Child Rights in India....

Child Rights in India

It is a fact that out of the 300 million children in India, a lot lives in an economic and social environment which could impede the child's physical and mental development. It is the need of the hour that we all gear up to meet the needs of these children in India today, to enable us to see an enlightened and empowered India tomorrow.

In India, the post-independence era has experienced an explicit expression of the commitment of the government to the cause of children through constitutional provisions, policies, programmes and legislation. In the last decade of this century, dramatic technological developments particularly in the areas of health, nutrition, education and related spheres have opened up new vistas of opportunities for the cause of children.

The Government, Non Government Organization (NGO’s) and others have all come together for the cause, primarily focusing on the unique problems concerning the children in India. They include issues related to children and work, tackling the problem of child labor, elimination of discrimination towards Girl Child, uplifting street children, indentifying the special needs of children with disabilities, and providing education to every child as its Fundamental Right.  

National Commission for Protection of Child Rights

Mandate The functions of the Commission as laid down in the Act are as follows: (a) examine and review the safeguards provided by or under any law for the protection of child  rights and recommend measures for their effective implementation and to present to the central   government, reports upon the working of those safeguards; (b) To 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; (c) To look into the matters relating to children in distress, marginalized and disadvantaged children without family and children of prisoners and recommend appropriate remedial  measures; (d)  To spread child rights literacy among various sections of society and promote awareness of   the safeguards available for protection of these rights; (e) To 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; (f) To inquire into the violation of child rights and recommend initiation of proceedings in such cases; and to take suo motu notice of matters relating to: (a) Deprivation and violation of child rights. (b).     Non-implementation of laws providing for protection and development of children. (c).   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. (d) Or take up the issues arising out of such matters with appropriate authorities. (g) 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 in the best interest of children; (h)  To analyze existing law, policy and practice to assess compliance with Convention on  the rights  of the Child, undertake inquiries and produce reports on any aspect of   policy or practice  affecting children and comment on proposed new legislation from a   child rights perspective; (i) To promote respect and serious consideration of the views of children in its work and in that of Government departments and organizations dealing with child. (j) To produce and disseminate information about child rights; (k) To compile and analyze data on children; and (l) To promote the incorporation on child rights into the school curriculum, teachers training and  training of personnel dealing with children

Composition

The Commission consists of the following members to be appointed by the Central Government for a term of three years: (a) A chairperson, who is a person of eminence and has done outstanding work for promoting the welfare of children. (b) Six members with experience, eminence, integrity, standing and ability in the field of   education, child health, care, welfare, development, juvenile justice, care of neglected or marginalized children or children with disabilities, elimination of child labour, child psychology and laws relating to children. (C) Member Secretary, not below the rank of joint secretary.

Powers                                                                                                                 

The Commission has all powers of the Civil Court trying a suit and in particular in respect of the following matters:

(a) Summoning and enforcing the attendance of any person from any part of India and  examining them on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning of any public record or copy thereof from any court of office;
(e) Issuing commissions for the examination of witnesses the documents;

To forward a case to a Magistrate having jurisdiction to try the same.

To Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that court may deem necessary.

Complaint mechanism

 The Commission is also required to take suo moto cognizance of serious cases of violation of child rights and to examine factors that inhibit the enjoyment of rights of children.

(a)   Complaints may be made to the Commission in any language of the 8th Schedule of the Constitution.

(b)   No fee shall be chargeable on such complaints.

(c)   The complaint shall disclose a complete picture of the matter leading to the complaint.

(d)   The Commission may seek further information/affidavit as may be considered necessary.

        

 Source: w.indg.in/primary-education/education-as-fundamental-human-right/ncpcr/national-commission-for-protection-of-child-rights