established till date”, sources said.
This can be gauged from the communication of High Court to all the Principal District and Sessions Judges whereby information pertaining to total number of pending criminal cases involving women and children has been sought in order to pave the way for setting up of Fast Track Special Courts.
It is pertinent to mention here that these courts are required to be set up with the concurrence of the Chief Justice of the High Court by notification.
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