Rajasthan

Appearance

National Commission for Protection of Child Rights ​

Establishment ​

  • Statutory body established in 2007 under the Commissions for Protection of Child Rights Act, 2005.
  • Mandate: protect, promote, and defend child rights.
  • Child rights defined per the UN Convention on the Rights of the Child (ratified by India on 11 December 1992). A child is defined as a human being below 18 years.
  • Deals with the effective implementation of laws and programs related to children.
  • Objectives:
    • Address violations of child rights.
    • Ensure laws, policies, and administrative mechanisms align with child rights perspective as per the Constitution and the UN Convention.
  • Autonomous body operating under the administrative control of the Ministry of Women and Child Development, Government of India.

Composition ​

  • Multi-member body: Chairperson and six members (at least two women).
  • Chairperson: Person of eminence with outstanding work for child welfare.
  • Members: Persons of eminence, ability, integrity, standing, and experience in:
    • Education
    • Child healthcare, 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
  • Appointment: Chairperson and members appointed by the Central Government.
    • Chairperson appointed on the recommendation of a three-member selection committee chaired by the minister-in-charge.

Tenure and Service Conditions ​

  • Salaries, allowances, and service conditions prescribed by the Central Government; cannot be varied to their disadvantage after appointment.
  • Term: Three years; eligible for reappointment for no more than two terms.
  • Upper age limit:
    • Chairperson: 65 years
    • Members: 60 years
  • Resignation: Can relinquish office by addressing resignation to the Central Government.
  • Removal by Central Government:
    • Proven misbehavior or incapacity
    • Insolvent
    • Engaging in paid employment outside duties
    • Refusal or incapacity to act
    • Unsound mind (declared by a competent court)
    • Abuse of office detrimental to public interest
    • Conviction for offense involving moral turpitude
    • Absence from three consecutive meetings

Functions ​

  • Examine and review safeguards for child rights and recommend measures for effective implementation.
  • Submit annual reports to the Central Government on the working of these safeguards.
  • Inquire into child rights violations and recommend initiation of proceedings.
  • Examine factors inhibiting enjoyment of child rights (terrorism, riots, natural disasters, violence, HIV/AIDS, trafficking, exploitation) and recommend remedial measures.
  • Address matters related to children in need of special care (distress, marginalized, conflict with law, without family, children of prisoners).
  • Study international instruments and review existing policies and activities on child rights.
  • Promote research and child rights literacy.
  • Inspect juvenile custodial homes.
  • Inquire into complaints and take suo moto notice of matters like deprivation of child rights, non-implementation of laws, and non-compliance of policy decisions.
  • Perform other functions necessary for the promotion of child rights.
  • Prohibited from inquiring into matters pending before a State Commission for Protection of Child Rights or any other Statutory Commission.

Powers ​

  • Powers of a civil court while inquiring:
    • Summoning and enforcing attendance
    • Requiring discovery and production of documents
    • Receiving evidence on affidavits
    • Requisitioning public records
    • Issuing summons for examination of witnesses

Working ​

  • Upon completion of inquiry, the Commission may:
    • Recommend initiation of proceedings to the concerned government or authority.
    • Approach the Supreme Court or High Court for directions.
    • Recommend interim relief to the victim.
  • Submits annual or special reports to the Central and State Governments.
  • Reports are laid before the respective legislatures with a memorandum of action taken and reasons for non-acceptance of recommendations within one year.

Functions Under Other Acts ​

  • The Right of Children to Free and Compulsory Education (RTE) Act, 2009:

    • Examine and review safeguards, and recommend measures for effective implementation.
    • Inquire into complaints related to free and compulsory education.
    • Take necessary steps after completion of an inquiry.
    • Has the same powers as assigned to it under the Commissions for the Protection of Child Rights Act, 2005.

  • The Protection of Children from Sexual Offences (POCSO) Act, 2012:

    • Monitor the implementation of the provisions of this Act.
    • Has the same powers as are vested in it under the Commissions for the Protection of Child Rights Act, 2005 when inquiring into any matter relating to any offense under this Act.
    • Includes its activities under this Act in the annual report referred to in the Commissions for the Protection of Child Rights Act, 2005.

  • The Juvenile Justice (Care and Protection) Act, 2015:

    • Monitor the implementation of the provisions of this Act.
    • Has the same powers as are vested in it under the Commissions for the Protection of Child Rights Act, 2005 when inquiring into any matter relating to any offense under this Act.
    • Includes its activities under this Act in the annual report referred to in the Commissions for the Protection of Child Rights Act, 2005.

State Commission for Protection of Child Rights ​

  • The Commissions for Protection of Child Rights Act of 2005 provides for the creation of not only the National Commission for Protection of Child Rights but also a State Commission for Protection of Child Rights at the state level.
  • A state government may constitute a State Commission for Protection of Child Rights through an Official Gazette Notification.
  • Multi-member body: Chairperson and six members (at least two women).
  • Appointment: Chairperson and members appointed by the State Government.
    • Chairperson appointed on the recommendation of a three-member selection committee chaired by the minister-in-charge.
  • Tenure and Service Conditions mirror the Central Commission
  • Functions of the state commission are similar to the national commission.
  • Powers of the state commission are similar to the national commission.
  • Working is similar to the national commission.

Children's Court ​

  • The Commissions for Protection of Child Rights Act (2005) also provides for the establishment of Children's Courts for the speedy trial of offences against children or of violation of child rights.
  • The state government may specify at least a court in the state or specify for each district, a Court of Session to be a Children's Court.
  • These courts can be set up by the state government only with the concurrence of the Chief Justice of the High Court of that state.
  • For every Children's Court, the state government specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor for the purpose of conducting cases in that court.