The National Commission for Protection of Child Rights (NCPCR) underscores the fundamental principle of universality and absolute protection of child rights. It acknowledges the critical urgency across all child-related policies, safeguarding every child aged 0 to 18. Its primary mandate is to protect and promote rights enshrined in international conventions and national legislation.
About NCPCR
- Establishment: Autonomous, Statutory (non-constitutional) body established under the National Commissions for Protection of Child Rights Act, 2005. Constituted in 2007.
- Nodal Ministry: Ministry of Women and Child Development (MoWCD).
- Child Rights Framework: Adopted from the UN Convention on the Rights of the Child (UN CRC, 1989), ratified by India in 1992.
- Definition of Child: A human being less than 18 years of age.
Objectives of the Commission
- Review the constitutional and legal safeguards for children.
- Ensure laws, policies, and programmes align with the child rights perspective constitutionally and under UN CRC.
- Facilitate the redressal of grievances about the violation of child rights.
Composition and Appointment
NCPCR is a multi-member body nominated by the Central Government.
| Position | Details & Qualifications |
|---|---|
| Chairperson | Person of eminence with outstanding work in promoting child welfare. Appointed on recommendation of a 3-member selection committee (Chaired by the Minister of Women and Child Development). |
| 6 Members | Persons of ability, integrity, and standing with experience in: Education, Child health/welfare, Juvenile justice, Marginalised children/disabilities, Elimination of child labour, Child psychology/sociology, or Laws relating to children. |
| Women Representation | At least 2 members must be women. |
Service Conditions:
Salaries and allowances are prescribed by the Central Government and cannot be varied to their disadvantage after appointment.
Tenure and Resignation
- Term: 3 years (Limited to a maximum of 2 terms).
- Upper Age Limit: Chairperson (65 years) | Members (60 years).
- Resignation: Addressed to the Central Government.
Functions of the Commission
- Examination and Review: All matters relating to legal safeguards and inquiry into violations.
- Annual Reporting: Present reports annually to the Central Government.
- Analysis of Factors: Examine factors inhibiting rights (like terrorism, disasters) and recommend remedial measures.
- Special Care: Look into matters relating to children in need of special care (distressed, marginalised, etc).
- Literacy: Spread child rights literacy and promote awareness of safeguards.
- Inspection: Inspect any juvenile custodial home or residential institution under Govt/Social Org control and take remedial action.
Suo Motu Powers:
The Commission can take suo moto notice of:
- Deprivation of child rights.
- Non-implementation of laws enacted for protection/development.
- Non-compliance with policy decisions aimed at ensuring welfare.
Note: The Commission is prohibited from inquiring into matters pending before a State Commission (SCPCR) or any other Statutory Commission.
Working and Reporting Mechanism
Upon completion of an inquiry, the Commission may:
- Recommend initiation of proceedings against guilty persons.
- Approach SC/HC for directions, orders, or writs.
- Recommend interim relief to victims.
Reports: Annual/Special reports are laid before respective legislatures with a memorandum of action taken. Reasons for non-acceptance of recommendations must be provided within 1 year.
Functions Under Other Acts
The Commission has additional responsibilities under three specific Acts:
1. RTE Act, 2009
Inquire into complaints relating to a child's right to free and compulsory education. Enjoys the same powers as assigned under the 2005 Act.
2. POCSO Act, 2012 & JJ Act, 2015
Monitor the implementation of these provisions. Activities under these Acts are included in the NCW annual report.
Children’s Court: Expedited Justice
Established under the 2005 Act for speedy trial of offences against children.
- Authority: Designated by the State Government with the concurrence of the Chief Justice of the High Court.
- Special Public Prosecutor: An advocate with 7 years of practice is appointed to conduct cases in these courts.
State Commission (SCPCR)
All features are similar to the NCPCR, except it is constituted by the State Government and presents reports to the state legislature.
Conclusion
The NCPCR serves as a vital institution dedicated to safeguarding rights in education, health, and protection from abuse. By shaping policies, raising awareness, and driving positive change, it creates a safer and more nurturing environment for all children in the country.