The Delhi High Court has warned the Women and Child Development (WCD) department that continued delay in filling vacancies in the Delhi Commission for Protection of Child Rights (DCPCR) could lead to adverse orders, and has sought an affidavit detailing the vacancies and a timeline for appointments by November 18.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued the direction during a hearing on petitions concerning the prolonged non-functionality of the child rights body. The bench said the department should take seriously a warning issued earlier in February over the delay.
The court has asked the secretary of Delhi’s WCD department to place on record the status of vacant posts and the proposed schedule for filling them. The direction comes after the court had previously expressed displeasure over the failure to appoint a DCPCR chairperson and members for more than two-and-a-half years.
During the earlier proceedings, the Delhi government had told the court that the relevant file was pending with the “highest authority” for a final decision. The government had also sought additional time to complete the appointment process. The court had warned that the delay would be viewed seriously if the vacancies were not filled by mid-April and had asked the authorities to reconsider their position.
The current proceedings also extend beyond Delhi’s child rights commission. The bench has sought a response from the Union Ministry of Women and Child Development on the current composition and availability of members of the National Commission for Protection of Child Rights (NCPCR).
The court recorded that it had been informed that the NCPCR was functioning with only a chairperson and no other members. It has asked the ministry to address that position in its affidavit and provide its views on the commission’s composition.
The batch of matters includes a petition filed by the National Child Development Council and a suo motu case concerning the prolonged non-functionality of the child rights body. The proceedings place the staffing of both the Delhi and national commissions under judicial scrutiny.
The DCPCR is a statutory institution intended to address matters concerning the protection of children’s rights in Delhi. Prolonged vacancies affect the continuity of a public body responsible for receiving concerns, examining violations and engaging with government agencies on child protection. The court’s intervention highlights how appointment delays can become an institutional issue rather than a routine administrative backlog.
The latest direction does not itself appoint members or set out a final staffing decision. It requires the Delhi WCD department to disclose the status of the DCPCR vacancies and its timeline by November 18, while the Centre is expected to respond on the NCPCR’s composition.
