The relevant extracts from Section 27 of the Juvenile Justice (Care and Protection of Children) Act, 2015, relating to qualifications required for being the chairperson / members of the Child Welfare Committee of a district are as under:
“(2) The Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters concerning children.
(4) No person shall be appointed as a member of the Committee unless such person has been actively involved in health, education or welfare activities pertaining to children for at least seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development.
(5) No person shall be appointed as a member unless he possesses such other qualifications as may be prescribed.”
Please remember that sub-section (5) of Section 27, as noted above, permits such other qualifications as may be prescribed under the Rules made by the Central Government under Section 110(2)(xiv) of the said Act. So, please check such Rules also, if any.
On the basis of the above qualifications, if you believe that the members / chairperson who have been appointed to the Child Welfare Committee do not fulfil these requirements, then you can challenge the constitution of the committee by filing a writ petition in the High Court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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