A Commission that can’t Protect Children
In 2020, a citizen named Musab Omer approached the Jammu and Kashmir High Court with a simple complaint: the J&K Commission for Protection of Child Rights (JKSPCR), created by Parliament fifteen years earlier to protect the region’s most vulnerable children, simply did not exist. Six years, one advertisement, 548 applications and several writ petitions later, it still does not exist in any meaningful legal sense, only a selection process legal experts call illegal from its first step, with results sitting undeclared, unlikely to survive scrutiny. This is the story of how, once compelled to act, the government constituted a child rights watchdog in a manner that violates the very statute creating it.
How it all started ? Parliament’s Commissions for Protection of Child Rights Act, 2005 required every State to set up a Commission to monitor child welfare and hold governments accountable. J&K did nothing for years, until Musab Omer’s PIL forced the issue; rules followed only in 2022, and nothing moved further until the High Court directed the government to act.On 15 June 2023, the Social Welfare Department advertised one Chairperson and six Member posts, listing the six qualifying disciplines exactly as prescribed in Section 17(2)(b) of the CPCR Act. On 30 May 2024, without explanation, the government withdrew this advertisement ab-initio, nullifying every application. Five months later, on 18 October 2024, a fresh advertisement appeared under the same file number, this time with a field nowhere found in Section 17(2)(b), and a changed scoring system favouring academics over interview performance and opening the door to Management graduates.
Single word which broke the law Of the five disciplines listed in the new........
