The Lucknow Bench of the Allahabad High Court has directed the Uttar Pradesh state government to address the complete vacancy in the state’s child welfare regulatory body on an urgent basis. A division bench comprising Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary disposed of a Public Interest Litigation (PIL) after directing the administration to initiate and complete the appointment process for the commission’s leadership. The court’s order comes in response to submissions that the regulatory body has been entirely non-functional for over a year and a half.
Background of the Case
The proceedings were initiated through a writ petition filed under Article 226 of the Constitution of India by the non-governmental organization Human Unity Movement (Hum), acting through its Secretary, Dr. Sangeeta Sharma.
The petitioner approached the High Court seeking a writ of mandamus to compel the Principal Secretary of the Department of Women and Child Development, Government of Uttar Pradesh, to decide upon an earlier representation submitted by the organization. Additionally, the petitioner sought a directive to command the respondent state authorities to forthwith initiate and complete the process of appointing the Chairperson and Members of the Uttar Pradesh State Commission for Protection of Child Rights within a strict, time-bound period.
Arguments of the Parties
During the hearing, Durgesh Kumar Shukla and Km. Vishwa Mohini, representing the petitioner, highlighted the severe institutional paralysis of the Commission. The counsels submitted that “since November, 2024 there are no Members or Chairman in the Uttar Pradesh State Commission for Protection of Child Rights. The entire Commission is vacant and accordingly is non-functional.”
The State of Uttar Pradesh and its concerned department were represented by the Chief Standing Counsel (C.S.C.).
Court’s Analysis and Decision
Upon evaluating the prayers of the petitioner and hearing the submissions from the counsels of both sides, the division bench recognized the critical nature of the absolute vacancies in a body designated for child protection.
Recognizing the administrative delay, the division bench comprising Justice Saraf and Justice Chaudhary decided not to keep the petition pending. Instead, the court issued an explicit directive to ensure immediate administrative action.
The court ordered: “direct the State Government to look into this aspect on a war footing and appoint Members and Chairman expeditiously, preferably within a period of four months from date.”
With these directions, the writ petition was formally disposed of.
Case Title: Human Unity Movement (Hum) Thru. Secy. Dr. Sangeeta Sharma Versus State Of U.P. Thru. Prin. Secy. Deptt. Of Women And Child Development Lko. And Another
Case No.: Public Interest Litigation (PIL) No. 537 of 2026
Bench: Justice Shekhar B. Saraf, Justice Abdhesh Kumar Chaudhary
Date: June 2, 2026
