Gujarat High Court has directed the Gujarat government to complete the entire process of establishing the Child Protection Commission (CPC) within two weeks. The order was passed in response to a public interest petition filed before the court concerning the rights and welfare of children and the implementation of the relevant laws, as well as the Supreme Court’s directives in this matter. The division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi also instructed the state government to submit a policy draft and provide a response to the court regarding the matter.

The petition, filed by advocate Dhaval Barot, highlighted the lack of effective enforcement of child protection laws in Gujarat, as well as failure to implement the Supreme Court’s guidelines. 

The petition pointed out that the Chairperson of the Gujarat Child Rights Commission retired in January 2022, and since then, the commission has not been functioning due to lack of appointments. The court had previously directed the government to fill the vacant positions of the commission members, but this process is yet to be completed. 

Furthermore, many positions remain vacant in the District Child Protection Units and Child Care Institutions, which need to be filled urgently. The Juvenile Justice Boards and Child Welfare Committees also have vacant positions that need to be filled to ensure proper functioning.

The petition emphasised the need for social audits to prevent the exploitation of children in orphanages and child protection homes. It was noted that the State Commission for Protection of Child Rights has not been functioning for the past four years, which has led to a lack of social audits. The court stressed the importance of the government taking this sensitive issue seriously.

In response, the state government informed the court that a new Chairperson for the Gujarat Child Protection Commission has been appointed, and this person will hold the position for three years. However, the appointment of the members of the commission is still pending. The government assured the court that the appointment process for the members would be completed within two weeks. The government also mentioned that the draft child protection policy has been sent to UNICEF for their feedback, and it will finalise the policy in the coming days. Social audits will also be conducted after the formation of the commission.

During the hearing, the court raised several questions regarding the child protection policy, the social audit of children’s conditions, and the functioning of child rights committees at the district level. After hearing all parties, the court instructed the government to complete the entire process of the Child Protection Commission in two weeks and submit a detailed affidavit clarifying its stance on the matter. The court scheduled the next hearing for December.

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