Aastha Pareek
The Supreme Court of India has recently taken a strong stance against the National Commission for Protection of Child Rights (NCPCR) for filing a writ petition under Article 32 of the Indian Constitution. The NCPCR had sought broad and unspecific reliefs related to the alleged illegal trade of children by missionary organizations, specifically in Jharkhand. The petition also called for Special Investigation Teams (SITs) across multiple states to investigate other similar organizations.
Article 32 is reserved for citizens to enforce their fundamental rights, and the Supreme Court found it improper for a statutory body like NCPCR to use this constitutional provision for such a case. A Division Bench consisting of Justices BV Nagarathna and N. Kotiswar Singh expressed strong disapproval, remarking that the petition was both “strange” and “misconceived.” The Court noted that NCPCR, under its statutory powers provided by the Commissions for Protection of Child Rights Act, 2005, could independently carry out investigations and enforce child protection measures, without involving the Court in its agenda.
The petition was based on allegations that children were being illegally traded from charitable homes run by the Missionaries of Charity in Jharkhand. NCPCR requested a Supreme Court-monitored investigation, citing that state authorities had failed to adequately address the issue. The Court, however, dismissed the plea, stating that the reliefs sought were vague and beyond what Article 32 allows for statutory bodies. The Court’s ruling reasserts the importance of Article 32 as a tool for individuals, not government organizations, and reminds statutory bodies like the NCPCR of their pre-existing powers to protect child rights.
The Court also stressed that NCPCR’s responsibilities, as laid out under the law, are already sufficient for it to carry out its functions without seeking the Court’s intervention in a matter that the commission itself is empowered to handle.
Case Name:- National Commission for Protection of Child Rights v State of Jharkhand and ors.
Bench:- Justices BV Nagarathna and N. Kotiswar Singh.