NCPCR

National Commission for Protection of Child Rights (NCPCR) in India

The National Commission for Protection of Child Rights (NCPCR) emphasises the principle of universality and inviolability of child rights and recognises 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.

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.

Functions and Powers

The Commission shall perform all or any of the following functions, namely:

• 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 matters relating to children in need of special care and protection, including children in distress, marginalised 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 periodic 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 society and promote awareness of the safeguards available for protection of these rights through publications, 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 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 moto notice of matters related 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
• Such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions.

Complaint Mechanism

One of the Core Mandates of the Commission is to inquire into complaints of violations of child rights. The commission is also required to take suo moto cognisance of serious cases of violation of child rights and to examine factors that inhibit the enjoyment of rights of children.

1. Complaints may be made to the Commission in any language listed in the 8th Schedule of the Constitution.
2. No fee shall be chargeable on such complaints.
3. The complaint shall disclose a complete picture of the matter leading to the complaint.
4. The Commission may seek further information/affidavit as may be considered necessary.

While making a complaint, please ensure that the complaint is:

• Clear and legible, not vague, anonymous or pseudonymous.
• Genuine, not trivial or frivolous.
• Not related to civil disputes such as property rights, contractual obligations and the like.
• Not related to service matters.
• Not pending before any other commission duly constituted under the law or sub-judice before a court/ tribunal.
• Not already decided by the Commission.
• Not outside the purview of the Commission on any other grounds.

Complaints may be addressed to:

Source: NCPCR