National Commission for Protection of Child Rights (NCPCR)

Just as the National Commission for Women safeguards women’s rights, India also needed a dedicated statutory body to protect child rights. This led to the creation of the National Commission for Protection of Child Rights (NCPCR).

Establishment

Nature of the Body

• The NCPCR is a statutory body, not a constitutional one.
• It was established in 2007 under the Commissions for Protection of Child Rights Act, 2005.

Purpose

The Commission is responsible for:

• Protecting,
• Promoting, and
• Defending
  the rights of children in India.

Definition of “Child Rights”

Under the Act, “child rights” include:

• All rights laid down in the United Nations Convention on the Rights of the Child (UNCRC)
  • Adopted: 20 November 1989
  • Ratified by India: 11 December 1992

Under UNCRC, a child is defined as:
A human being below 18 years of age.

Thus, the NCPCR deals with the rights of children below 18 years.

Scope

The Commission monitors:

• All laws,
• Policies,
• Programmes, and
• Administrative mechanisms
  concerning children.

Objectives of the NCPCR

The Commission has two broad objectives:

1. To take cognizance of and redress violations of child rights.

2. To ensure that all laws, schemes, and government systems align with the “child rights” perspective as:

• Enshrined in the Indian Constitution, and
• Articulated in the UNCRC.

This ensures that children’s rights are not just written in documents but actively protected in governance.

Composition of the Commission

The NCPCR operates under the administrative control of the Ministry of Women and Child Development.

Members

It is a multi-member body:

• 1 Chairperson
• 6 Members
  • Of these, at least two must be women.

Qualifications

Chairperson:

• A person of eminence who has done outstanding work for children’s welfare.

Six Members:

They should be experts in the following fields:

1. Education
2. Child healthcare, welfare, or development
3. Juvenile justice, neglected children, marginalized children, or children with disabilities
4. Elimination of child labour or issues of children in distress
5. Child psychology or sociology
6. Laws relating to children

Basically, the Commission is staffed with leaders who understand children’s needs from multiple dimensions.

Appointment & Tenure

Appointment

• All members are appointed by the Central Government.
• The Chairperson is appointed on the recommendation of a three-member selection committee headed by the Minister-in-charge of Women and Child Development.

Service Conditions

• Salaries, allowances, and service conditions are decided by Central Government.
• Once appointed, these cannot be changed to their disadvantage.

Term

• Tenure: 3 years
• Maximum: 2 terms
• Upper age limit:
  • Chairperson: 65 years
  • Members: 60 years

They may resign anytime by writing to the Central Government.

Removal

The Central Government can remove the Chairperson or any member on:

(A) Proven misbehaviour or incapacity

(B) Or under these circumstances:

1. Declared insolvent
2. Engaging in paid employment outside their official duties
3. Refusing to act or becoming incapable of acting
4. Declared of unsound mind
5. Abuse of office detrimental to public interest
6. Conviction involving moral turpitude
7. Absence from three consecutive meetings

These conditions ensure accountability and integrity within the Commission.

Functions of the NCPCR

The Commission has a broad mandate similar to other human rights bodies. Its functions include:

1. Examine and review safeguards for child rights and suggest improvements.

2. Submit annual and periodic reports to the Central Government.

3. Inquire into violations of child rights and recommend legal proceedings.

4. Examine factors that inhibit the rights of children, especially those affected by:

• Terrorism
• Communal riots
• Natural disasters
• Domestic violence
• HIV/AIDS
• Trafficking
• Exploitation
• Prostitution

5. Look into cases of children needing special care, including:

• Children in distress
• Marginalized children
• Juveniles in conflict with law
• Children without families
• Children of prisoners

6. Study international treaties, monitor policies and programmes, and recommend better implementation.

7. Promote research related to child rights.

8. Spread child rights literacy and create public awareness.

9. Inspect juvenile custodial homes or any institution where children are lodged and suggest corrective actions.

10. Take complaints or suo motu notice regarding:

1. Deprivation of child rights
2. Non-implementation of laws
3. Non-compliance of policy decisions

11. Perform any other function necessary for promoting child rights.

Key Restriction

The NCPCR cannot inquire into:

Any matter already pending before a State Commission for Protection of Child Rights or any other Statutory Commission.

