State Commission for Protection of Child Rights
Particular	Fact
Established Under	Commissions for Protection of Child Rights (CPCR) Act, 2005
Nature	Statutory Body
Constituted by	State Government
Jurisdiction	Concerned State
Composition	Chairperson + 6 Members (minimum 2 women)
Term	3 years (maximum 2 terms)
Maximum Age	Chairperson – 65 years; Members – 60 years
Appointing Authority	State Government
Removal	State Government
Powers	Civil Court powers while conducting inquiries
Reports	Annual Report and Special Reports submitted to the State Government
Monitors	CPCR Act, JJ Act, POCSO Act and RTE Act at the State level

The State Commission for Protection of Child Rights (SCPCR) is a statutory body constituted by the State Government under the Commissions for Protection of Child Rights (CPCR) Act, 2005 to protect, promote and defend the rights of children at the State level. It monitors the implementation of child-related laws, examines safeguards provided to children, inquires into violations of child rights, and advises the State Government on policies and programmes concerning children.

Establishment

State Commission for Protection of Child Rights (SCPCR) is a statutory body.It is constituted under Section 17 of the Commissions for Protection of Child Rights (CPCR) Act, 2005.

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 State 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 State Government appoints the Chairperson and other Members.
However, the Chairperson is appointed on the recommendation of a three member Selection Committee constituted by the State Government under the Chairmanship of the Minister in-charge of the Department dealing with children

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 State Government.

Salary and Allowances of Chairperson and Members

The salaries, allowances and other service conditions of the Chairperson and members are prescribed by the State Government. However, they cannot be varied to their disadvantage after their appointment.

Removal

The State 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 State 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 Secretary or an officer authorised by the 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 State 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 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, –
1. deprivation and violation of child rights;
2. non-implementation of laws providing for protection and development of children;
3. 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.

Functions Under Other Acts

Additional Functions under the Juvenile Justice (Care and Protection of Children) Act, 2015

Monitors implementation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
While inquiring into offences under the JJ Act, exercises the same powers as conferred under the Commissions for Protection of Child Rights Act, 2005.
Includes its activities under the JJ Act in its Annual Report referred to in the Commissions for the Protection of Child Rights Act, 2005.

Additional Functions under the POCSO Act, 2012

Monitors implementation of the provisions of the POCSO Act, 2012.
While inquiring into offences under the POCSO Act, 2012, exercises the same powers as conferred under the Commissions for Protection of Child Rights Act, 2005.
Includes its activities under the POCSO Act, 2012 in its Annual Report referred to in the Commissions for the Protection of Child Rights Act, 2005.

Additional Functions under the Right of Children to Free and Compulsory Education (RTE) Act, 2009

The State Commission for Protection of Child Rights shall:
- examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation;
- inquire into complaints relating to child's right to free and compulsory education; and
- take necessary steps after completion of an inquiry.
Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education, exercises the same powers as conferred under the Commissions for Protection of Child Rights Act, 2005.

Powers

The State 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 State 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 State Commission for Protection of Child Rights

The State Commissions for Protection of Child Rights submits an annual report to the 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 State Government shall place the Annual and Special Reports before 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.
The annual report shall be prepared in such form, manner and contain such details as prescribed by the State Government.

Children’s Courts

The Commissions for Protection of Child Rights Act, 2005 provides for the establishment of Children's Courts.
The State Government, with the concurrence of the Chief Justice of the High Court, may designate at least one Court in the State or a Court of Session in each district as a Children's Court for the speedy trial of offences against children and violations of child rights.
Special Public Prosecutor: For every Children's Court, the State Government specifies a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

The State Commission for Protection of Child Rights (SCPCR) serves as the primary child rights watchdog at the State level, ensuring that every child enjoys the rights guaranteed under the Constitution and various child protection laws. Through grievance redressal, monitoring of welfare legislations, policy recommendations, inspections, and awareness generation, it promotes a child-centric governance framework. Strengthening the institutional capacity of SCPCRs and ensuring effective implementation of their recommendations are essential for creating a safe, inclusive and rights-based 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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