DCPCR Dismisses Allegation of Misusing Government Funds As ‘Mala Fide’, Says Delhi LG VK Suxena Has ‘No Jurisdiction’ Over Its Functioning

New Delhi, November 10: The Delhi Commission for Protection of Child Rights claimed on Friday that an allegation of misuse of government funds by it is "mala fide" and the lieutenant governor has "no jurisdiction" over its functioning. LG VK Saxena on Thursday approved a Women and Child Development (WCD) Department proposal to institute an inquiry into alleged misuse of government funds by the Delhi Commission for Protection of Child Rights and ordered a special audit, Raj Niwas officials said.

Saxena also directed that no further request for funds allocation by the Delhi Commission for Protection of Child Rights (DCPCR) be entertained before the completion of the inquiry and the special audit. Taking note of Saxena's order for a special audit of the DCPCR, the commission said in a statement, "The salaries of the chairperson and the members of the commission were decided in January 2019. The gazette notification to this effect was issued by the WCD (Department) on January 10, 2019." Sexual Assault: Delhi High Court Seeks Suggestions on SOP for Child Victim Cases.

"There has been no revision of the salaries since and not adjusted for inflation. Any allegation in this regard is mala fide. The Hon'ble LG has no jurisdiction over the functioning of the commission," it added. The commission further claimed that the positions of the chairperson and the members were vacant until May 2017 and July 2017, respectively, and that all the positions were filled in 2022-23.

"Considering the positions were now occupied, and the government's decision to raise salaries in January 2019 led to a commonsensical and mathematical increase in budget, therefore, the allegation reeks of mala fide," the DCPCR said in its statement. "It is surprising that the department that prepares the commission's budget and releases funds quarterly has taken six years to realise this," it added. The commission also dismissed the claim that it acted outside its mandate as "misplaced". The DCPCR said it is "well within its jurisdiction" to monitor the implementation of all central and city government schemes within the NCT of Delhi. Delhi LG VK Saxena Okays Enhancement of Adhoc Monthly Relief to Kashmiri Migrants.

It is expected to be "free of government control", considering its role is to act as a statutory watchdog, the commission further said. "Therefore, the order of the Hon'ble LG is without jurisdiction, and a mechanism to control the independent voice of the commission which is becoming inconvenient due to gross governance lapses pointed out by the commission," the statement said.

It further alleged that the lieutenant governor's actions are an attempt to "intimidate" the commission.

"The commission believes that these actions are an attempt to intimidate the commission to silence it, given its proactive role in highlighting the amendments in the Juvenile Justice (Care and Protection of Children) Act, 2015, which classified serious offences against children as non-cognisable, meaning no FIR and no inquiry will be commenced by police for serious offences against children," according to the statement. "The matter is now sub-judice and pending with the Supreme Court. We find these actions and interference by the WCD (Department) are possibly linked to our inquiry into illegal running of schools linked to powerful political people," the DCPCR said.

It also alleged that the special audit is "without jurisdiction, prejudiced and a mala fide attempt to paralyse" the commission's functioning and said the consequence of stopping funds will be catastrophic and adversely affect its functioning. "The stoppage of funds will compromise the commission's ability to monitor the children's homes, which are not in the best situation. In fact, many of the WCD (Department) officials, including the director, are under our inquiry for their role or negligence in maltreatment against children. Such callous people will have a free run now," the statement said.

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