National Commission for Protection of Child Rights (NCPCR)

What’s in today’s article?

• Why in News?
• What is the NCPCR?
• Functions and Responsibilities of NCPCR
• NCPCR's Recommendations on Madrasas

Why in News?

• The National Commission for Protection of Child Rights (NCPCR) has raised serious concerns about the state of functioning in madrassas and called for stopping state funding to them unless they comply with the Right to Education Act.

What is the NCPCR?

• The NCPCR is an Indian statutory body established in 2007 under the Commission for Protection of Child Rights Act 2005. It works under the aegis of the Union Ministry of Women and Child Development (WCD).
• Its mandate is to ensure that all laws, policies, programs and administrative systems conform to the vision of the rights of the child (age 0 - 18 years) as enunciated in the Indian Constitution as well as the UN Convention on the Rights of the Child (CRC).
  • India has acceded to the 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.
• The Commission envisages a rights-based perspective, which flows into national-state-local policies and programmes, ensuring -
  • Well-being of children,
  • Strong institution-building processes,
  • Respect for local bodies and decentralisation at the community level and greater social concern in this direction.

Functions and Responsibilities of NCPCR:

• 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.
  • 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.
• Responsibilities:
  • It has been mandated under 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 the Protection of Children from Sexual Offences (POCSO) Act 2012 -
    • To monitor the designation of Special Courts by State Governments, and
    • To monitor the formulation of the guidelines described in the Act.
  • It has been charged with the monitoring of Child Care Institutions (CCIs) under the Juvenile Justice (Care and Protection of Children) Act 2015.
    • It was instructed to carry out a social audit of the same by the Supreme Court.

NCPCR's Recommendations on Madrasas:

• Allegations against madrasas:
  • While Articles 29 and 30 of the Constitution protects minority rights, children in these (madrasas) schools were deprived of equal access to quality education under the RTE Act.
  • There are also allegations of the presence of objectionable content in religious texts and a lack of qualified educators.
  • Madrasas reportedly deprive students of essential facilities and entitlements provided in regular schools, such as uniforms and midday meals.
• Key recommendations by NCPCR:
  • Its recommendations follow a HC ruling deeming the UP Board of Madrasa Education Act unconstitutional, citing violations of secularism and fundamental rights under Article 14 of the Constitution.
  • The NCPCR has written to the chief secretaries of all States and UTs recommending the –
    • Closure of madrasa boards as they lack accountability and transparency in their functioning.
    • Withdrawal of state funding to madrasas unless they comply with the RTE.
  • NCPCR has (in its report titled 'Guardians of Faith or Oppressors of Rights?') recommended –
    • Removing non-Muslim children from madrassas,
    • As their inclusion violates Article 28 of the Constitution, which prohibits the imposition of religious instruction without parental consent.
• Political reaction to the NCPCR’s recommendations: Some opposition parties argue that the recommendations appear politically motivated and risk fostering societal division.
• Way Ahead:
  • The NCPCR's recommendations and the subsequent political discourse underscore a critical intersection of education, minority rights, and governance in India.
  • As the debate unfolds, stakeholders emphasise the need for a balanced approach to ensure quality education for all children while respecting diverse cultural contexts.
  • To ensure this, the NCPCR called for the coexistence of both the religious and formal education but not within the same institution.

Q.1. What is the Right of Children to Free and Compulsory Education (RTE) Act 2009?

The RTE Act provides for the right of children to free and compulsory education till completion of elementary education in a neighbourhood school.

Q.2. What is the Juvenile Justice (Care and Protection of Children) Act (JJA) 2015?

The JJA 2015 consolidates and amends laws relating to children who are in need of care and protection or are alleged to be in conflict with the law. It aims to provide a child-friendly environment for children in India.

Source: Child rights body calls for stopping state funding to madrassas unless they comply with RTE norms

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