The National Commission for Protection of Child Rights is a statutory body* established under Section 3(1) of the Commission for Protection of Child Rights (CPCR) Act, 2005.
It functions under the Ministry of Women and Child Development.
National Child Rights Commission and related information is an important topic that is included in the syllabus for various Kerala PSC exams such as 10th level, Plus two level and Degree level prelims, and mains, etc.
Basic Facts
- Established on – March 5, 2007.
- Headquarters – New Delhi.
- Motto – Bhavishyo Rakshati Rakshit (भविष्यो रक्षति रक्षित:).
- Total Members – 7 (Chairman & 6 members).
- First Chairman of NCPCR – Dr. Shantha Sinha.
- Current Chairman of NCPCR – Priyank Kanoongo.
Objective of NCPCR
The main objective of the NCPCR is to safeguard, foster, and advocate for the rights of children throughout the nation.
The Commission strives to ensure that all laws, policies, programs, and administrative procedures adhere to the principles of the Indian Constitution and the perspectives on child rights outlined in the United Nations Convention on Child Rights.
The Commission aims to integrate a rights-based approach into national policies and programs, ensuring efficient responses at the state, district, and block levels. This strategy takes into account the distinctive characteristics and capabilities of each region.
The National Commission for Protection of Child Rights (NCPCR) defines a child as someone who is under the age of 18.
Structure of the National Commission for Protection of Child Rights
The National Child Rights Commission is comprised of 7 members under Section 3(2). The first being the Chairman, and out of the rest of the 6 members, at least 2 should be women.
- 7 members (1+5+1)
- Chairman,
- 5 members (at least 2 women; mandatory),
- 1 Member Secretary.
- Chairman,
- 5 members (at least 2 women; mandatory),
- 1 Member Secretary.
Chairman of NCPCR
- Appointed by – Central Govt.
- Term – 3 years or till the age of 65 years whichever is earlier.
- Removed by – Voluntary / Central Govt.
- Qualification – A person who has done exemplary work in promoting child welfare.
- Selection Committee Members: (3 members)
- Minister of Women and Child Development (Head / Chairman),
- 2 members appointed by the Central Govt.
- Salary/Allowance – Equivalent to that of Govt. Secretary (NCPCR Amendment, 2014)
- Reappointment eligibility – Yes, but not more than 2 terms.
Members of NCPCR
- Appointed by – Central Govt.
- Term – 3 years or till the age of 60 years whichever is earlier.
- Removed by – Voluntary / Central Govt.
- Reappointment eligibility – Yes, but not more than 2 terms.
Qualifications for Members of NCPCR
The members of NCPCR should be a person of eminence in the field of:
- Education,
- Laws relating to children,
- Child psychology or sociology,
- Child health, care, welfare or child development,
- Elimination of child labor or children in distress,
- Juvenile justice or care of neglected or marginalized children or children with disabilities.
The last member of NCPCR, the member secretary is appointed by the central government holds the rank of joint secretary and additional secretary. He/She is often affiliated with the Department of Women and Child Development.
Removal Criteria for Chairman & Members of NCPCR
Under Sections 7(1) & 7(2) of the Child Rights Act, the Central Government may by order remove the Chairperson or any other Member from office if the Chairperson or Member:
- Is adjudged insolvent,
- Refuses to act or becomes incapable of acting,
- Is of unsound mind and stands so declared by a competent court,
- Engages during his term of office in any paid employment outside the duties of his office,
- 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.
If the post of Chairman or member becomes vacant, the appointment should be made within 90 days, and it will be for the remainder of the term.
List of Chairmen of the National Child Rights Commission
The Former Chairmen of the National Commission for the Protection of Child Rights are as follows:
Sl. No. | Name | Term |
---|---|---|
1 | Shanta Sinha | 2007 – 2013 |
2 | Kushal Singh | 2013 – 2014 |
3 | Stuti Narain Kacker | 2015 – 2018 |
4 | Priyank Kanoongo | 2018 – Incumbent |
Powers & Functions of the Child Rights Commission
Functions of the Child Rights Commission
As per Section 13 of the Child Rights Act, of 2005, 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.
Additional Functions & Responsibilities of NCPCR Rules, 2006
- 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 the 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.
- Juvenile Justice (Care and Protection of Children) Act, 2015.
Powers of NCPCR
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 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.
(source: https://wcd.nic.in/sites/default/files/TheGazetteofIndia.pdf)
Portals & Toll-Free Numbers of NCPCR
- MASI Portal (Monitoring App for Seamless Inspection) – for managing inspections at shelter homes.
- Baal Swaraj Portal – for online tracking and digital real-time monitoring system for children in need of care and protection.
- E-Baal Nidan Portal – an online complaint management system for filing complaints on violations of children's rights.
- GHAR Portal (GO Home and Re-Unite) – enables digital transfer of children's cases to the appropriate authorities.
- SAMVEDNA (Sensitizing Action on Mental Health Vulnerability through Emotional Development & Necessary Acceptance) – a toll-free telephone counseling service (18001212830).
- SAHARA (Supportive Action with Holistic Approach to build Resilience among the children of Armed Martyrs) 18001236236.
- The National Commission for Protection of Child Rights (NCPCR) submits its annual report to the Central Government.
📝SideNotes:
- Child Rights Day in India / World Children's Day – November 20.
- 2023 Theme – For every child, every right.
Thanks for reading!!!
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