NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS

The National Commission for Protection of Child Rights is a

statutory body set up in 2007 under Commissions for Protection
of Child Rights Act, 2005. Objective of this commission is to
protect, promote and defend the child rights in India including
the rights adopted in the United Nations Convention on the
Rights of Children, 1989, ratified by India in 1992. {This
convention defines child as a human being below 18 years of
age}.
Composition of the Commission
This commission has a chairperson and six members of which
at least two should be women. All of them are appointed by
Central Government for three years. The maximum age to
serve in commission is 65 years for Chairman and 60 years for
members. The Central Government can remove the
Chairperson from his office on the ground of proved
misbehavior or incapacity. The Chairperson of NCPCR should
be a person of eminence who has done outstanding work on
promoting the child rights.
Functions of the Commission
The functions of the Commission are as follows:
 It examines and reviews the safeguards provided by the
laws for protection of child rights and recommends
measures for the same to government. It can submit a
report annually or as it deems fit, for recommendation of
these measures.
 It can insure into the violation of child rights and
recommend initiation of proceedings in these cases. While
 inquiring into any such matter, the NCPCR has 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
 requiring the discovery and production of any document
 receiving evidence on affidavits
 requisitioning any public record from any court or office
and
 issuing summons for the examination of witnesses or
documents.
 However, National Commission is prohibited from inquiring
into any matter which is pending before a State
Commission for Protection of Child Rights or any other
Statutory Commission.
 To 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.
 To undertake and promote research in the field of child
rights.
 To spread child rights literacy among various sections of
the society and promote awareness of the safeguards
available for protection of these rights.
 To inspect any juvenile custodial home or any other place
of residence or institution (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
 To inquire into complaints and take suomoto notice of
matters relating to:
 deprivation and violation of child rights
 non-implementation of laws providing for protection and
development of children and
 non-compliance of policy decisions or instructions aimed at
mitigating hardships and ensuring
 welfare and providing relief to children.
 To perform such other functions as it may consider
necessary for the promotion of child rights.

Functions Assigned under RTE, 2009

 Apart from the above, the Right to Education assigns

following duties to NCPCR:
 to examine and review the safeguards for rights provided
by or under this Act and recommend measures for their
effective implementation.
 to inquire into complaints relating to the child’s right to free
and compulsory education; and
 to take necessary steps after completion of an inquiry.

Functions Assigned under POCSO Act, 2012

 The commission has been given following functions under

Protection of Children from Sexual Offences (POCSO) Act,
2012 and POCSO Rules 2012
 to monitor the implementation of the provisions of the
POCSO Act
 to monitor the designation of Special Courts by state
governments;
 to monitor the appointment of Public Prosecutors by state
governments;
 to monitor the formulation of the guidelines described in
the Act by the state governments etc.

Working of the Commission

 The Commission may take any of the following steps upon

the completion of an inquiry:
 It may recommend to the concerned government or
authority the initiation of proceedings for prosecution or
such other suitable action against the concerned person.
 It may approach the Supreme Court or the High Court
concerned for the necessary directions, orders or writs.
 It may recommend to the concerned government or
authority for the grant of necessary interim relief to the
victim.
The Commission submits its annual or special reports to
the Central Government and to the state government
concerned. These reports are laid before the respective
legislatures, along with a memorandum of action taken on
the recommendations of the Commission and the reasons
for non-acceptance of any of such recommendations within
one year.