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Home Law & Policy

National Commission for the Protection of Child Rights

August 26, 2019
in Law & Policy
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Source: Press Information Bureau

Key highlights about NCPCR

  • The National Commission for the 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. 
  • National Commission for the 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.
  • Under the NCPCR the Child is defined as a person in the 0 to 18 years age group.
  • The Commission visualizes a rights-based perspective flowing into National Policies and Programmes, along with nuanced responses at the State, District and Block levels, taking care of specificity and strengths of each region. 
  • In order to touch every child, it seeks a deeper penetration to communities and households and expects that the ground experiences gathered at the field are taken into consideration by all the authorities at the higher level. 
  • Thus the Commission sees an indispensable role for the State, sound institution-building processes, respect for decentralization at   the local bodies and community level and larger societal concern for children and their well-being.

 Functions of the commission 

The Functions of the National Commission for the Protection of Child Rights as laid out in the Commissions for Protection of Child Rights (CPCR) Act,2005 are as follows:

  1. 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;
  2. Present to be central government, annually and at such other intervals, as the commission may deem fit, reports upon working of those safeguards;
  3. Inquire into violation of child rights and recommend initiation of proceedings in such cases;
  4. 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;
  5. Look into the matters relating to the 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;
  6. 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;
  7. Undertake and promote research in the field of child rights;
  8. Spread child rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;
  9. 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;
  10. 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 the welfare of the children and provide relief to such children;
      Or take up the issues rising out of such matters with appropriate authorities.
       
  11. Such other functions as it may consider necessary for the promotion of Child Rights and any other matter incidental to the above function.a state commission or any other commission duly constituted under any law for the time being in force.
  12. 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.
  13. Analyse existing law,policy and practice to assess compliance with the 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.
  14. Present to the Central Government annually and at such other intervals as the Commission may deem fit,reports upon the working of those safeguards.
  15. Undertake formal investigation where concern has been expressed either by children themselves or by concerned person on their behalf.
  16. 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.
  17. Produce and disseminate information about child rights.
  18. Compile and analyse data on children.
  19. Promote the incorporation of child rights into the school curriculum,training of teachers or personnel dealing with children.

 

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