National Commission for Protection of Child Rights (NCPCR)

National Commission for Protection of Child Rights (NCPCR)

This article covers “Daily Current Affairs” and the topic details “National Commission for Protection of Child Rights”. The topic “National Commission for Protection of Child Rights” has relevance in the “Indian Polity” section of the UPSC CSE exam.

For Prelims:

What is the National Commission for Protection of Child Rights?
Its Composition and Functions?

For Mains:

GS2: Statutory, Regulatory and various quasi-judicial bodies

Why in the news?

The National Commission for Protection of Child Rights (NCPCR) has sent a letter to the Manipur DGP, instructing them to acknowledge and lodge a FIR against three individuals.

 

National Commission for Protection of Child Rights (NCPCR)

The Commission for Protection of Child Rights Act, 2005, passed in December 2005, led to the establishment of the National Commission for Protection of Child Rights (NCPCR) in March 2007.

  • The Commission works under the aegis of the Ministry of Women and Child Development.
  • The primary objective of the commission is to ensure that all laws, policies, programs, and administrative systems align with the principles outlined in the Constitution of India and the United Nations Convention on the Rights of the Child. 
  • According to their definition, a child is considered to be an individual between the ages of 0 and 18 years.

 

Regulation/Act Definition of a Child 
Indian Census Under the age of 14
Universal Declaration of Child Rights Under the age of 18, unless majority is attained earlier according to applicable legislation
Indian Penal Code (IPC) 1860 Minors under the age of 7; Children with mental disabilities under the age of 12 (Section 83 IPC)
Indian Constitution (Article 21A) Ages 6 to 14
Child Labour (Prohibition and Regulation) Act, 1986 14 years
Juvenile Justice (Care and Protection of Children) Act, 2000 18 years

 

Composition

  • The Central Government appoints a chairperson, who is a distinguished individual with a notable track record in promoting children’s welfare. 
  • Six members are appointed from various fields, including at least two women, based on their eminence, ability, integrity, standing, and experience. –
    • Education;
    • Child health, care, 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; and
    • Laws relating to children.

 

Functions of the National Commission for Protection of Child Rights (NCPCR)

  • Review and Recommend Safeguards:
    • Examine and review the safeguards provided by existing laws for child rights protection.
    • Recommend effective measures for implementing these safeguards.
    • Present periodic reports to the central government on the working of these safeguards.
  • Inquire and Initiate Proceedings:
    • Investigate violations of child rights.
    • Recommend the initiation of legal proceedings in such cases.
  • Remedial Measures for Specific Situations:
    • Examine factors hindering the rights of children affected by various situations, such as terrorism, violence, disasters, domestic violence, HIV/AIDS, trafficking, etc.
    • Recommend appropriate remedial measures.
  • Special Care and Protection for Vulnerable Children:
    • Address matters concerning children in need of special care and protection, including distressed, marginalized, disadvantaged children, those in conflict with the law, juveniles, children without families, and children of prisoners.
    • Recommend appropriate remedial measures.
  • Review Policies and Treaties:
    • Study international treaties and instruments related to child rights.
    • Periodically review existing policies and programs on child rights.
    • Make recommendations for their effective implementation in the best interest of children.
  • Promote Research and Child Rights Literacy
  • Inspection and Remedial Action:
    • Inspect or cause inspections of custodial homes, residences, or institutions meant for children under government or authority control.
    • Advocate for remedial action when necessary.
  • Handling Complaints and Issues:
    • Inquire into complaints related to child rights violations and take suo motu notice of relevant matters.
    • Address issues arising from non-compliance with laws and policies for child protection.
  • Incidental Functions:
    • Perform other functions necessary for the promotion of child rights.
    • Not interfere in matters already under consideration by other duly constituted commissions.
  • Compliance with Convention on the Rights of the Child:
    • Analyse existing laws, policies, and practices for compliance with the Convention on the Rights of the Child.
    • Undertake inquiries and produce reports on policy or practice affecting children.

 

Responsibilities under other Acts

  • The Protection of Children from Sexual Offences Act, 2012 
    • Monitoring of Special Courts Designation by State Governments
    • Monitoring of Public Prosecutors Appointment by State Governments
    • Guidelines Formulation for the involvement of NGOs, professionals, experts and Application Monitoring of these guidelines by State Governments.
    • Training Module Design and Implementation
    • Dissemination of Information and Awareness
    • Reporting and Collecting Data on specific cases of child sexual abuse under the jurisdiction of Child Welfare Committees (CWC).
    • Assess the implementation of the Act’s provisions and include a separate chapter in the Annual Report to Parliament covering the findings.

 

  • Right of Children to Free and Compulsory Education Act, 2009
    • Evaluate and assess the safeguards for rights provided by or under the act, and propose measures for their efficient implementation. 
    • Inquire complaints concerning the child’s right to free and compulsory education.

 

The NCPCR plays a crucial role in safeguarding, promoting, and advocating for children’s rights in the country. Its primary objective is to ensure that all laws, policies, programs, and administrative processes align with the perspective of Child Rights, as outlined in the Indian Constitution and the United Nations Convention on the Rights of the Child.

 

The Commission aims to adopt a rights-based approach in national policies and programs, while also tailoring responses at the state, district, and block levels to consider each region’s unique characteristics and capabilities. It seeks to integrate better with communities and households to reach every child, and it anticipates that the on-ground experiences will influence the support it receives from all levels of government.

 

Sources: 

NCPCR writes to Manipur DGP, seeks FIR against CPM leader, 2 others | India News – The Indian Express 

 

Yojna daily current affairs eng med 27th July 2023

 

Q1. With reference National Commission for Protection of Child Rights (NCPCR), consider the following statements: 

  1. NCPCR is required to analyze existing laws, policies, and practices for compliance with the Convention on the Rights of the Child.
  2. One of the functions of NCPCR is to review and recommend safeguards for child rights protection provided by existing laws.
  3. The NCPCR is responsible for monitoring the implementation of the Right of Children to Free and Compulsory Education Act, 2009, and recommending measures for its effective implementation.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 3 only 

(d) None 

Answer: (a) 

 

Q2. Consider the following:

Regulation/Act Definition of a Child 
  1. Commission for Protection of Child Rights Act, 2005
6 to 18 years
  1. Child Labour (Prohibition and Regulation) Act, 1986
14 years
  1. Juvenile Justice (Care and Protection of Children) Act, 2000
18 years

 

How many of the abovementioned pairs are correctly matched?

(a) Only one 

(b) Only two 

(c) All three 

(d) None 

Answer: (b)

Q3. Discuss the National Commission for Protection of Child Rights’s structure and functions. Highlight its significance in protecting and promoting children’s rights in India.

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