Government delay killing children’s homes, Juvenile Justice Board

The issue has its source in such appointments becoming political rather than by experts with apt qualifications and experience to effectively run such sensitive bodies professionally. In fact, the appointment of Dr. Kalayani Mathivanan, former vice-chancellor, Madurai Kamaraj University as Chairperson of the Tamil Nadu Commission for Protection of Child Rights (TNCPCR) was challenged as the government had failed to follow the prescribed process.

The petitioner Narayanan, director, Change India, who through a PIL has been seeking mandatory registration of child care homes in the State and to close down all illegal homes functioning with minimum facilities, had submitted that Kalyani’s appointment was made in complete breach of assurance the Government had offered the Court that as per rules it would issue press release in dailies inviting applications for the post.

The first bench headed by the then Chief Justice Sanjay Kishan Kaul had held, “It is quite obvious that the process has not been followed.” The then Chief Justice had also cautioned the state government that it would step in if the authorities failed to review the appointment process.

Fearing the scope of judicial intervention, the state government recalled Kalyani from the post. But now in a fresh counter the government has submitted that in pursuance to the court direction based on advertisement in dailies and websites as many as 75 applications received and of them 54 of them have been found eligible. 

However, with regard to the reconstitution of the Child Welfare Committee and Juvenile Justice Boards in 32 districts of Tamil Nadu, the affidavit claimed that the list of candidates have been received from the selection panel of the concerned district and the same is under the consideration of the Government. Necessary orders reconstituting the above child welfare committees and juvenile justice boards will be issued at the earliest.

A similar stoic submission has been made with regards to framing of state rules in pursuance to the Juvenile Justice (Care and Protection of Children) Act 2015, that it is under the active consideration of the Government and same will be notified in the Gazette at the earliest.

But looking at the backdrop of a couple of children being killed and one of them raped, the non-functioning of these child welfare committees owing to Government inaction and lethargy comes into sharp focus. 

Narayanan while citing the earlier order in this regard which called for urgent action from the Government, said “We don’t know whether to fight for justice and protection of children from the Government or Courts. Such non application of mind and insensitivity and contempt for child protection laws by Government as well as Courts show that we need to travel long before some progress is made.”