'You Need Harsher Action': High Court Raps Delhi Govt Over Delay In Filling Up DCPCR Vacancies, Warns Of Serious Consequence

The Delhi High Court on Wednesday rapped the Delhi Government over its delay in filling up vacancies in the Delhi Commission for Protection of Child Rights (DCPCR) despite multiple assurances.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that the matter will be viewed seriously if the vacancies are not filled by April second week, a timeline assured by the Delhi Government as per its recent affidavit.

The Court said that such a delay not only belies the legislative mandates under the Commissions for Protection of Child Rights Act, Juvenile Justice Act and POCSO Act but also leaves various lacuna in the effort to ensure the welfare and other measures which ought to be made available to the juveniles and children in need in Delhi.

“For maintaining transparency in such an appointment, you find it essential to take three years time? Please advise your government to scrap this Act…,” the Bench told Delhi Government's counsel.

The Court took on record Delhi Government's recent affidavit filed on behalf of the Department of Women and Child Development stating that necessary efforts are being taken to make appointments to the post of Chairperson and members in the DCPCR and that the process is likely to be completed by second week of April.

“You need some harsher action. In November 2025, you made a statement that everything will be completed, that selection committee is to be constituted. Then since then what have you been doing?”, CJ asked.

On this, the officer who sworn the affidavit, who was present in court physically, said that the selection committee has met twice in November last year and has made certain recommendations.

Expressing displeasure over the delay in appointments, the Court said that the vacancies occurred in July 2023 and have still not been filled after expiry of more than 2 years and 7 months.

“If such a long period is essential to maintain transparency and fairness and to ensure more suitable candidates be appointed, the state government will have to rethink,” the Court said.

“It is needless to observe that the commission is creation of legislative enactment and the state government is bound by the said legislative mandate. However, in view of the assurance given by the GNCTD as embodied in its affidavit, we adjourn the matter…. We express our hope and trust that the process shall be completed in terms of what has been stated in the affidavit,” the Court said.

It added: “We further caution that in case the process is not completed as stated by the GNCTD itself in the affidavit, the matter will be viewed seriously.”

The Court also noted that the DCPCR also discharges various statutory functions entrusted under the Juvenile Justice Act and POCSO Act. It added that if a statutory commission has been tasked to monitor implementation of the two enactments, “we are completely at loss of words to express ourselves ok the stance taken by the GNCTD wherein they have failed to ensure that the commission functions right from July 2023.”

The matter will now be heard on April 15.

In 2024, a coordinate bench had directed the Delhi Government to complete the formalities of the selection process for filling vacancies in all the Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) by April 15, 2024.

The bench has been hearing various petitions on the issue, including a suo motu public interest litigation initiated in 2018 after a ruling of the Supreme Court concerning the deficiencies in the implementation of the Juvenile Justice Act, 2015.

Advocates Prabhsahay Kaur with Advocates Rachna Tyagi Bhuwan Ribhu Tanvi Chaudhary Antara Mishra Aryma Sharma appeared for intervenor Bachpan Bachao Andolan.

Standing counsel Sameer Vashishth appeared for the State.

Title: Court on its own motion v. Union of India & Ors and other connected matters