The National Commission for Protection of Child Rights (NCPCR) emphasizes the principle of universality and inviolability of child rights and recognizes the tone of urgency in all the child related policies of the country.
For the Commission, protection of all children in the 0 to 18 years age group is of equal importance. Thus, policies define priority actions for the most vulnerable children.
This includes focus on regions that are backward or on communities or children under certain circumstances, and so on.
The NCPCR believes that while in addressing only some children, there could be a fallacy of exclusion of many vulnerable children who may not fall under the defined or targeted categories.
In its translation into practice, the task of reaching out to all children gets compromised and a societal tolerance of violation of child rights continues. This would in fact have an impact on the program for the targeted population as well.
Therefore, it considers that it is only in building a larger atmosphere in favour of protection of children's rights, that children who are targeted become visible and gain confidence to access their entitlements.
Likewise, for the Commission, every right the child enjoys is seen as mutually-reinforcing and interdependent. Therefore the issue of gradation of rights does not arise.
A child enjoying all her rights at her 18th year is dependent on the access to all her entitlements from the time she is born.
Thus policies interventions assume significance at all stages. For the Commission, all the rights of children are of equal importance.
The National Commission for Protection of Child Rights (NCPCR) has been consituted by the Government of India ,under the Commission for Protection of Child Rights (CPCR) Act,2005 to exercise and performs the powers and functions assigned to it under CPCR Act,2005.
The commission consist of the following members namely:-
A chairperson who, is a person of eminence and has done a outstanding work for promoting the welfare of children; and Six members, out of which at least two are woman, from the following fields, is appointed by the Central Government from amongst person of eminence, ability, integrity, standing and experience in,- Education;
Child health, care, welfare or child development;
Juvenile justice or care of neglected or marginalized children or children with disabilities;
Elimination of child labour or children in distress;
Child psychology or sociology; and
Laws relating to children.
The Functions of the National Commission for Protection of Child Rights as laid out in the Commissions for Protection of Child Rights (CPCR) Act,2005 are as follow:
Examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation;
Present to be central government, annually and at such other intervals, as the commission may deem fit, reports upon working of those safeguards; Inquire into violation of child rights and recommend initiation of proceedings in such cases;
Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures;
Look into the matters relating to the children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles children without family and children of prisoners and recommend appropriate remedial measures;
Study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children;
Undertake and promote research in the field of child rights;
Spread child rights literacy among various section of society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminar and other available means;
Inspect or cause to be inspected any juveniles custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organization; Where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;
Inquire into complaints and take suo motu notice of matter relating to :
Deprivation and violation of child rights;
Non implementation of laws providing for protection and development of children;
Non compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and provide relief to such children;
Or take up the issues rising out of such matters with appropriate authorities.
Such other functions as it may consider necessary for the promotion of Child Rights and any other matter incidental to the above function. A state commission or any other commission duly constituted under any law for the time being in force.
The Commission shall not enquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
Analyse existing law,policy and practice to assess compliance with Convention on the rights of the Child, undertake inquiries and produce reports on any aspects of policy or practice affecting childrenand comment on proposed new legislation related to child rights.
Present to the Central Government annualy and at such other intervals as the Commission may deem fit,reports upon the working of those safeguards.
Undertake formal investigation where concern has been expressed either by children themselved or by concerned person on their behalf.
Promote, respect and serious consideration of the views of children in its work and in that of all Government Departments and Organisations dealing with Child.
Produce and disseminate information about child rights.
Compile and analyse data on children.
Promote the incorporation of child rights into the school curriculum, training of teachers or personnel dealing with children.
Grants by Central Government.
The Central Government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the Central Government may think fit for being utilized for the purpose of protection of child rights.
The commission may spend such sums of money as it thinks fit for performing the functions under Commissions for Protection of Child Rights (CPCR) Act 2005, and such sums shall be treated as expenditure payable out of the grants received from Central Government.
Grants by State Governments
The State Government shall, after due appropriation made by legislature by law in this behalf, pay to the State Commission by way of grants such sums of the money as the state Government may think fit for being untilised for the purpose Commissions for Protection of Child Rights (CPCR) Act 2005.
The state commission may spend such sums of money as it thinks fit for performing the functions mentioned under Commissions for Protection of Child Rights (CPCR) Act 2005, and such sums shall be treated as expenditure payable out of the grants received from State government.
National Commission for Protection of Child Rights (hereinafter referred to as the Commission) is a statutory body constituted under Section 3 of the Commission for Protection of Child Rights (CPCR) Act, 2005 to protect the child rights and other related matters in the Country.
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 and Right to Free and Compulsory Education (RTE) Act, 2009.
In one of the functions laid down under Section 13 of the CPCR Act, 2005, the Commission has been assigned with the function to examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation.
The Commission also has the powers of Civil Court trying a suit under Section 14 of CPCR Act, 2005 and Code of Civil Procedure, 1908.
Commission developed an application- MASI Monitoring App for Seamless Inspection- for real time monitoring of the Child Care Institutions (CCIs) across the country .
It is user friendly sophisticated and comprehensive application linked with the monitoring portal so that automatic reports are generated