Headline
The Supreme Court of India dismisses petition of NCPCR alleging Illegal Child Trade by Missionary Organizations.
Summary
The Supreme Court of India dismissed a writ petition filed by the National Commission for Protection of Child Rights (NCPCR), condemning it as “vague and omnibus.” The NCPCR asked for proper investigations into missionary organizations’ indulged in illegal child trade, invoking Article 32 of the Indian Constitution, which the Court found unsuitable for a statutory body to use.
Key Facts
- Case Name: National Commission for Protection of Child Rights vs. State of Jharkhand
- Judges Name: Justice BV Nagarathna and Justice Nongmeikapam Kotiswar Singh
- In 2020,a petition was filed alleging illegal child trade in Missionaries of Charity homes.
- The National Commission for Protection of Child Rights(NCPCR) requested a court-monitored investigation across several states.
Legal Insights
Article 32 of the Indian Constitution is meant for citizens to safeguard their fundamental rights, not for statutory bodies to seek relief against private entities. The Supreme Court stresses that NCPCR under the 2005 Act already has the statutory powers .
Impact
The ruling of the Supreme Court restricts the scope of statutory bodies using Article 32 of the Indian Constitution, strengthening its purpose for individual fundamental rights.
Why it Matters
It sheds light on the boundaries of Article 32 of the Indian Constitution and shows the specific legal mechanisms statutory bodies must follow to address such issues.
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