Tamil Nadu government recalls child rights chairperson appointment

Chennai: The Tamil Nadu state government on Monday informed the Madras High Court that it has decided to recall its earlier order appointing the former Vice Chancellor of Madurai Kamaraj University, Kalyani Mathivanan, as Chairperson of Tamil Nadu Commission for Protection of Child Rights.

Advocate General R. Muthukumarasamy made his submission to this effect when a Public Interest Litigation from CHANGE India by its director A. Narayanan, came up for hearing before a division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. Sundar.

The bench said the advocate general stated that the government has taken a considered decision to recall the order dated September 1, 2016 appointing the Chairperson of Tamil Nadu Commission for Protection of Child Rights and to issue a proper advertisement calling for applications after which the fresh applications would be processed. The government order recalling the earlier order of appointment would be issued within 7 days as stated by the advocate general.  “We take the aforesaid statement on record. We appreciate the stand taken by the state government”, the bench added.

The bench said the petitioner, appearing in person, stated that while going through the fresh process the authorities may keep in mind a notification issued by the Central government prescribing the process to be followed, which in turn, was the result of the directions passed by the Supreme Court dated February 25, 2014. It was also pointed out to the court that the rules have not been framed under the new Act and the result was that even at the district level, the Child Welfare Committees and Juvenile Justice Boards were not functioning. As pointed out by the petitioner, this needs some urgent attention. The AG stated that he will ensure urgent steps were taken in this behalf, the bench added and posted the matter to March 10 for reporting compliance.

Originally, CHANGE India filed a petition, which sought mandatory registration of Child Care Homes in the state, and to close down all illegal homes not maintaining minimum facilities. During the hearing, the court referred to the fact that the Chairperson post lay vacant for several months, prompting the government to commit that it would fill the vacancy expeditiously. Subsequently, the court was informed of the fact that a G.O had been issued on September 1, 2016 appointing Kalyani as the new Chairperson of TN Commission for Protection of Child Rights.

Bringing the appointment to the court's notice, Narayanan pointed out that the government had on June 20 informed the court that it would follow the procedure prescribed as per sections 17 (2) (a) and 18 of the Commission for Protection of Child Rights Act and that it would issue a press release in dailies inviting applications for the post of Chairperson of the Commission. The government will then scrutinise the applications and place the same before the selection committee for identifying an eligible person, who would then be appointed by the government.

Kalyani's appointment had been made in complete breach of the affidavit filed before the court, as no applications were invited by any press release. After the AG conceded that no advertisement was issued, the Bench had on September 2 said it would initiate quo warranto proceedings on their own if the allegations were proved. On September 23, after the Bench asked the AG whether he would like to review the issue himself and advise the government appropriately or it would be necessary for judicial intervention, the AG assured the court that he will advise the government appropriately and expects some solution to the problem.