National Commission for Protection of Child Rights (NCPCR): Safeguarding Children’s Welfare in India – (Part 01)

The National Commission for Protection of Child Rights (NCPCR) is a statutory body established under the CPCR Act of 2005 in India. Its primary goal is to ensure the protection and promotion of children’s rights across the country. Emphasizing the universality and urgency of child rights, the NCPCR’s responsibilities include monitoring laws, investigating complaints, and raising awareness about child rights issues. By collaborating with various stakeholders, the NCPCR aims to safeguard the well-being of the most vulnerable children.

National Commission for Protection of Child Rights

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

• Establishment: The National Commission for Protection of Child Rights (NCPCR) is a statutory body established under India’s Commissions for Protection of Child Rights (CPCR) Act, 2005. 
• Primary Mandate of NCPCR: Its primary mandate is to ensure the protection and promotion of children’s rights in the country.
• Principles: The National Commission for Protection of Child Rights (NCPCR) emphasizes the principle of universality and inviolability of child rights and recognizes the tone of urgency in all the child-related policies of the country. 
• • Thus, policies define priority actions for the most vulnerable children.

• Responsibilities of NCPCR: The NCPCR’s mandate encompasses a wide range of responsibilities, including:

• • Monitoring and reviewing the implementation of laws, policies, and programs related to child rights.
  • Investigating complaints of child rights violations
  • Recommending measures to enhance the protection and promotion of child rights.
  • Raising awareness about child rights issues
  • Collaborating with other stakeholders to promote child rights

Structure of the Commission

Appointment

• The appointment of the Chairperson and Members of the Commission is entrusted to the Central government.
• The Chairperson is meticulously chosen based on the recommendations of a three-member committee constituted by the Central Government, with the Minister of Education presiding over the committee.

Removal

• Chairperson may be removed by the Central Government on the ground of proved misbehaviour or incapacity.
• Resignation: A member of the NCPCR may resign from their office by writing to the Central Government.
• Death: If a member of the NCPCR dies, they will be deemed to have vacated their office.
• Grounds for Removal of NCPCR Members by the Central Government: The Central Government has the power to remove a Member of the NCPCR, including the Chairperson, under the following circumstances:

• If the Member has become incapable of discharging the functions of the office due to infirmity of mind or body.
• If the Member has been convicted of an offence involving moral turpitude.
• If the individual becomes an undischarged insolvent.
• If the Member has been absent from three consecutive meetings of the NCPCR without obtaining leave of absence from the commission.
• If the Member has, in the opinion of the Central Government, so abused the position of Member as to render that person’s continuance in office detrimental to the public interest.

Constitutional Provisions Related to Children

• Right to Live with Dignity (Article 21): The Constitution guarantees every child the right to live with dignity, personal liberty, and privacy under Article 21.
• Right to Equality and Non-Discrimination (Article 14 and Article 15): Every child has the right to equality and protection against discrimination as ensured by Article 14 and Article 15.
• Right Against Exploitation (Article 23 and Article 24): The Constitution provides children the right against exploitation, including prohibition of human trafficking and forced labor, under Articles 23 and 24.
• Right to Free and Compulsory Elementary Education (Article 21A): Article 21A guarantees the right to free and compulsory elementary education for all children in the 6-14 year age group.
• Directive Principles of State Policy (Article 39(f)): Article 39(f) mandates the State to provide children with opportunities and facilities for holistic development, protecting them from exploitation, moral neglect, and material deprivation.
• Article 45: The state shall endeavor to provide early childhood care and education for all children until they complete the age of six years
• Article 243G: Provides for institutionalization of child care by seeking to entrust programs of women and child development to Panchayat

