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Supreme Court of India 2018-05-03 disposed

National Commission for Protection of Child Rights and Others vs Rajesh Kumar and Others

Bench: 3 — Dipak Misra, A.M. Khanwilkar, D.Y. Chandrachud

In Brief

The Supreme Court heard a special leave petition concerning the National Commission for Protection of Child Rights' jurisdiction to investigate child trafficking in West Bengal. The High Court had previously held that the NCPCR's jurisdiction was barred when a State Commission had already taken cognizance under Section 13(2) of the 2005 Act. The Supreme Court reversed this, ruling that when the issue involves child trafficking with vital national dimensions, the NCPCR has jurisdiction regardless of State Commission involvement. The Court directed that all States be joined as respondents to enable comprehensive review of orphanage management, adoption practices, and child protection mechanisms nationwide, emphasizing that child protection is paramount to the nation's future."

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Child Rights Human Rights Civil Procedure Jurisdiction Institutional Reform Government Regulation

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