New Delhi: Two statutory bodies tasked with overseeing the safety, security and welfare of women and children in the national capital have been without chairpersons for over two years, irrespective of the party in power, drawing the High Court’s ire.
The Delhi Commission for Women has remained without a chairperson since January 2024, after the tenure of its last chief, Swati Maliwal, came to an end.
As for the Delhi Commission for Protection of Child Rights (DCPCR), it has been non-functional since July 2023, following the completion of Anurag Kundu’s term. Already, member and staff posts at the DCPCR were vacant.
With no fresh appointments made to the post at either body, both commissions—under the Aam Aadmi Party (AAP) government till February 2025 and then under the BJP dispensation—have effectively remained defunct, despite being statutory watchdogs empowered to act on issues concerning the safety and welfare of women and children in the capital.
Hearing two separate petitions on Wednesday, a bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia expressed strong displeasure, questioning the government over the resulting “institutional paralysis” and asking why don’t they “scrap” the act creating these bodies if they serve no real purpose.
The bench came down heavily as government counsel Sameer Vashisht sought more time to appoint the members in a transparent manner.
The HC asked why the government still needed more time to appoint their members and staff.
The DCW and the DCPCR are statutory bodies of the Delhi government and tasked with investigating and examining all matters relating to the safety and security of women and children, respectively, in Delhi.
They are created under the Delhi Commission for Women Act, 1994 and the Delhi Commission for Protection of Child Rights Act, 2005. Being statutory watchdogs, they are also empowered with taking legal actions against cases of abuse and exploitation.
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DCPCR plea
Multiple pleas have been filed since 2017 and 2018 relating to the functioning of the commission and vacancies there. Added to them was a plea regarding the chairperson’s post also lying vacant since July 2023.
Earlier this month in this case, the same bench had remarked on the government’s “lack of will” in filling up the vacancies. Since December 2017, the matter has been listed 50 times before the high court with 12 listings in 2025 and 2 in 2026.
Today, when the court was told through a Delhi government affidavit that the appointment process will be complete by April this year, the bench said it was “an attempt to justify the delay”.
It orally observed that if such a long time is taken for transparency and fairness then “in our opinion”, the state government will have to “rethink”.
The bench also wanted to call the DCPCR secretary in-person for the next hearing. However, in view of the assurance given by counsel for the Delhi government, it adjourned the matter which will now be listed on the 15th April, after the government finishes the appointment process.
Dictating the order, the chief justice noted, “We express our hope and trust that the process shall be completed as per the affidavit……if the process is not completed as stated by GNCTD itself, the matter will be viewed very seriously.”
It also noted that the commission discharges powers not only under DCPCR Act, but also the Juvenile Justice Act of 2015 and the POCSO Act.
“If a statutory commission has been tasked to monitor 2 pieces of legislation which have been enacted by the parliament for ensuring the care of children and ensuring welfare of child victims of sexual harassment – we completely are at loss of words to express ourselves to the stance taken by Delhi government where it said that the seats will be full by April.
“Such a delay not only denies the legislative intent under the 3 acts but also leaves various lacunae to ensure the welfare and other protections which ought to be made available’ by the Government,” it said.
Then turning to the counsel for the Delhi government, the chief justice said, “kya karte hain aap, better option to scrap the act, can there be any justification?”
He was assured again by the counsel that the appointments will take place before April.
Non-appointment at DCW
In a fresh PIL filed by RJD MP Sudhakar Singh in relation to the non functioning of the DCW since January 2024, the same bench said, “There cannot be any reason whatsoever for not filling up vacancies or staff members.”
The bench asked the government counsel to get instructions from the authorities and listed the matter next Wednesday.
The petitioner’s advocate, Satayam Singh, pointed out that DCW is a multi-member body and none of its seats has a member. “The irony is that the CM is a lady,” he said.
The bench asked what steps have been taken to ensure that the commission doesn’t close down, as the non-appointment was leading to no work being done.
In a separate PIL before the court Wednesday, relating to the rising number of “missing” persons being reported in Delhi, the high court bench issued notices to the Delhi Police and the Delhi government and sought their replies with regard to tracing them.
(Edited by Ajeet Tiwari)
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