Functions of the National Commission for Protection of Child Rights

• Examination and Review of Safeguards: Assess safeguards provided by existing laws for child rights protection.
  • Recommend measures for the effective implementation of these safeguards.
• Reporting to Central Government: Present annual reports to the Central Government on the working of safeguards.
  • Submit reports at intervals deemed fit by the commission.
• Inquiry and Recommendations: Investigate violations of child rights. Recommend initiation of legal proceedings in such cases.
• Addressing Various Challenges: Examine obstacles hindering children’s rights in situations like terrorism, communal violence, natural disasters, etc.
  • Recommend appropriate remedial measures to tackle these challenges.
• Special Care and Protection: Address issues related to children in need of special care and protection.
  • Recommend suitable measures for distressed, marginalised, disadvantaged, and conflict-affected children.
• International Treaties and Policies: Study international treaties and instruments related to child rights.
  • Periodically review existing policies and programs.
  • Make recommendations for effective implementation in children’s best interest.
• Research and Awareness: Undertake and promote research in the field of child rights.
  • Raise child rights awareness through publications, media, seminars, and other means.
• Inspection and Remedial Action: Inspect custodial homes and institutions under central or state government control.
  • Take up necessary remedial actions if violations or issues are found.
• Handling Complaints and Issues: Inquire into complaints related to child rights violations.
  • Take suo-motu notice of matters concerning:
  • Deprivation and violation of child rights.
  • Non-implementation of child protection laws.
  • Non-compliance with policies ensuring children’s welfare.
  • Address these issues with relevant authorities.
• Prohibition on Duplicate Inquiries: Avoid investigating pending matters before other commissions or authorities.
• Compliance with International Standards: Analyse existing laws, policies, and practices to ensure compliance with the Convention on the Rights of the Child.
  • Conduct inquiries and produce reports on policies affecting children.
  • Provide feedback on proposed legislation related to child rights.
• Respecting Children’s Views: Promote respect for children’s opinions in the commission’s work.
  • Encourage government departments and organizations dealing with children to consider children’s perspectives seriously.
• Information Dissemination: Produce and disseminate information about child rights to the public.
• Data Compilation and Promotion: Compile and analyse data related to children’s well-being and rights.
• Education and Training: Advocate for the inclusion of child rights in school curricula.
  • Promote training programs for teachers and personnel dealing with children to ensure awareness and understanding of child rights.

Functions under other Acts

Additionally, the commission has been assigned additional functions under three Acts relating to the children. These are as follows:

Right of Children to Free and Compulsory Education Act, 2009

• Examine and review the safeguards for rights provided by or under this act and recommend measures for their effective implementation
• Inquire into complaints relating to child’s right to free and compulsory education
• Spread awareness about the provisions of this Act and the importance of free and compulsory education.

The Protection of Children from Sexual Offences Act, 2012

• The commission is responsible for monitoring the implementation of this act, which protects children from sexual abuse and exploitation.

The Juvenile Justice (Care and Protection of Children) Act, 2015

• The commission is responsible for monitoring the implementation of this act, which provides for the care and protection of children who are in need of care and protection, including children who are victims of crime or abuse.

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021

• Issuance of Adoption Orders by DMs and ADMs: DMs and ADMs can issue adoption orders (earlier issued by courts) to ensure speedy disposal of cases, benefitting children in need of parental care. 
• Enhanced Monitoring Powers of DMs and ADMs: The DMs and ADMs will now have enhanced power to monitor the functioning of Child Welfare Committees (background checks), Juvenile Justice Boards, District Child Protection units, etc., to synergize efforts in favor of children in distress. 
• Clarification of Heinous and Serious Crimes: The act clarifies heinous and serious crimes, removing ambiguity. 
  • Now offences with a penalty of more than seven years can be tried as adults. 
• Fast Track Courts for Cybercrime: Fast track courts have been established to address cases of cybercrime against children and women, ensuring quicker judicial processes. 

Powers of the National Commission for Protection of Child Rights

Powers during Investigation

• Summoning and Examination: Summon and enforce the attendance of individuals from any part of India.
  • Examine witnesses under oath during the investigation process.
• Document Discovery: Require the discovery and production of any relevant document pertaining to the inquiry.
• Evidence Collection: Receive evidence submitted on affidavits to support the investigation.
• Access to Public Records: Requisition any public record or its copy from courts or offices for examination.
• Issuing Commissions: Issue commissions to examine witnesses and gather documents essential to the investigation.

Actions after Inquiry

• Recommendation for Prosecution: Recommend to the concerned Government or authority the initiation of legal proceedings against the involved individual(s) based on findings.
• Legal Approaches: Approach the Supreme Court or the respective High Court for necessary directions, orders, or writs related to the inquiry.
• Interim Relief Recommendations: Recommend to the concerned Government or authority the granting of interim relief to the victim or their family members as deemed necessary based on the inquiry’s outcome.

Conclusion

The NCPCR plays a vital role in advocating for and protecting child rights in India. 

• Through its comprehensive mandate, it addresses issues ranging from legal safeguards to awareness and education, ensuring compliance with both national and international standards. 
• By upholding children’s rights and providing necessary protections, the NCPCR strives to create a safe and nurturing environment for all children, fostering their holistic development and well-being.

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