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About NCPCR:
- National Commission for Protection of Child Rights (NCPCR), a statutory body constituted under section (3) of the Commission of Protection of Child Rights (CPCR) Act 2005.
- The commission's mandate is to ensure that all laws, policies, programs and administrative systems conform to the vision of the rights of the child as enunciated in the Constitution of India as well as the United Nations Convention on the Rights of the Child.
- A child is defined as a person falling in the age group of 0 to 18 years.
Power of the Commission
- The Commission, while inquiring into any matter under Section 13(1)(j) of CPCR Act, 2005 has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and, in particular, in respect of the following matters, namely:-
- summoning and enforcing the attendance of any person and examining him on oath;.
- discovery and production of any document;
- receiving evidence on affidavits;
- requisitioning any public record or copy thereof from any court or office; and
- issuing commissions for the examination of witnesses or documents.
- The Commission has also the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
The Functions of the National Commission for Protection of Child Rights as laid out in the Commissions for Protection of Child Rights (CPCR) Act,2005 are as follow:
- 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, marginalized 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;
- Or take up the issues rising out of such matters with appropriate authorities.
- 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 themselves or by a 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 information 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.
Besides these function NCPCR has additional responsibility
- POCSO Act,2012
- RTE Act,2009
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