WAJAHAT SHABIR
SRINAGAR: Jammu and Kashmir continues to face delays in operationalising its child-protection institutions, with the Jammu and Kashmir Commission for Protection of Child Rights awaiting the completion of its appointment process, while the extended tenure of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) expired on October 13, 2026.
The Jammu and Kashmir Government notified the Jammu and Kashmir Commission for Protection of Child Rights Rules, 2022, through Government Notification S.O. 542 dated October 21, 2022. The rules establish the framework for the Commission’s composition, appointment of its chairperson and members, administrative functioning, financial powers and handling of complaints concerning violations of children’s rights.
However, the notification of the rules has not, by itself, ensured that the Commission becomes operational. The latest publicly available reports indicate that the appointment process has faced delays despite earlier steps taken by the government and judicial intervention.
In September 2026, reports indicated that the government had initiated a fresh process for appointing the chairperson and six members of the Commission, including a requirement for two women members. Earlier, on July 2, the Jammu and Kashmir and Ladakh High Court cleared the way for declaration of the selection results and appointments, while making them subject to the outcome of another pending petition.
The High Court had observed that the selection process had been completed but the results could not be declared because of an interim judicial direction. After dismissing a related petition as infructuous, the court vacated that impediment, allowing the government to proceed with the appointments.
The Commission is envisaged as an independent statutory body responsible for monitoring the implementation of child-rights safeguards, examining violations, reviewing policies and programmes, and recommending corrective measures to the government.
Under the 2022 rules, candidates for chairperson and member positions must be at least 35 years old and possess at least seven years of experience in areas specified under the rules. The selection process requires the government to invite applications through advertisements in at least two leading national and vernacular newspapers.
The rules also provide for a Selection Committee to scrutinise applications and recommend suitable candidates. The chairperson holds office for three years or until attaining the age of 65, whichever is earlier, while members serve for three years or until attaining the age of 60, whichever is earlier, subject to the provisions governing reappointment.
The Commission’s prescribed functions include examining safeguards for children’s rights, investigating complaints, reviewing factors that impede children’s enjoyment of their rights, promoting child-rights awareness and compiling data on children. It is also empowered to recommend action to departments and authorities based on its findings.
The latest concern comes amid a separate development involving CWCs and JJBs across the Union Territory.
According to an official communication issued by the Directorate of Mission Vatsalya on October 13, the six-month extension granted to existing chairpersons and members of the CWCs and JJBs had expired, while the new bodies were yet to be constituted. The tenure of most of these bodies had expired on April 15, 2026. The Social Welfare Department subsequently granted a six-month extension through Government Order No. 62-JK (SWD) of 2026, dated April 20.
Following the expiry, District Child Protection Officers were directed to take custody of official records, registers, case files and other documents, ensuring their verification, confidentiality and safe preservation.
The communication also outlined interim arrangements for maintaining essential functions. Matters concerning children in need of care and protection are to be handled by the concerned Protection Officers and supporting staff under the supervision of District Child Protection Officers. In cases involving children alleged to be in conflict with the law, the Principal Magistrates of the JJBs are to receive assistance from Legal-cum-Probation Officers and other district-level staff.
The lapse has prompted concerns about whether these interim arrangements can ensure the full exercise of statutory powers ordinarily vested in the committees and boards, particularly in cases requiring urgent decisions on care, protection, rehabilitation and juvenile-justice proceedings. Peoples Conference chairman and Handwara MLA Sajad Gani Lone has criticised the failure to constitute the new bodies before the extended tenure expired. He has also questioned the continued non-functioning of the Child Rights Commission despite the recruitment process having been initiated.
The two developments concern distinct institutions: the Commission is responsible for monitoring and promoting child rights across the Union Territory, while CWCs and JJBs perform specific statutory functions relating to children requiring care and protection and children in conflict with the law.
As of the latest reports reviewed, the expiry of the committees’ and boards’ extension had been officially acknowledged, and interim arrangements had been issued. A confirmed date for the constitution of the new CWCs and JJBs, as well as confirmation that the Child Rights Commission’s appointments have been completed, was not available in the material reviewed.
