Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Commissions for Protection of Child Rights Act 2005 Child trafficking |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Commissions for Protection of Child Rights Act, 2005 (4 of 2006) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Commissions for Protection of Child Rights Act, 2005 – Furnishing of information by the police official – There were news reports in February, 2017 indicating that a child-care institution in West Bengal had indulged in large scale trafficking of children – NCPCR took cognizance of these reports on 03.03.2017 and two members of the NCPCR went to the State and requested the State officials to provide them some information which, according to the NCPCR, was not provided – ADGP, CID was summoned to appear before the NCPCR – ADGP filed writ petition challenging the jurisdiction of the NCPCR to summon him – The High Court stayed the direction of the NCPCR mainly on the ground that since the State Commission had taken cognizance of the matter on 24.02.2017, the NCPCR had prima facie, no jurisdiction – On appeal, held: If any official is asked for information by any of the Commissions, he is duty bound to reply to the letters of the Commissions – One Commission may raise the issue that since it is seized of the matter and is inquiring into it, the National Commission should not start another inquiry, but it is not for the officials to raise such an issue – Whether an inquiry has actually been initiated or not cannot be decided by an official – This has to be decided either by the Commission or by a Court of law – Therefore, ADGP should have furnished the information to the NCPCR rather than challenging the jurisdiction of the NCPCR.Commissions for Protection of Child Rights Act, 2005 – s.13(2) – Whether s.13(2) of the CPCR Act places the two Commissions (the NCPCR and the State Commission) in water-tight compartments where they oust the jurisdiction of each other – Held: There is no question of ouster of jurisdiction of any Commission – The only constraint placed by s.13(2) is that if the State Commission has already started an inquiry, the National Commission should naturally refrain from inquiring into the matter – This, however, does not mean that the National Commission cannot go into the other larger questions which may have led to the specific incidents of violation of child rights which need to be inquired into – Insofar, the inter-State or international ramifications e.g. a child is being illegally sent for adoption abroad – Here again, if the State Commission in such a case asks for assistance from the National Commission or some other State Commission where the child may have been illegally trafficked, the National Commission or the other State Commission(s) should cooperate with the Commission inquiring into the matter – Both the Commissions have to work for the best interest of the children in a spirit of cooperation. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2020 INSC 35 |
Petitioner | National Commission For Protection Of Child Rights & Ors. |
Respondent | Dr. Rajesh Kumar & Ors. |
SCR | [2020] 1 S.C.R. 976 |
Judgement Date | 2020-01-13 |
Case Number | 7968 |
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