Madras High Court Grants Interim Stay On Notification To Dissolve & Re-Constitute TN Child Rights Commission

Madras High Court has granted an interim stay on the government notification that dissolved the Tamil Nadu Commission for Protection of Child Rights (Commission/TNCPRC) in its entirety and proposed to reconstitute the same.

A single bench of Justice Dr. Anita Sumanth was considering the plea by one of the commission members, Dr. Saranya T. Jaikumar. Dr. Saranya is the only member who has challenged the notification that dismantled the entire Commission.

The impugned notification was issued in February 2022. It is pertinent to note here that the petitioner member was appointed in 2021 and her tenure would have continued for three years till 2024.

The court observed that a perusal of Commissions for Protection of Child Rights Act, 2005 (hereinafter 'Act') does not provide for a 'wholesale dissolution' of the Commission per se.

The TN Commission has been constituted under Section 17 of the Central enactment whereas Section 18 speaks elaborately about the appointment of the Commission's Chairperson and other members.

Section 7(2) lists out seven instances wherein Chairperson or any Commission member can be removed from office. Section 8 goes on to state that the vacancies that arise out of disqualification under Section 7(2), resignation or any other reason must be filled up within 90 days in accordance with Section 4.

After examining the sections, the court concluded that a prima facie case has been made out for the continuance of Commission:

"...Though Section 7 provides for removal of the Chairperson and the Members for reasons set out thereunder, such removal is subject to they having been granted an opportunity of being heard prior to such removal in terms of sub-Section (3) of Section 7. Admittedly, in this case, no show cause notices have been issued either to the Chairperson or the Members, till date", the court pointed out.

Pursuant to the notification by the Additional Chief Secretary in February, a press release was issued on 1st March by the Secretary of TN Commission for Protection of Child Rights. The said press release invited applications for the posts of Chairperson and Members for the reconstitution of the Commission.

The court observed that the impugned notification does not contain any justification for dissolving the entire commission.

"In fact, the Act, under which the Commission is constituted does not provide for such dissolution but provides for removal from office of the Chairperson and members in terms of Section 7 thereof", the court noted.

Justice Anita Sumanth also took note of a letter written by the National Commission For Protection Of Child Rights to the Chief Secretary on 28th February. The letter addressed the issue of dissolution by government notification. The National Commission opined that any dissolution/ cancellation of the Child Rights Commission which was in existence contravenes the relevant statutory provisions. The letter also requested that due enquiry and action must be taken in the matter.

Advocate K. Newlin Frederick appeared for the petitioner. Additional Advocate General Silambanan represented the State of Tamil Nadu.

Case Title: Dr. Saranya T. Jaikumar v. State of Tamil Nadu

Case No: W.P.No.4914 of 2022 and W.M.P.Nos.5061 & 5062 of 2022

Click Here To Read/ Download Order