The Supreme Court has dismissed a writ petition filed by the National Commission for Protection of Child Rights (NCPCR) seeking, among other things, the creation of a special investigation team to probe the alleged illegal trade of children by various child welfare organisations.
A bench of Justices B.V. Nagarathna and N. Kotiswar Singh, while dismissing the NCPCR plea, said it was “strange” that a statutory organisation had filed a writ petition under Article 32 of the Constitution when a duty was cast on it to enforce the fundamental rights on behalf of the children.
The court noted that such a petition alleging violation of one’s fundamental right could be filed only by an aggrieved citizen against the State but not by the State or its instrumentalities.
The NCPCR had filed the petition against the alleged inaction by the Jharkhand government in a case relating to illegal child trade connected to an NGO in the state.
“Having heard the learned senior counsel for the petitioner... 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,” the apex court said.
“Further, 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,” it added.
The court said citizens were entitled to appropriate relief under the provisions of Article 32 in case of a violation of fundamental rights.
“No doubt, when there is a violation of the fundamental rights, public interest litigation is also preferred by and on behalf of the citizens by public-spirited persons, which are also termed as social action litigation. However, 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 aforesaid reliefs.”
