CWP 2693 of 2010 [Hemant Goswami vs. Union of India]

High Court Order - Dec 14, 2012


The Punjab and Haryana High Court called the situation with regard to implementation of child-right laws as “extremely unfortunate” and admonished the Governments of Haryana, Panjab and Chandigarh to take laws for safeguarding children rights and abolition of child labour seriously. The observations came in a Public Interest Litation (PIL) filed by social activist Hemant Goswami.

The first DB of Chief Justice A.K. Sekri and Justice R.K. Jain observed that the creation of child commissions as envisaged under the “Commissions for Protection of Child Rights Act 2005” has been hampered by “Red Tapism,” and made scathing observations against State of Haryana and Chandigarh. The constitution of the Children Commission by Punjab also came under attack by the petitioner as he mentioned that the Chairman of the state commission selected by Punjab had other vocations and thereby he was not even eligible to be considered for the job. The petitioner mentioned that the position of Chairman of the Children Commission was a full time job and any other business/ employment of the Chairman would be a violation of the provisions of the Act.

Sh. Sanjay Kaushal, standing counsel for Chandigarh mentioned that Chandigarh Administration was waiting for the approval of the Central Government for budget allocation for creation of Children Commission. Rejecting the stand, the High Court remarked that it is a case of typical bureaucratic cobweb and directed the Union Government to “grant the necessary financial sanction within a period of one week from today.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Hemant Goswami
Burning Brain Society

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