SC to hear matter in NCPCR & WB SCPCR tussle in child trafficking case on Sep 17

The Supreme Court Wednesday said it would hear on September 17 a matter related to alleged child trafficking from an orphanage in West Bengal so that "tussle" between the National Commission for Protection of Child Rights (NCPCR) and the WB SCPCR is resolved. The NCPCR and West Bengal State Commission for Protection of Child Rights (WB SCPCR) are at loggerheads over the issue related to powers of NCPCR in initiating inquiry in a matter which is pending before a state commission.

A bench of Justices Deepak Gupta and Aniruddha Bose said the apex court would hear and decide the issue so that such tussle does not arise again between the NCPCR and any other state commission. "We must decide this matter otherwise this tussle will go on. Two years ago, stay was given by this court but no orders have been passed by the NCPCR," the bench said.

Solicitor General Tushar Mehta, appearing for NCPCR, said inquiry by the national commission is going on in the matter. The counsel appearing for West Bengal State Commission for Protection of Child Rights said the top court must decide the issue so that such problem does not arise in other state commissions.

"We are not on the merits of the case. We are on the law," the bench said and posted the matter for hearing on September 17. The top court had on Tuesday expressed anguish over the "fight" between the two statutory bodies and said it was concerned about the children who are there at the orphanage or shelter home.

The apex court is hearing an appeal filed by the NCPCR against a Calcutta High Court order staying its proceedings in a case related to alleged gross violation of rights of orphaned children in West Bengal. The NCPCR had alleged that the West Bengal government had illegally formed ad-hoc committees for adoption and given away orphans for adoption in gross violation of law and rules.

The apex court had stayed the proceedings and the August 29, 2017 order of the Calcutta High Court. In the high court, the NCPCR and the state commission were at loggerheads over alleged trafficking of 17 children from an orphanage in Jalpaiguri district.

The NCPCR had blamed the local administration for the thriving of the trafficking racket but the state government had questioned its jurisdiction in the high court. The high court, in its order, had stayed the proceedings initiated by the NCPCR after taking note of the plea filed by Additional Director General of Police (ADGP), CID, State of West Bengal.

It was alleged by the ADGP before the high court that NCPCR had no jurisdiction as WB SCPCR was seized of the matter.

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