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Supreme Court of India 2020-01-13

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS vs DR. RAJESH KUMAR & ORS

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

A child welfare home in Jalpaiguri, West Bengal was alleged to have trafficked children illegally. Both the national and state child protection commissions claimed jurisdiction, leading to a dispute that overshadowed the core issue. The Supreme Court held that the state commission had not formally commenced inquiry before the national commission began its investigation, and that both bodies must cooperate in a spirit of comity rather than rivalry. The Court emphasized that 'inquiring' means active investigation, not mere acknowledgment; officials must furnish information promptly without hiding behind jurisdictional disputes. The Court directed the high court to monitor systemic failures in child welfare committee constitution across West Bengal.", <parameter name="cited_cases">[{"raw_citation": "United Nations Convention on the Rights of the Child, 1989", "case_name": "UN Convention on the Rights of the Child", "cited_year": "1989", "paragraph": "2", "treatment": "referred", "treatment_by": "this_court"}, {"raw_citation": "Advanced Law Lexicon", "case_name": "Advanced Law Lexicon", "cited_year": "", "paragraph": "13", "treatment": "referred", "treatment_by": "this_court"}]

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