National Commission for Protection of Child Rights UPSC

About National Commission For Protection of Child Rights (NCPCR)

• The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005. 

• Thus, NCPCR is a statutory body under the Commissions for Protection of Child Rights (CPCR) Act, 2005 under the administrative control of the Ministry of Women & Child Development. 

• The Commissions for Protection of Child Rights (CPCR) Act, 2005 provides for a National and State Commission for protection of Child Rights.

• The National Commission's Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child. The Child is defined as a person in the 0 to 18 years age group. 

Functions of National Commission for Protection of Child Rights

(a) Examine and review the safeguards provided by or under any law for the protection of child rights and recommend measures for their effective implementation. 

(b) Present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards; 

(c) Inquire into violation of child rights and recommend initiation of proceedings in such cases 

(d) Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures 

(e) Look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures; 

(f) 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 in the best interest of children. 

(g) Undertake and promote research in the field of child rights. 

(h) Spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means 

(i) Inspect any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary 

(j) Inquire into complaints and take suo motu notice of matters relating to – 

• deprivation and violation of child rights; 
• non-implementation of laws providing for protection and development of children; 
• non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and 

(k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions. 

Power of National Commission for Protection of Child Rights Relating to inquiries

• The Commission shall, while inquiring into any matter of children shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) discovery and production of any document; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copy thereof from any court or office; and 

(e) issuing commissions for the examination of witnesses or documents. 

Annual Report of National Commission for Protection of Child Rights

• The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which according to the Commission is of urgent necessity. 

• The Central Government and the State Government concerned, as the case maybe, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively 

The Act Provides for Children's Court

• For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try offences against children. 

• Special Public Prosecutor - For every Children's Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.