Snail's pace citing transparency: Delhi HC slams State for non-appointment of DCPCR chairperson for 3 years

The Delhi High Court on Wednesday took strong exception to the Delhi government's failure to appoint the chairperson and members for the Delhi Commission for Protection of Child Rights (DCPCR) that has been lying vacant since July 2023. 

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia noted that the posts have been lying vacant since July 2023.

The Court took strong objection to the argument by the Delhi government that the appointment was taking time because the government wanted transparency in the appointment.

“More than one year time has elapsed. This shows your attitude. Thank you for progressing at snail’s pace since July 2023. You are justifying that the time taken is essential for transparency? 3 years time to make a simple appointment?” the Bench told Delhi government's standing counsel, Sameer Vashisht.

The Court was hearing a plea filed by National Child Development Council seeking directions to the government to immediately appoint the chairperson.

The plea highlighted that there was nothing on file to show what steps were taken between August 2023 (when a proposal to fill the vacancy was made) and March 2024 (when the concerned minister citied the model code of conduct as the reason why no appointment could be made). 

The petitioner pointed out that in the meantime, posts of DCPCR members have also become vacant.

The Court was very vocal in its criticism of the government.

“Not a single person has been appointed till now. Abandon this, scrap this Act. Who stops you? You find appropriate and essential 3 years of time? You have taken time from July 2023 to February 2026 and are justifying?" the Bench asked.

Pursuant to the Court’s order passed on February 6, an affidavit on behalf of Delhi government was filed today stating that necessary action has been taken for appointment and said process is likely to be concluded by April.

“Mr. Vashisht, you need some harsher action. In November 2025 you had said that everything is complete and selection committee is to be constituted. Since then, what have you been doing? In case of a casual vacancy, it has to be filled in 90 days and for this vacancy it is 3 years?” the Court remarked.

The Court was informed that selection committee has met twice and that the Chief Minister is the chairperson of the said Committee.

The Court stated that the Delhi government is bound by the legislative mandate given under the DCPCR.

“If such a long period of time is essential in maintaining transparency and fairness and in ensuring that more suitable candidate is appointed, in our opinion, the State government will have to rethink. It is needless to observe that DCPCR is a creation of legislative enactment, State government is bound by this legislative mandate,” the Court observed. 

Further, the Court cautioned the Delhi government that if the process is not completed, as stated by the State itself in its affidavit, the matter will be viewed seriously.

“Kya karte hain aap? Better option is to scrap the Act,” Chief Justice remarked. 

"I am not giving any justification. It will be done. I am on receiving end. I do not have much to say. Once DCPCR starts functioning, things will streamline," Vashisht replied.

The Court also took note that the DCPCR also has mandate to monitor the implementation of legislations enacted for ensuring care and protection of juveniles and children such as Commission for Protection of Child Rights, 2005, Juvenile Justice Act, 2015 and Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

"We are at loss of words to express ourselves on the stance taken by GNCTD where they have failed to ensure that the Commission functions Such delay not only belies legislative mandate of Commission for Protection of Child Rights, Juvenile Justice Act, POCSO Act, but also leaves various lacunae in the effort to ensure the welfare and other measures that ought to be made available to juveniles and children of this state," the Court stated.

The Court expressed hope that the appointment would be made by April 2026.

“We thus hope and expect that the statement made in paragraph 4 of the affidavit shall be honoured and process shall be completed by the second of April 2026,” the order said.

The matter will be heard next on April 15. 

Notably, the Court in a separate case earlier today had asked the Delhi government to explain why the Delhi Commission for Women (DCW) has been lying defunct for the last two years. 

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