Commission for Protection of Child Rights
Role
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Name
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Affiliation
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Principal Investigator
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Dr.Gyanendra Kumar sahu
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Asst.Professor Utkal University
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Content Reviewer
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Dr.Gyanendra Kumar sahu
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Asst.Professor Utkal University
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Description of Module
Items
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Description of Module
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Subject Name
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Law
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Paper Name
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Social Transformation and Social Engineering
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Module Name /Title
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Commission for Protection of Child Rights
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Module No.
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IX
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The
Commission for Protection of Child Rights
Protection of Child Rights :
An Act to provide for the constitution
of a National Commission and State Commission for Protection of Child Rights
and Children’s Courts for providing speedy trial of offences against children
or of violation of child rights and for matters connected therewith or
incidental thereto.
The National Commission for
Protection of Child Rights:
(a) Constitution of Commission:
The Central Government is empowered to constitute a body to be known as the National Commission for Protection of Child
Rights to exercise the powers conferred on, and to perform the functions
assigned to it, under this Act. The office of Commission shall be at Delhi. The
Commission shall consists of the following members-
(i)
A Chairperson who is a person of
eminence and has done outstanding work for promoting the welfare of children: and
(ii)
Six Members, out of which at least two shall be women, from the following
fields, to be appointed by the Central Government from amongst persons of
eminence, ability, standing and experience in (a) education (b) child health,
care, welfare or children development (c) Juvenile justice or care of neglected
or marginalized children or children with disabilities (d) elimination of child
labour or children in distress (e) child psychology or sociology and (f) laws
relating to children.
(b) Appointment and term of Office:
The Central Government shall appoint the chairperson and other members of the
Commission. Chairperson shall be appointed on the recommendation of the three member Selection Commission constituted
by the Central Government under the chairmanship of the “Minister in-charge of
the Ministry or the Department of Women and Child Development”2. Term of the Commission is three years and chairperson or members may be re-elected for
second term, but not for more than two
terms. No chairperson shall hold the office after attaining the age of 65 years and member after
attaining the age of 60 years. Any of them may resign from his office at any
time in writing to Central Government.
(c) Removal from Office: The chairman may be removed from his office
by an order of the Central Government on the ground of misbehavior or incapacity. No person shall be removed
until that person has been given an opportunity
of being heard in the matter. The Central Government may by order remove
from office the Chairperson or any other member, if the Chairperson or, as the
case may be, such other member-
(i)
Is adjudged an insolvent, or
(ii)
Engage during his term of office in any
paid employment outside the duties of his office, or
(iii)
Refuses to act or becomes incapable of
acting, or
(iv)
Is of unsound mind and stands so
declared by a competent court, or
(v)
Has so abused his office as to render
his continuance in office detrimental to the public interest, or
(vi)
Is convicted and sentenced to
imprisonment for an offence, which in the opinion of the Central Government
involves moral turpitude, or
(vii)
Is, without obtaining leave of absence
from the Commission, absent from three consecutive meetings of Commission.
(d) Procedure for transaction of
Business: The Commission shall meet regularly at its office at
such time as the Chairperson thinks fit, but three months shall not intervene between its last and the next
meeting. All decisions at a meeting shall be taken by majority. In the case of
equality of votes, the chairperson or presiding officer have the right to cast
second vote. The Commission shall observe such rules of procedure in the
transaction of the business at a meeting, including the quorum at such meeting,
as may be prescribed by the Central Government. All orders and decisions of the
Commission shall be authenticated by the Members-Secretary or any other officer
of the Commission duly authorised by Member-Secretary in this behalf.
Functions of the
Commission:
(a) Examine and review the safeguards:
Prime function of the Commission is to examine and review the safeguards
provided by or under any law for the
time being in force, for the protection of the child rights and recommend
measures for their effective implementation.
(b) Present reports on Working of
safeguards: The Commission shall present reports to
the Central Government, upon the working of those safeguards, annually and at such other time, as the
Commission deems fit.
(c) Inquire into violation of child
rights: The Commission shall inquire into violation of
child rights and recommend initiation of proceedings in such cases.
(d) Examine all factors :
The Commission shall examine all factors that inhibit the enjoyment of rights
of children affected by the terrorism, communal violence, riots, natural
disaster, domestic violence, HIV / AIDS, trafficking, maltreatment, torture and
exploitation, pornography and prostitution and recommend appropriate remedial
measures.
(e) Look into the matter needing
special care and protection: The Commission should
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, juvenile, children without family and children
of prisoners and recommend appropriate remedial measures.
(f) Undertake and promote research:
The Commission shall undertake and promote research in the field of child
rights.
(g) Spread child rights literacy among
various sections: The Commission shall 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.
(h) Inspect juvenile custodian home,
etc.: The Commission shall 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 State Government or any other authority,
including any institution run by a social organisation, where children are
inmates or lodged for the purpose of treatment, reformation of protection and
take up with these authorities for remedial action, if found necessary.
