Repeal the Act, everyone will be happy: Delhi HC pulls up State for not filling child commission vacancies

The Delhi High Court today took strong exception to the Delhi government’s failure to fill long-pending vacancies in the Delhi Commission for Protection of Child Rights (DCPCR), even after an undertaking to do so [Court on its Own Motion Vs Govt of NCT of Delhi & Ors.]..On July 23, 2025, the Delhi government had assured the Court that it would fill up the posts of DCPCR Chairman and Members and make the commission functional within 3 months.However, a Division Bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela today noticed that the selections are yet to be finalised. The Bench even lamented that the government might as well repeal the law governing the non-functional commission. “Three months have already passed since your undertaking. Why have you not been able to complete it? It is about you honouring your own statement and undertaking given in court. Posts have been lying vacant since July 2023. Please repeal the [Commission for Protection of Child Rights (CPCR) Act, 2005] Act, everybody will be happy,” the Court remarked. .The Court was hearing a suo motu case initiated on the issue in 2017, based on a newspaper article.During today's hearing of the matter, the Delhi government's counsel told the Court that a scrutiny committee has shortlisted candidates who may be appointed to the DCPCR. Further steps for selecting the members will be taken by a selection committee chaired by the Chief Minister, which will hold a meeting on November 18, the government added. The Court recorded the submissions made by the Delhi government and listed the matter for further hearing on November 28“In the light of the statement given in last hearing, we had expressed our hope and trust that the time limit of filling up the vacancy shall be followed. However, today it was submitted by the Delhi Government that the Scrutiny Committee has completed its task of scrutinising the applications and the Selection Committee chaired by the Chief Minister is likely to sit on November 18. List this matter on November 28 by which date we hope that the Commission is functional,” the Court stated..Amicus Curiae Anant Kumar Asthana.Panel Counsel Dhruv Rohtagi with advocates Chandrika Sachdev and Dhruv Kumar, Standing Counsel Avnish Ahlawat with advocates Nitesh Kumar Singh, Aliza Alam and Mohnish Sehrawat appeared for Delhi Govt. Advocates Abhaid Parikh and Kartik Rathi appeared for National Commission For Protection of Child Rights.Central Government Standing Counsel Nidhi Raman with advocates Akash Mishra, Arnav Mittal, Mayank Sansanwal, Om Ram and Amit Gupta appeared for Ministry of Home Affairs, Union of India. Central Panel Counsel Vivek Goyal with advocates Gokul Sharma and Aryan appeared for Centre. [Read order].[Read live coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.