This avoids duplication and jurisdictional conflict.

Powers of the NCPCR

Just like the National Commission for Women, the National Commission for Protection of Child Rights (NCPCR) has been given civil court–like powers. This ensures that its inquiries are not mere formality—they carry legal weight.

Civil Court Powers

While inquiring into any matter, the Commission can:

1. Summon and enforce attendance of any person and examine them on oath.
2. Demand discovery and production of documents.
3. Receive evidence on affidavits.
4. Requisition public records from any court or office.
5. Issue summons for examination of witnesses or documents.

These powers make NCPCR a quasi-judicial authority.

Working of the NCPCR

After completing an inquiry, the Commission may take any of the following actions:

1. Recommend prosecution or suitable action

It may advise the concerned government or authority to initiate prosecution or take appropriate action against the guilty.

2. Approach the Supreme Court or High Court

In serious or urgent matters, the Commission itself may seek:

• Directions
• Orders
• Writs

from the judiciary.

3. Recommend interim relief

If a child has suffered harm, the Commission may recommend immediate interim relief such as medical support, shelter, financial help, or rehabilitation.

Reporting Mechanism

• The NCPCR submits annual or special reports to the Central Government and the concerned State Government.
• These reports must be laid before the respective legislatures, along with:
  • Action Taken Report (ATR)
  • Reasons for non-acceptance of recommendations (if any)

This must be done within one year.

This ensures transparency and legislative oversight.

Additional Functions Under Other Acts

The NCPCR is also given special responsibilities under three major child-related laws:

Right of Children to Free and Compulsory Education (RTE) Act, 2009

Under the RTE Act, the Commission has to:

1. Review and examine safeguards under the Act.
2. Inquire into complaints related to the right to free and compulsory education.
3. Take necessary steps after completing an inquiry.

Additionally, while inquiring under the RTE Act, the Commission exercises the same civil court powers given under the 2005 Act.

Protection of Children from Sexual Offences (POCSO) Act, 2012

NCPCR has the following duties:

1. Monitor implementation of the Act.
2. While inquiring into offences under POCSO, NCPCR has civil court–like powers.
3. Must include its POCSO-related activities in its annual report.

This ensures strict monitoring of child sexual abuse cases nationwide.

Juvenile Justice (Care and Protection of Children) Act, 2015

Under this Act, the Commission must:

1. Monitor implementation of the Act.
2. Exercise its full civil court–like powers during inquiries.
3. Include all JJ Act–related activities in its annual report.

Together, these three legislations expand NCPCR’s jurisdiction deeply into:

• Education
• Child safety
• Juvenile justice
• Child protection systems

State Commission for Protection of Child Rights (SCPCR)

Just like we have a National Commission, the Commissions for Protection of Child Rights Act, 2005 also provides for setting up State Commissions.

A State Government may establish the Commission through an Official Gazette Notification.

Composition of the SCPCR

The State Commission mirrors the NCPCR structure.

Members

• 1 Chairperson
• 6 Members (at least two women)

Qualifications

Chairperson:

• Person of eminence with outstanding work in children’s welfare.

Six Members:

Experts in:

1. Education
2. Child health, care, welfare, or development
3. Juvenile justice, neglected/marginalised children, or children with disabilities
4. Elimination of child labour or children in distress
5. Child psychology or sociology
6. Laws relating to children

So the State Commission also covers every important dimension of child rights.

Appointment & Service Conditions

• Members are appointed by the State Government.
• The Chairperson is appointed based on the recommendation of a three-member selection committee headed by the Minister in charge of child-related matters.
• Salaries and service conditions are prescribed by the State Government and cannot be changed to their disadvantage after appointment.

Tenure

• 3-year term
• Maximum of 2 terms
• Upper age limit:
  • Chairperson: 65 years
  • Members: 60 years

Members can resign anytime by writing to the State Government.

