National Commission for Protection of Child Rights (NCPCR)
The National Commission for Protection of Child Rights (NCPCR) is the apex statutory body established to protect, promote and defend the rights of children in India. Constituted under the Commissions for Protection of Child Rights (CPCR) Act, 2005, it functions under the Ministry of Women and Child Development
.The Commission safeguards the rights of all children below 18 years of age and works to ensure their survival, development, protection and participation.It ensures that all laws, policies, programmes and administrative mechanisms are aligned with the constitutional and legal framework for child rights and monitors the implementation of key child protection legislations such as the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
Establishment
- Statutory Body: The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005).
- The Commission’s Mandate is to ensure that all laws, policies, programmes, and administrative mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child. The Child is defined as a person in the 0 to 18 years age group.
- Nodal Ministry: Ministry of Women and Child Development
Composition
- It is a multi-member body consisting of a Chairperson and six members. Out of the six members, at least two should be women.
- Chairperson should be a person of eminence who has done outstanding work for promoting the welfare of children
- Members appointed by the Central Government should be among persons of eminence, ability, integrity, standing and experience in any of the following fields:
- Education
- Child health, care, welfare or child development
- Juvenile justice, care of neglected or marginalised children, or children with disabilities
- Elimination of child labour or welfare of children in distress
- Child psychology or sociology
- Laws relating to children
Appointment of Chairperson and Members
- The Central Government appoints the Chairperson and other Members.
- However, the Chairperson is appointed on the recommendation of a three member Selection Committee constituted by the Central Government under the Chairmanship of the Minister in-charge of the Ministry or the Department of Women and Child Development.
Term of Office and Conditions of Service of Chairperson and Members
Term of Office
- The Chairperson and Members hold office for a term of three years from the date they assume office.
- They are eligible for reappointment, but cannot hold office for more than two terms.
- Maximum age limit:
- Chairperson: 65 years
- Members: 60 years
Resignation
- The Chairperson or any Member may resign at any time by submitting a written resignation to the Central Government.
Salary and Allowances of Chairperson and Members
- The salaries, allowances and other service conditions of the Chairperson and members are also prescribed by the Central Government. However, they cannot be varied to their disadvantage after their appointment.
Removal
The Central Government can remove the Chairperson on the ground of:
- Proved misbehaviour, or
- Incapacity.
Further, it can also remove the Chairperson or any member from the office under any of the following circumstances:
- is adjudged an insolvent; or
- engages during his term of office in any paid employment outside the duties of his office; or
- refuses to act or becomes incapable of acting; or
- is of unsound mind and stands so declared by a competent court; or
- has so abused his office as to render his continuance in office detrimental to the public interest; or
- is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; or
- is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission.
Safeguard: No Chairperson or Member shall be removed without being given a reasonable opportunity of being heard.
Procedure for Transaction of Business
- The Commission shall meet regularly at its office, and not more than three months shall elapse between two consecutive meetings.
- All decisions of the Commission shall be taken by a majority of the members present and voting.
- In the event of an equality of votes, the Chairperson (or the member presiding over the meeting) shall exercise a casting vote.
- If the Chairperson is unable to attend a meeting, the members present shall choose one among themselves to preside over the meeting.
- The Central Government shall prescribe the rules regarding the procedure and quorum for the meetings of the Commission.
- All orders and decisions of the Commission shall be authenticated by the Member- Secretary or an officer authorised by the Member-Secretary.
Functions
The functions of the Commission are as follows:
- 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 the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the 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 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 sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;
- inspect or cause to be inspected any juvenile 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 organisation; 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 matters 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 to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and
- such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions.
However, the Commission shall not inquire into any matter which is pending before a State Commission or any other Statutory Commission
Powers
- The Commission, while inquiring into any matter has all the powers of a civil court trying a suit and in particular in respect of the following matters:
- summoning and enforcing the attendance of any person and examining him on oath;
- discovery and production of any document;
- receiving evidence on affidavits;
- requisitioning any public record or copy thereof from any court or office; and
- issuing commissions for the examination of witnesses or documents.
Working
The Commission may take any of the following steps upon the completion of an inquiry—
- The Commission can recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;
- It may approach the Supreme Court or the High Court concerned for the necessary directions, orders or writs.
- recommend to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission may consider necessary.
Reports of the National Commission for Protection of Child Rights (NCPCR)
- The NCPCR submits an annual report to the Central Government and the concerned State Government.
- The Commission may submit Special Reports at any time on matters of urgent or significant importance, without waiting for the Annual Report.
- The Central Government and the concerned State Government shall place the Annual and Special Reports before Parliament or the State Legislature, respectively, along with:
- A Memorandum of action taken or proposed to be taken on the Commission’s recommendations.
- Reasons for the non-acceptance of any recommendation, if any.
- Time Limit: The reports must be laid before Parliament/State Legislature within one year from the date of receipt of the report.
- The annual report shall be prepared in such form, manner and contain such details as prescribed by the Central Government.
The National Commission for Protection of Child Rights (NCPCR) plays a pivotal role in ensuring that every child in India enjoys the rights guaranteed under the Constitution and various child protection laws. By monitoring the implementation of child welfare legislations, addressing violations, promoting awareness, and advising governments on policy reforms, the Commission serves as the country’s apex child rights watchdog. Strengthening its institutional capacity, ensuring effective implementation of its recommendations, and fostering greater coordination among stakeholders will be crucial for building a child-centric governance framework and securing a safe, inclusive, and nurturing environment for every child.
FAQs
1. What is the National Commission for Protection of Child Rights (NCPCR)?
The National Commission for Protection of Child Rights (NCPCR) is a statutory body established under the Commissions for Protection of Child Rights Act, 2005 to protect, promote and safeguard the rights of children in India.
2. Under which Act was the NCPCR established?
The NCPCR was established under the Commissions for Protection of Child Rights (CPCR) Act, 2005 and became operational in March 2007.
3. Which Ministry is the nodal ministry for the NCPCR?
The Ministry of Women and Child Development is the nodal ministry for the NCPCR.
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