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National Commission For Protection Of Child Rights: Objectives, Composition

March 27, 2024 927 0

Introduction

The National Commission for Protection of Child Rights (NCPCR) underscores the fundamental principle  of universality and absolute protection of child rights, acknowledging the critical urgency across all  child-related policies in the nation. The Commission considers the safeguarding of every child aged 0 to  18 equally significant and prioritizes actions to address the needs of the most vulnerable children. Its  primary mandate is to safeguard and promote the rights of children as enshrined in various international conventions and national legislation. The National Commission for Protection of Child Rights (NCPCR) works to ensure the welfare, development, and  protection of all children in the country, with a focus on addressing issues related to child abuse,  exploitation, education, health, and overall well-being.

About the National Commission for Protection of Child Rights (NCPCR)

Establishment
  • Child Rights: Children’s rights were adopted in the United Nations Convention on the Rights of the Child (UN CRC, 1989) and ratified by the Government of India (1992).
  • Child: A human being less than 18 years of age. (Convention on Child Rights definition)
Objectives
  • Review the constitutional and legal safeguards for children
  • Ensure that all laws, policies, programmes and administrative mechanisms align with the child rights perspective constitutionally and as under the UN CRC.
  • Facilitate the redressal of grievances about the violation of child rights.
Composition
  • Multi-member body nominated by the Central Government (MoWCD).
  • Chairperson: Person of eminence, done outstanding work for promoting the welfare of children; appointed on the recommendation of a 3-member selection committee constituted by the Central Government. (Chairman: Minister-in-charge of the Ministry or the Department of Women and Child Development).
  • 6 Members:  Persons of ability, integrity and standing who have had experience in education; Child healthcare, welfare or child development; Juvenile justice or case of neglected or marginalised children or children with disabilities; Elimination of child labour or children in distress; Child psychology or sociology; and  Laws relating to children.
  • At Least 2 should be women
  • Salaries, Allowances and Other Service Conditions: Prescribed by the Central Government; cannot be varied to their disadvantage after their appointment.
Tenure
  • 3 years (Not appointed for more than 2 terms)
  • Upper age limit for holding office:
    • Chairperson: 65 years
    • Members: 60 years
Resignation To the Central Government.
Functions
  • Examination and Review: of all matters relating to the legal safeguards for child rights protection and inquire into its violations
  • Annual Reporting: Present report to the Central Government annually and at such other times as it may deem fit.
  • Analysis of Factors: Examine all factors that inhibit the enjoyment of rights of children; recommend remedial measures.
  • Special Care: Look into matters relating to children in need of special care.
  • Examination of Treaties: Study treaties and other international instruments and undertake periodical review of existing policies
  • Undertake and promote research in the field of child rights.
  • Literacy and Awareness: Spread child rights literacy and promote awareness regarding safeguards available.
  • Inspection of Juvenile Custodial Homes: Inspect any juvenile custodial home or any other place of residence or institution (under the control of the Central/ state government, or other authority, including an institution run by a social organization) where children are detained/ lodged; take up remedial actions.
  • Suo Motu Powers: Inquire and take suo moto notice of matters relating to:
    • Deprivation of child rights.
    • Non-implementation of laws enacted to provide protection and development of children.
    • Non-compliance with policy decisions or instructions aimed at mitigating hardships and ensuring welfare, providing relief to children.
  • Perform other functions necessary for the promotion of child rights.
  • Limitations on Inquiries: It must be noted here that the 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.
Report
  • The Commission presents an annual/special report to the Central/state government. 
  • All such reports are laid before respective legislatures, along with a memorandum. (action taken on the recommendation made by the Commission.)
  • The memorandum contains the reasons for non-acceptance of any of such recommendations within 1 year.
Working Upon completion of the inquiry, the Commission may take any of 

the following steps:

  • Initiation of Proceedings: Recommend initiation of proceedings against a person to the concerned government/authority.
  • Seeking Judicial Intervention: Approach SC/HC concerned for necessary directions, orders or writs.
  • Relief: Recommend to concerned government/authority for grant of interim relief to victims.

Role of the National Commission for Protection of Child Rights: Functions Under Other Acts

The commission has been assigned additional functions under 3 Acts relating to children. These are:

The Right of Children to Free and Compulsory Education (RTE) Act, 2009
  • Examine/Review: safeguards for rights provided by/under this Act; recommend measures for effective implementation.
  • Inquire into complaints relating to a child’s right to free and compulsory education (enjoys the same powers as assigned to it under the protection of the Child Rights Act, 2005)
  • Take necessary steps after completion of an inquiry.
The Protection of Children from Sexual offences (POCSO) Act, 2012 and 

The Juvenile Justice (Care and Protection)

Act, 2015

  • Monitor the implementation of the provisions of the Act.
  • The commission, while inquiring into any matter relating to any offence under the Act, have the same powers as are vested in it under the Commission for the Protection of Child Rights Act, 2005
  • Shall include its activities under this Act in the annual report referred to in the Commissions for the Protection of Child Rights Act, 2005.
State Commission For Protection of Child Rights: All its features are similar to the National Commission for the Protection of Child Rights, except that it is constituted by the state government and it presents a report to it annually and at such other times as it may deem fit.

Children’s Court: Expedited Justice and Protection of Child Rights

  • Established under the Commissions for Protection of Child Rights Act (2005) for speedy trial of offences against children, and violations of child rights.
  • Authority: The state government has the authority to designate a court in the state or, for each district, a Court of Session as a Children’s Court. 
    • However, such courts can only be established by the state government with the agreement of the Chief Justice of the High Court in that state.
  • Appointment of Special Public Prosecutor: For every Children’s Court, a public prosecutor or an advocate (practised for 7 years) is appointed as a special public prosecutor by the state government to conduct cases in that court.
Must Read
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Conclusion

  • The National Commission for Protection of Child Rights (NCPCR) serves as a vital institution dedicated to safeguarding and promoting the rights of children in India. 
  • Through its multifaceted mandate, the National Commission for Protection of Child Rights (NCPCR) works tirelessly to ensure that children’s rights are respected, protected, and fulfilled across various domains including education, health, protection from abuse and exploitation, and access to justice. 
  • With its commitment to advocating for the welfare and well-being of children, the National Commission for Protection of Child Rights (NCPCR) plays a crucial role in shaping policies, raising awareness, and driving positive change to create a safer and more nurturing environment for all children in the country.
Related Articles 
Schedules of Indian Constitution Constitution & Constitutionalism
Constitution of India: Sovereignty Directive Principles of State Policy in India
Indian Citizenship Act Union and Territory

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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UDAAN PRELIMS WALLAH
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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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