Removal

The State Government can remove the Chairperson on:

• Proven misbehaviour or
• Incapacity

It can also remove the Chairperson or any member if any of these conditions apply:

1. Declared insolvent
2. Engages in paid employment during tenure
3. Refuses to act or becomes incapable
4. Declared of unsound mind
5. Abuse of office
6. Conviction with moral turpitude
7. Absence from three consecutive meetings

These grounds are almost identical to those for the National Commission.

Functions of the State Commission for Protection of Child Rights (SCPCR)

The State Commission performs almost the same functions as the National Commission, but operates within the boundaries of the respective State. Let us understand its mandate:

1. Review of Safeguards

The Commission examines and reviews all legal safeguards meant for protecting child rights.
It then recommends improvements to ensure better implementation.

2. Reporting to State Government

Every year (and whenever necessary), the Commission submits reports to the State Government about:

• The condition of child rights
• How well child protection laws are working

This ensures constant monitoring and feedback.

3. Inquiries into Violations

The Commission can inquire into any violation of child rights and then:

• Recommend prosecution
• Suggest legal or administrative action

4. Study of Factors Affecting Child Rights

The Commission studies situations where children’s rights are compromised due to:

• Terrorism
• Communal riots
• Natural disasters
• Domestic violence
• HIV/AIDS
• Trafficking
• Exploitation
• Prostitution

It then suggests remedial steps to the government.

5. Children Needing Special Care

The Commission looks into cases involving:

• Distressed children
• Marginalized children
• Juveniles in conflict with law
• Children without families
• Children of prisoners

Its task is to recommend whatever steps are necessary for their protection and rehabilitation.

6. Review of Treaties and Policies

The Commission studies:

• International treaties
• UN conventions
• State-level policies/programmes

It then suggests how the State can better implement these standards.

7. Research Promotion

The SCPCR undertakes and promotes research on various aspects of child rights.
Research provides evidence-based recommendations.

8. Child Rights Literacy

The Commission spreads awareness through:

• Public campaigns
• Educational programmes
• Collaborations with NGOs

The aim is to ensure people understand children’s rights and know how to protect them.

9. Inspection Powers

It may inspect:

• Juvenile homes
• Shelter homes
• Reformative institutions
• Any place where children are lodged under State control or by NGOs

If it finds deficiencies, it directs authorities to take corrective action.

10. Suo Motu Action & Complaint Handling

The Commission can:

• Take up complaints directly
• Take suo motu notice (on its own)
• Intervene whenever it notices:
  1. Deprivation of child rights
  2. Non-implementation of child protection laws
  3. Non-compliance of policies meant for child welfare

11. Residual Powers

It may perform any other function necessary to promote and protect child rights.

Powers of the State Commission

While conducting inquiries, the SCPCR has the same powers as a civil court, such as:

1. Summoning people and examining them on oath
2. Demanding documents
3. Accepting evidence on affidavits
4. Requisitioning public records
5. Issuing summons to witnesses or for documents

These powers make the Commission a quasi-judicial authority.

Working of the State Commission

After an inquiry, the State Commission may:

1. Recommend prosecution or suitable action

Suggest legal action against the offender to the State Government.

2. Approach High Court or Supreme Court

Seek:

• Directions
• Orders
• Writs

in serious child rights violations.

3. Recommend interim relief

Suggest immediate assistance (medical, financial, rehabilitation) for the child.

Reporting to the Legislature

Its annual or special reports are placed before the State Legislature along with:

• Action Taken Report (ATR)
• Reasons for non-acceptance of recommendations

This ensures transparency and accountability.

Children’s Courts

To ensure speedy trial of offences against children, the Act provides for Children’s Courts.

How these Courts are Set Up?

• The State Government may designate:
  • Either one Court in the State
  • Or one Court of Session in each district
    to function as a Children’s Court.
• This can be done only with the concurrence of the Chief Justice of the State High Court.

Public Prosecutor for Children’s Court

The State Government:

• Either designates a Public Prosecutor, or
• Appoints a Special Public Prosecutor
  • Must be an advocate with at least 7 years of practice

This ensures that case involving children are handled by experienced legal professionals.