National Commission for Protection of Child Rights (NCPCR)

National Commission for Protection of Child Rights (NCPCR)

The National Commission for Protection of Child Rights (NCPCR) has been constituted by the Government of India under the Commission for Protection of Child Rights (CPCR) Act, 2005, and is mandated to function for the protection and promotion of child rights.

• The Commission is further mandated to monitor the proper and effective implementation of
  • Protection of Children from Sexual Offences (POCSO) Act, 2012
  • Juvenile Justice (Care and Protection of Children) Act, 2015
  • Right to Free and Compulsory Education (RTE) Act, 2009
• India has acceded to the Convention on the Rights of the Child (CRC) in 1992 which is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention.

Composition of NCPCR

• Appointment:
  • The Chairperson and Members of the Commission are appointed by the Central government. 
  • The Chairperson shall be appointed on the recommendation of the three members committee constituted by the Central government under the chairmanship of the Minister of Education. 
• Removal: The Central Government may by order remove the Chairperson or any other Member from office if the Chairperson other Member:
  • Is adjudged insolvent.
  • Engages during his term of office in any paid employment outside the duties of his office.
  • Refuses to act or becomes incapable of acting.
  • Is of unsound mind and stands so declared by a competent court.
  • Has so abused his office as to render his continuance in office detrimental to the public interest.
  • Is convicted and sentenced to imprisonment for an offense, which in the opinion of the Central Government, involves moral turpitude.

Note: No person shall be removed until that person has been given an opportunity of being heard in the matter.

NCPCR Functions and Responsibilities

• The National Commission for Protection of Child Rights (NCPCR) has the following functions:
  • Examine and review existing safeguards for the protection of child rights and recommend measures for their effective implementation.
  • Report annually and at other intervals to the central government on the effectiveness of these safeguards.
  • Investigate violations of child rights and recommend legal proceedings in appropriate cases.
  • Review existing policies, programs, and activities related to child rights and make recommendations for their improvement.
  • Promote research in the field of child rights.
  • Raise awareness of child rights and available safeguards through various means, such as publications, media, and seminars.
  • Inspect institutions where children are detained or reside, including juvenile homes, and recommend remedial action if necessary.
  • Investigate complaints and take suo motu notice of issues related to the deprivation and violation of child rights and the non-implementation of laws protecting and developing children.
• Apart from the above functions, NCPCR has additional responsibilities. For instance:
  • The Commission has been mandated under Section 31 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 to examine and review the safeguards of the rights provided under the Act and to recommend measures for its effective implementation.
  • It has been mandated under POCSO Act, 2012 to monitor the designation of Special Courts by State Governments, to monitor the formulation of the guidelines described in section 39 of the Act.
  • It also has been charged with the monitoring of Child Care Institutions (CCIs) and was instructed to carry out a Social audit of the same by the Supreme Court.

NCPCR Powers

• The Commission, while investigating, shall have all the powers of a Civil court in respect of the following matters:
  • Summoning and enforcing the attendance of any person from any part of India and examining him/her on oath.
  • Requiring the discovery and production of any document.
  • Receiving evidence on affidavits.
  • Requisitioning any public record or copy thereof from any court or office.
  • Issuing commissions for the examination of witnesses and documents.
• After the inquiry, the Commission has the power to can take actions like
  • Recommending to the concerned Government or authority the initiation of proceedings for prosecution against the concerned person(s).
  • Approaching the Supreme Court or the High Court concerned for directions, orders, or writs.
  • Recommending to the concerned Government or authority for the grant of such interim relief to the victim or the members of the family.

What are the various initiatives taken by NCPCR to carry out its mandate?

Here are some of the initiatives taken by NCPCR to carry out its mandate:

• Protection of Children from Sexual Offences (POCSO) e-Box
  • It is an online complaint box for reporting child sexual abuse. 
  • It is an NCPCR initiative to help children report such crimes directly to the Commission. 
  • The online complaint management system enables easy reporting and timely action against the offenders under the POCSO Act, 2012. 
• Samvardhan
  • The Commission initiated an exercise of vulnerability mapping through the programme Samvardhan to Combat Child Trafficking along with other existing mechanisms.
• MASI App
  • The Commission has developed an application “MASI”- Monitoring App for Seamless Inspection for real-time monitoring of Child Care Institutions (CCIs) across the country. 
• GHAR - GO
  • NCPCR has developed and launched a portal, namely GHAR - GO Home and Re-Unite (Portal for Restoration and Repatriation of Child). 
  • The GHAR portal has been developed to digitally monitor and track the restoration and repatriation of children.

NCPCR hallenges and Limitations

Some of the challenges and limitations include

• Limited capacity to enforce recommendations: While NCPCR can make recommendations to government agencies and other organizations, it may have limited capacity to ensure that these recommendations are implemented.
• Limited resources: NCPCR has limited financial and human resources, which can hinder its ability to effectively carry out its functions and mandate.
• Lack of time frame for enquiries and investigations: There is no set time frame for the completion of enquiries or investigations conducted by the NCPCR.
• Limited capacity to address all issues: Given the wide range of issues affecting children in India, NCPCR may not have the resources or capacity to address all of these issues effectively.

What are the key recommendations for the effective functioning of NCPCR?

Some of the recommendations include:

• Increase funding: NCPCR should be provided with more financial resources to enable it to carry out its functions and mandate effectively.
• Strengthen legal powers: NCPCR should be granted more legal powers, such as the power to issue binding orders and impose fines, to enable it to take more effective action in cases of violations of child rights.
• Raise awareness: NCPCR should work to increase awareness of its existence and the services it provides, particularly among disadvantaged and marginalized communities.
• Enhance capacity to enforce recommendations: NCPCR should be given more authority to ensure that its recommendations are implemented by government agencies and other organizations.
• Empower children: NCPCR should prioritize the participation and empowerment of children in its work and decision-making processes.

What is the State Commission for Protection Of Child Rights?

The state Government constitutes the State Commission for Protection of Child Rights to exercise the powers and to perform the functions assigned under the Commission for Protection of Child Rights (CPCR) Act, 2005.

• The Chairperson and Members of the Commission are appointed by the State government. 
• Provided that the Chairperson shall be appointed on the recommendation of a three-member Selection Committee constituted by the State Government under the Chairmanship of the Minister in charge of the Department dealing with children. 
• The eligibility and term of the Chairperson and Members of the State Commission is similar to that of NCPCR.