The National Commission for Protection of Child Rights is a statutory body set up in 2007 under Commissions for Protection of Child Rights Act, 2005. Objective of this commission is to protect, promote and defend the child rights in India including the rights adopted in the United Nations Convention on the Rights of Children, 1989, ratified by India in 1992. {This convention defines child as a human being below 18 years of age}.
Composition of the Commission
This commission has a chairperson and six members of which at least two should be women. All of them are appointed by Central Government for three years. The maximum age to serve in commission is 65 years for Chairman and 60 years for members. The Central Government can remove the Chairperson from his office on the ground of proved misbehavior or incapacity. The Chairperson of NCPCR should be a person of eminence who has done outstanding work on promoting the child rights.
Functions of the Commission
The functions of the Commission are as follows:
- It examines and reviews the safeguards provided by the laws for protection of child rights and recommends measures for the same to government. It can submit a report annually or as it deems fit, for recommendation of these measures.
- It can insure into the violation of child rights and recommend initiation of proceedings in these cases. While inquiring into any such matter, the NCPCR has powers of a civil court trying a suit and in particular in respect of the following matters:
- summoning and enforcing the attendance of any person and examining him on oath
- requiring the discovery and production of any document
- receiving evidence on affidavits
- requisitioning any public record from any court or office and
- issuing summons for the examination of witnesses or documents.
- However, National Commission is prohibited from inquiring into any matter which is pending before a State Commission for Protection of Child Rights or any other Statutory Commission.
- To study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation.
- To undertake and promote research in the field of child rights.
- To spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights.
- To inspect any juvenile custodial home or any other place of residence or institution (under the control of the Central Government or any state government or any other authority, including any institution run by a social organization) where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action
- To inquire into complaints and take suomoto notice of matters relating to:
- deprivation and violation of child rights
- non-implementation of laws providing for protection and development of children and
- non-compliance of policy decisions or instructions aimed at mitigating hardships and ensuring
- welfare and providing relief to children.
- To perform such other functions as it may consider necessary for the promotion of child rights.
Functions Assigned under RTE, 2009
Apart from the above, the Right to Education assigns following duties to NCPCR:
- to examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation.
- to inquire into complaints relating to the child’s right to free and compulsory education; and
- to take necessary steps after completion of an inquiry.
Fnctions Assigned under POCSO Act, 2012
The commission has been given following functions under Protection of Children from Sexual Offences (POCSO) Act, 2012 and POCSO Rules 2012
- to monitor the implementation of the provisions of the POCSO Act
- to monitor the designation of Special Courts by state governments;
- to monitor the appointment of Public Prosecutors by state governments;
- to monitor the formulation of the guidelines described in the Act by the state governments etc.
Working of the Commission
The Commission may take any of the following steps upon the completion of an inquiry:
- It may recommend to the concerned government or authority the initiation of proceedings for prosecution or such other suitable action against the concerned person.
- It may approach the Supreme Court or the High Court concerned for the necessary directions, orders or writs.
- It may recommend to the concerned government or authority for the grant of necessary interim relief to the victim.
The Commission submits its annual or special reports to the Central Government and to the state government concerned. These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the Commission and the reasons for non-acceptance of any of such recommendations within one year.