(i) Inquire into complaint or take suo
motu notice: The Commission shall inquire into
complaints and take suo motu notice of the matters relating to (i) deprivation and violation of child
rights; (ii) non-implementation of laws providing for protection and
development of children (iii) non-compliance of public policy decisions,
guidelines for instructions aimed at mitigating hardships to and ensuring
welfare of the children and to provide relief to such children. The Commission
may take up the issue out of such matters, with appropriate authorities.
Restriction
on inquiry: The Commission shall not inquire into
any matter which is pending before the State Commission or any other Commission
duly constituted under any law for the time being in force.
(j) Monitoring of Child’s right to
education: According to section 31 of the Right of
Children to Free and Compulsory Education Act, 2009, the National Commission
for Protection of Child Rights constituted under section 3 or, as the case may
be, the State Commission for Protection of Child Rights constituted under
section under section 17, of the Commissions for Protection of Child Rights
Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them
under that Act, also perform the following, namely:
(a) Examine
and review the safeguards for rights provided by or under this Act and
recommend measures for their effective implementation.
(b) Inquire
into complaints relating to child’s right to free and compulsory education.
Powers of the Commission:
(i)
Issuing
of Summons: Summoning and enforcing the attendance
of any person and examining him on oath.
(ii)
Requiring the discovery of
documents: Requiring the discovery and production
of any document.
(iii)
Receiving
evidence: Receiving evidence on affidavits.
(iv)
Requisitioning
any public record: Requisitioning any public record or
copy thereof from any court or office.
(v)
Appointing
of Commissions: Appointing of commissions for the
examination of witnesses and documents.
Steps after inquiry:
(i)
Where the inquiry discloses, the
commission of violation of child rights of a serious nature or contravention
of provisions of any law for the time
being in force, it may recommend to the concerned Government or authority the
initiation of proceedings for prosecution or such other actions as the
Commission may deem fit against the concerned persons or persons.
(ii)
Approach
the Supreme Court or the High Court concerned for such
directions, orders or writs as that court may deed necessary.
(iii)
Recommend
to the concerned Government or authority for the grant of such
interim relief to the members of victims family as the Commission may consider
necessary.
Annual and special reports of
Commission: The
Commission shall submit an annual report to the Central Government and
to the State Government concerned and may at any time submit special reports on
any matter which, in its opinion, is of such urgency or importance that it
should not be deferred till submission of the annual report.
(a)
Constitution
of State Commission for Protection of Child Rights:
(i)
A Chairperson, who is a person of
eminence and has done outstanding work for promoting the welfare of children,
and
(ii)
Six
Members, out of which at
least two shall be women, from the following fields, to be appointed by the
Central Government from amongst persons of eminence, ability, standing and
experience in (a) education (b)
child health, care, welfare or children development (c)juvenile justice or care
of neglected or marginalized children or children with disabilities (d)
elimination of child labour or children in distress (e) child psychology or
sociology and (f) laws relating to children.
(b)
Appointment
and term of Office: The State Government shall appoint the
chairperson and other members of the Commission Chairperson shall be appointed
on the recommendation of the three member Selection Committee constituted by
the Central Government under the Chairmanship of the minister-in-charge of the
Department dealing with the children. Term of the Commission is three years and
chairperson or members may be re-elected for second term, but not for more than
two terms. No chairperson shall hold the office after attaining the age of 65
years and member after attaining the age of 60 years. Any of them may resign
from his office at any time in writing to Central Government.
(c)
Annual
and Special reports of State Commission: The State Commission shall submit an annual
report to the State Government and may at any time submit special reports on
any matter which, in its opinion, is of such urgency or importance that it
should not be deferred till submission of the annual report.
Children’s Court :
(a)
Children’s
Court : According to Section 25 of the Act, for the purpose
of providing speedy trial of offences against children or of violation of child
rights, the State Government may with the concurrence of the Chief Justice of
the High Court, by notifications specify at least a court in the State or specify, for each district, a
Court of Session to be children’s court to try the said offence. It shall not
apply if, a Court of Session is already specified as a special court or a
special court is already constituted for such offences under any law for the
time being in force.
(b)
Special
Public Prosecutor: The State Government shall specify a
Public Prosecutor or appoint an advocate who has been in practice as an
advocate for at least 7 years, as a Special Public Prosecutor for the purpose
of conducting the cases in every Children’s Court.
Provisions relating to finance,
account and adult:
(a)
Grants by the Central Government: According
to Section 27 of the Act, 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 this Act. The
Commission may spend such sums as it thinks fit for performing the functions
under this Act, and such sums shall be treated as expenditure payable out of
the grants.
(b)
Grants
by State Governments: According to Section 28 of the Act,
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 money as the State Government may
think for being utilized for the purpose of this Act. The State Commission may
spend such sums as it thinks fit for performing the functions under this Act,
and such shall be treated as expenditure payable out of the grants.
(c)
Accounts
and audit of Commission: According to Section 29 of the Act,
the Commission shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts in such form as may be prescribed by
the Central Government in consultation with the Comptroller and Auditor General
of India.
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