What is 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, an Act of Parliament (December 2005). National Commission for Protection of Child Rights (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 ,Government of India.
The 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.
The commission consist of the following members namely:-
- A chairperson who, is a person of eminence and has done a outstanding work for promoting the welfare of children; and
- Six members, out of which at least two are woman, from the following fields, is appointed by the Central Government from amongst person of eminence, ability, integrity, standing and experience in,-
> Education
> Child health, care, welfare or child development
> Juvenile justice or care of neglected or marginalised children or children with disabilities
> Elimination of child labour or children in distress
> Child psychology or sociology
> Laws relating to children.
- The Central Government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the Central Government may think fit for being utilized for the purpose of protection of child rights.
- The commission may spend such sums of money as it thinks fit for performing the functions under Commissions for Protection of Child Rights (CPCR) Act 2005, and such sums shall be treated as expenditure payable out of the grants received from Central Government.
Grants by State Governments
- The State Government shall, after due appropriation made by legislature by law in this behalf, pay to the State Commission by way of grants such sums of the money as the state Government may think fit for being untilised for the purpose Commissions for Protection of Child Rights (CPCR) Act 2005.
- The state commission may spend such sums of money as it thinks fit for performing the functions mentioned under Commissions for Protection of Child Rights (CPCR) Act 2005, and such sums shall be treated as expenditure payable out of the grants received from State government.
Functions of NCPCR :-
- Examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation
- Present to be central government, annually and at such other intervals, as the commission may deem fit, reports upon working of those safeguards
- Inquire into violation of child rights and recommend initiation of proceedings in such cases
- 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
- Look into the matters relating to the children in need of special care and protection including children in distress, marginalised and disadvantaged children, children in conflict with law, juveniles children without family and children of prisoners and recommend appropriate remedial measures
- 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
- Undertake and promote research in the field of child rights
- Spread child rights literacy among various section of society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminar and other available means
- Inspect or cause to be inspected any juveniles 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 organization
- 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;
- Inquire into complaints and take suo motu notice of matter 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 provide relief to such children
> Take up the issues rising out of such matters with appropriate authorities. - The Commission shall not enquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
- Analyse existing law,policy and practice to assess compliance with Convention on the rights of the Child, undertake inquiries and produce reports on any aspects of policy or practice affecting children and comment on proposed new legislation related to child rights.
- Present to the Central Government annually and at such other intervals as the Commission may deem fit,reports upon the working of those safeguards.
- Undertake formal investigation where concern has been expressed either by children themselved or by concerned person on their behalf.
- Promote,respect and serious consideration of the views of children in its work and in that of all Government Departments and Organisations dealing with Child.
- Produce and disseminate informtion about child rights.
- Compile and analyse data on children.
- Promote the incorporation of child rights into the school curriculum,training of teachers or personnel dealing with children.
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