Team  SoOLEGAL

BIHAR STATE RULE STIPULATING 2 WOMEN MEMBERS IN CWC UPHELD BY PATNA HIGH COURT

Team SoOLEGAL 19 Apr 2019 4:04pm

BIHAR STATE RULE STIPULATING 2 WOMEN MEMBERS IN CWC UPHELD BY PATNA HIGH COURT

State Rules of Bihar prescribe that the composition of Committee shall comprise of a Chairperson and four other members including at least two women from the district concerned for which the Committee has been constituted, and out of the five members including Chairperson, at least one member shall be from SC/ST and one from EBC/OBC communities. 
The said Rule was assailed on the basis that it would result in reservation going upto 100%. This would further result in no appointment of  any person of general category, even though he has the requisite qualification as per the Act.

The Juvenile Justice Act provides that 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.

The Court gave it's agreement. The justification provided by the Court was that such a rule by the state which contended that such a stipulation is made because Women, by their gender, have a dispensation towards taking care of children and since the maximum numbers of child in need of care and protection are from the categories of SC/ST and EBC/OBC. 

The Rule of the State was upheld by Patna High Court bench comprising of Justice Jyoti Saran and Justice Ashutosh Kumar with an observation that:

"Stipulating that two of the four members of the CWC shall be women does not tantamount to reservation. Women, by their very nature and dispensation are adept at rearing up children and, therefore, the impugned rule cannot be faulted with. The argument of proscription of 100% reservation, thus, fails miserably."
Thus, the challenge to Bihar State Rule stipulating 2 women members in the Child Welfare Committees. was dismissed by the Patna High Court in the following words:
"Reservation in public service has the sanction of law as it is considered to be protective discrimination for the persons seeking employment, if they are socially and educationally backward and do not have adequate representation. The members of the CWC, on the contrary, are to look after the welfare of the children and not their welfare and, therefore, the necessity of their experience in the field of Child Welfare."

Tagged: Patna High Court   Justice Jyoti Saran   Justice Ashutosh Kumar   CWC   Bihar State Rule  
Did you find this write up useful? YES 0 NO 0
Send
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.