Exercise set into motion by Social Welfare Deptt
Mohinder Verma
JAMMU, Aug 3: Union Territory level Commission for providing speedy trial of offences against the children or of violation of child rights will be constituted shortly in Jammu and Kashmir as an exercise in this regard has already been initiated by the Social Welfare Department.
As per the notification issued by the Department of Jammu, Kashmir and Ladakh Affairs of the Ministry of Home Affairs, in pursuance of the power conferred under Clause (1) of Article 239 of the Constitution, the President directs that the powers and functions of the State Government under the Commission for Protection of Child Rights Act, 2005 shall, subject to the control of the President and until further order, be exercised by the Lieutenant Governor of the Union Territory of Jammu and Kashmir within the Union Territory of Jammu and Kashmir.
The conferring of the powers of the State Government on the Lieutenant Governor was imperative as Section 17(1) of the Commission for Protection of Child Rights Act, 2005 states that a State Government may constitute a body to be known as the Commission for Protection of Child Rights to exercise the powers conferred upon and to perform the functions as assigned, official sources told EXCELSIOR.
The Social Welfare Department had framed Draft Rules for carrying out the provisions of the Act but the same could not be finalized for want of issuance of notification by the Ministry of Home Affairs in order to confer powers of the State Government on the Lieutenant Governor, sources said, adding “now, with the issuance of the notification the decks have been cleared for framing of the UT-level Commission for providing speedy trial of offences against the children or of violation of child rights”.
The UT level Commission shall consist of a Chairperson, who shall be a person of eminence and has done outstanding work for promoting the welfare of children, and six members, out of which at least two shall be women from the field of education; child health care, welfare or child development; juvenile justice or care of neglected or marginalized children or children with disabilities; child psychology or sociology and having knowledge of laws relating to children.
The Chairperson shall be appointed on the recommendation of a three member selection committee to be constituted by the Government and the Chairperson and Members shall hold the office for a term of three years from the date on which they assume office.
As per the Central Act, for the purpose of providing speedy trial of offences against children or violation of child rights, the Government may, with the concurrence of the Chief Justice of the High Court, specify at least a court in the UT or specify for each district a Court of Session to be a Children’s Court to try the offences.
The Commission will have the powers to examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation; inquire into violation of child rights and recommend initiation of proceedings in such cases; examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, natural disaster, domestic violence, trafficking, mal-treatment etc and recommend appropriate measures.
The Commission, while inquiring into any matter, shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and in particular in respect of summoning and enforcing the attendance of any person and examining him on oath; discovery and production of any document; receiving evidence on affidavits; requisitioning any public record etc.
Moreover, the Commission will have the powers to recommend to the concerned authority the initiation of proceedings for prosecution or any other action when the inquiry discloses the violation of child rights of a serious nature or contravention of the provisions of any law for the time being in force.
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