PRESTIGE INSTITUTE

OF MANAGEMENT &
RESEARCH
(Department of Law)

SUBJECT HUMAN RIGHTS

TOPIC- National Commission for the protection of child rights
Submitted by-
ARHUM KHAN
B.A.LL.B(hons)
5th Semester
INTRODUCTION

The National Commission for Protection of Child Rights (NCPCR) is

an Indian governmental commission, established by an Act of
Parliament, the Commission for Protection of Child Rights Act in
December 2005.
It is a statutory body.
The commission works under the agencies of Ministry of Women and
Child development, Government of India.
The Commission began operation in March 2007.
The Commission considers, its Mandate is "to ensure that all Laws,
Policies, Programmes, and Administrative Mechanisms are in
consonance with the Child Rights perspective.
{This convention defines child as a human being below 18 years of age}.
COMPOSITION OF COMMISSION

The commission comprises of

A Chairperson
six members (at least two should be women)
Appointment -
By Central Government
Term
3 years
Age limit -
65 years for chairperson
60 years for members
CONTINUED

Removal
The Central Government can remove the Chairperson from his office on
the ground of proved misbehavior or incapacity.
Qualification
The Chairperson of NCPCR should be a person of eminence who has
done outstanding work on promoting the child rights.
FUNCTIONS AND POWERS
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 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.
CONTINUED

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 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, etc.
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.
CONTINUED

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

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

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 his/her rights at his/her 18th year is dependent on the
access to all her entitlements from the time he/ she is born.
Thus policies interventions assume significance at all
stages. For the Commission, all the rights of children are of
equal importance.
THANK YOU