Supreme Court rejects NCPCR’s writ petition under article 32 against Jharkhand state

In a significant ruling, the Supreme Court dismissed a writ petition filed by the National Commission for Protection of Child Rights (NCPCR) under Article 32 of the Constitution against the State of Jharkhand. A Bench comprising Justices BV Nagarathna and N Kotiswar Singh, in an order dated September 24, clarified that Article 32 is intended for citizens to enforce their fundamental rights, not for statutory bodies to seek directions from State governments or Union Territories to aid in their functions.

The NCPCR had moved the top court, seeking a Supreme Court-monitored probe into organizations involved in illegal child trade. The petition also requested measures for the child rights body to effectively discharge its duties in Jharkhand, including the constitution of Special Investigation Teams (SITs) in all States to combat such illegal activities. The case originated from a suo motu cognizance taken by the NCPCR after a July 2018 newspaper report alleged illegal child trade linked to an NGO in Jharkhand.

However, the Supreme Court found the reliefs sought by NCPCR to be "vague and omnibus" and stated that such broad and unclear prayers could not be entertained. The Bench further emphasized that Article 32 is not a provision meant for statutory bodies to seek enforcement of "fundamental rights" against private citizens or the state, rendering the petition incongruent with the Constitution.

Despite dismissing the petition, the Court acknowledged the NCPCR's mandate to protect children caught in illegal trade and affirmed that the commission could pursue legal actions as per the law to fulfill its obligations. Senior Advocate Swarupama Chaturvedi, along with a team of lawyers, appeared on behalf of the NCPCR. The Court recently questioned the locus of the NCPCR in a similar case involving the Madhya Pradesh Freedom of Religion Act, further underscoring the limitations of statutory bodies in invoking Article 32.