Home India Ministry of Home Affairs In pursuance of clause 1 of article 239 of the Constitution ...
Date: 2021-09-27 Category: Extra Ordinary State: Union Government Country: India

In pursuance of clause 1 of article 239 of the Constitution the President hereby

Issued by Ministry of Home Affairs · Not Applicable

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Executive Summary & Key Takeaways

## Policy Analysis Report: Extension of Child Rights Act to Ladakh **1. Executive Summary:** This report analyzes a notification from the Ministry of Home Affairs, Government of India, extending the authority to exercise powers and discharge functions under the Commissions for Protection of Child Rights Act, 2005 to the Lieutenant Governor of the Union Territory of Ladakh. This effectively empowers the Lieutenant Governor to act as the State Government under the aforementioned Act within Ladakh, ensuring the protection of child rights in the region. The key finding is the delegation of responsibility to the Lieutenant Governor, which streamlines the implementation of the Act within the Union Territory. **2. Introduction:** This report provides an overview of a notification issued by the Ministry of Home Affairs regarding the implementation of the Commissions for Protection of Child Rights Act, 2005, within the Union Territory of Ladakh. The analysis is based solely on the provided policy text. **3. Policy Overview:** This is a *new* policy with regards to the Union Territory of Ladakh concerning the Commissions for Protection of Child Rights Act, 2005. * **Core Objective:** To extend the jurisdiction and implementation of the Commissions for Protection of Child Rights Act, 2005, to the Union Territory of Ladakh. This is inferred from the direct delegation of power detailed in the document. **4. Background and Rationale:** * **New Policy Rationale:** The notification likely addresses the need to establish a clear authority for implementing the Commissions for Protection of Child Rights Act, 2005, within the newly formed Union Territory of Ladakh. Prior to this, the responsibility may have been unclear or subject to interpretation. This establishes a direct line of responsibility. **5. Key Provisions / Changes:** * **New Policy Provisions:** * The President of India, acting in accordance with Article 239 of the Constitution, directs that the Lieutenant Governor of Ladakh will exercise the powers and discharge the functions of the State Government under the Commissions for Protection of Child Rights Act, 2005, (Act 4 of 2006). * This delegation is subject to the control of the President and is effective until further orders. * The notification is issued under S.O. 3990(E) and bears the file number F. No. 12015/102/2021-L. **6. Target Audience and Stakeholders:** The primary stakeholders are: * **Children residing within the Union Territory of Ladakh:** They are the direct beneficiaries of the policy, as it ensures the protection of their rights as defined under the Commissions for Protection of Child Rights Act, 2005. * **The Lieutenant Governor of the Union Territory of Ladakh:** The Lieutenant Governor assumes the responsibility and authority for implementing the Act. * **Government agencies and organizations involved in child welfare in Ladakh:** These entities will now operate under the authority and direction of the Lieutenant Governor in matters pertaining to child rights. * **Ministry of Home Affairs:** The Ministry is responsible for issuing the notification and overseeing the implementation of the policy. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Lieutenant Governor of Ladakh is the primary responsible body. * **Timelines or Procedures:** The notification is effective immediately from the date of issuance (September 27, 2021) and remains in effect until further orders. No specific procedures are outlined in the provided text. * Given the text, there is a lack of specificity regarding the exact mechanisms or steps involved in implementing the Act under the Lieutenant Governor’s authority. Additional guidelines and operational procedures would likely be necessary. **8. Expected Outcomes / Impact of Changes:** * **Expected Outcomes:** * Enhanced protection of child rights within the Union Territory of Ladakh. * Clearer lines of authority and responsibility for child welfare issues. * More effective implementation of the Commissions for Protection of Child Rights Act, 2005, in the region. * Streamlined processes for addressing child rights violations and ensuring child welfare. **9. Conclusion:** The notification represents a significant step towards ensuring the protection of child rights in the Union Territory of Ladakh. By delegating the powers and functions under the Commissions for Protection of Child Rights Act, 2005, to the Lieutenant Governor, the policy establishes a clear framework for implementation and accountability. This is crucial for the welfare and development of children within the region. Further clarity on operational procedures and resource allocation would likely be beneficial for effective implementation.

Key Entities Referenced

Constitution: The Constitution of India, referenced in the context of Article 239. President: The President of India, issuing the directive. Lieutenant Governor of the Union territory of Ladakh: The administrator of Ladakh who will exercise powers and discharge functions of the State Government under the Commissions for Protection of Child Rights Act, 2005. Ladakh: A Union Territory of India. Commissions for Protection of Child Rights Act, 2005: An Indian legislation under which the Lieutenant Governor of Ladakh will exercise powers and discharge functions of the State Government. Ministry of Home Affairs: The Indian government ministry that issued the notification. New Delhi: The location where the notification was issued; the capital of India. MANISH TIWARI: Jt. Secy. of the Ministry of Home Affairs.
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रजजस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एलxx.x-GअID.-E2x7xx0 92021-229978 CG-DL-E-27092021-229978 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 3656] नई दिल्ली, सोमिार, जसतम्ब र 27, 2021/आज‍ि न 5, 1943 No. 3656] NEW DELHI, MONDAY, SEPTEMBER 27, 2021/ASVINA 5, 1943 गहृ मत्रं ालय अजधसचू ना नई दिल्ली, 27 जसतम्ब र, 2021 का.आ. 3990(अ).—संजिधान के अनच्ु छेि 239 के खण्ड (1) के अनुसरण में, राष्ट्रपजत एतद्द्वारा जनििे िेत े ह ैं दक संघ राज्य क्षेत्र लद्दाख के उप-राज्यपाल, राष्ट्रपजत के जनयंत्रण के अध्यधीन और अगले आििे ों तक, उक्त संघ राज्य क्षेत्र के भीतर, बालक अजधकार सरं क्षण आयोग अजधजनयम, 2005 (2006 का 4) के अधीन राज्य सरकार की िजक्तयों का प्रयोग एिं कायों का जनिवहन भी करेंग।े [फा. स.ं 12015/102/2021-एल] मनीष जतिारी, संयुक्त सजचि MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 27th September, 2021 S.O. 3990(E).—In pursuance of clause (1) of article 239 of the Constitution, the President hereby directs that the Lieutenant Governor of the Union territory of Ladakh shall, subject to the control of the President and until further orders, also exercise the powers and discharge the functions of the State Government under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) within the said Union territory. [F. No. 12015/102/2021-L] MANISH TIWARI, Jt. Secy. 5461 GI/2021 Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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