Illegal Child Trade: SC Criticizes NCPCR For Filing Writ Petition Under Article 32, Says, “It Is Meant For Citizens To Enforce Their Fundamental Rights…”

Recently, the Supreme Court (SC) of India criticized the National Commission for Protection of Child Rights (NCPCR) for filing a writ petition under Article 32 of the Indian Constitution against the State of Jharkhand. The bench of Justice BV Nagarathna and Justice N Kotiswar Singh said, “..we find it strange that a statutory body, such as the petitioner in the instant case is invoking Article 32 of the Constitution for seeking the…reliefs. When Article 32 is meant for citizens to enforce their fundamental rights, the said Article cannot be the basis to file a Writ Petition by statutory authorities against a State/Union Territory for seeking directions in aid of discharging its functions under the statute. The said Article also cannot be the basis for statutory bodies or authorities to seek enforcement of ‘fundamental rights’ against private citizens. The same is incongruous and not in accordance with what is envisaged under the Constitution.” 

The petition was filed after considering a newspaper report dated July 04, 2018, alleging an instance of illegal child trade connected to an NGO in the State of Jharkhand seeking a detailed report and status of action taken by the Government. The following are the reliefs sought by the petitioner:

• “Issue a writ in the nature of Mandamus thereby directing a Supreme Court-monitored time-bound investigation of all such organizations in the State of Jharkhand to ensure protection of children;
• Issue a writ in the nature of Mandamus thereby directing creation of Special Investigation Team in every State to investigate similar organisations to ensure that the Child rights violation are not happening in organizations located in other States;
• Issue a writ in the nature of Mandamus thereby directing all States and Union territories to facilitate & cooperate with Child Welfare Committee so that they can work without hurdles;
• Pass any such and further relief(s) or order(s) as may be deemed fit in light of the above facts and circumstances.”

After hearing the learned senior counsel who appeared for the NCPCR, the SC bench said “...we find that the reliefs sought are, in the first place, vague and omnibus and therefore, can neither be entertained nor the said reliefs be considered. The writ petition is hence, liable to be dismissed.” It added, “...the NCPCR is a statutory body constituted under the provisions of the Commissions for Protection of Child Rights Act, 2005. Such a statutory body could not have filed the Writ Petition invoking Article 32 of the Constitution of India seeking the aforesaid prayers.” Thus, the Supreme Court bench dismissed the petition.