CHENNAI: In the past two years, the state has witnessed a series of incidents where children have been victims of violence. This includes the attack on two siblings at Nanguneri in Tirunelveli district and the murder of a boy at an observation home in Chengalpattu.
While the government formed one-man committees to recommend measures to tackle underlying issues that led to these incidents, the statutory body — State Commission for Protection of Child Rights (SCPCR) — responsible for monitoring the effective implementation of important child-related laws and overseeing investigations has been non-functional for over two-and-a-half years now.
The DMK government ordered the reconstitution of the SCPCR in 2022, dismantling the commission appointed by the previous AIADMK government in January 2021 - three months before the Assembly election. As the commission’s tenure is three years, its members approached the court against the new government’s decision. Since then, the SCPCR has been non-functional.
Though the tenure of the previous committee members ended more than six months ago, the appointment of new chairperson and members to the SCPCR remains stalled due to the case.
The SCPCR, established under the Commissions for Protection of Child Rights Act, monitors the implementation of the Protection of Children from Sexual Offences (Pocso) Act, Right to Education (RTE) Act, Juvenile Justice Act, and the Prohibition of Child Marriage Act. It can also undertake investigations in cases where children are affected. The commission consists of a chairman and six members.
According to activists, the absence of the commission has led to a less effective response to cases of child rights violations. “If there was an active commission, it could have prepared a report to the government on cases or at least provided valuable inputs to the committees formed in this regard,” said a child rights activist.
Activists have also urged the state to amend the rules of the SCPCR to give it more powers and increase its budget, taking neighbouring states such as Kerala and Karnataka as examples.
One of the important issues the activists raise is the alleged political intervention in the appointment of members to the commission. Sources said attempts to amend the rules to address this problem have been unsuccessful. In a meeting in 2021, the commission asked the then member V Kamaraj to draft new rules. The draft rules submitted by him suggested changes such as avoiding the appointment of persons who have been members of political parties. However, this draft was not forwarded to the government and Kamaraj resigned in protest.
The draft rules also stated that the commission’s secretary should not hold other posts. Currently, the director of the department of child welfare and special services holds the post of secretary, leading to a conflict of interest since the department handles child-related issues and maintains observational homes.
Activists have urged the government to ensure that the commission is reconstituted soon after resolving legal issues. Stressing the need for SCPCR to function independently, another activist said, “The annual funds allocated for SCPCR is around `50 lakh. It depends on the social welfare department for funds, which also affects its independent functioning.”
Meanwhile, sources in the social welfare department said they are expecting a judgment soon in the ongoing case soon after which chairperson and members will be appointed.