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Supreme Court of India 2020-01-13 allowed

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS vs RAJESH KUMAR

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

This case involved a dispute between the National Commission for Protection of Child Rights (NCPCR) and the West Bengal State Commission over jurisdiction to investigate alleged child trafficking at an adoption agency in Jalpaiguri. The Supreme Court held that under the CPCR Act, Section 13(2), a State Commission only prevents the National Commission's inquiry if it has actually commenced a substantive investigation, not merely taken administrative cognizance. The Court clarified that both Commissions are 'siblings' with identical powers, expected to cooperate. Since the State Commission had only gathered information without conducting an active inquiry, the National Commission retained authority to investigate matters with inter-State dimensions. The judgment emphasizes that child protection must override institutional turf wars."

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Child Rights Administrative Law Jurisdiction Child Protection Institutional Coordination

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