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National Commission for Protection of Child Rights

Context:

The National Commission for Protection of Child Rights has sought action against an app for allegedly disseminating explicit and objectionable material, including content targeted at children.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

  1. About NCPCR
  2. Functions the National Commission for Protection of Child Rights (NCPCR)
  3. Power of the National Commission for Protection of Child Rights (NCPCR)

About NCPCR

  • It is an Indian statutory body that was established in 2007 under an Act of Parliament – the Commission for Protection of Child Rights Act, 2005 – and works under the auspices of the Union Ministry of Women and Child Development (WCD).
  • Its mandate is to ensure that all laws, policies, programmes, and administrative systems conform to the vision of children’s rights (ages 0 to 18 years) as enunciated in the Indian Constitution and the UN Convention on the Rights of the Child.
  • The Commission envisions a rights-based approach that pervades national-state-local policies and programmes.
  • As a result, the Commission envisions the state playing an indispensable role in ensuring o Children and their well-being, o Strong institution-building processes, o Respect for local bodies and decentralisation at the community level, and greater social concern in this direction.

Composition of NCPCR

  • The commission consists of the following members:
    • A Chairperson
    • Six other members

Functions the National Commission for Protection of Child Rights (NCPCR):

The National Commission for Protection of Child Rights (NCPCR) carries out the following functions:

Safeguards:

  • Examines and reviews safeguards provided by or under any law and recommends measures for their effective implementation.
  • Reports on the operation of those safeguards to the Central Government on an annual basis and at any other times deemed appropriate.

Investigation and Study:

  • Investigates child rights violations and suggests legal action when necessary.
  • Studies treaties and other international instruments and reviews existing policies, programs, and provides recommendations on child rights.
  • Promotes research in the field of child rights.
Public Education and Advocacy:
  • Educates the public about children’s rights and raises knowledge of the safeguards that can be used to defend these rights through publications, the media, and other available channels.
  • Promotes, respects, and gives children’s opinions significant attention in its work and in the work of other government departments and organizations working with children.
  • Creates and distributes information on children’s rights.
  • Compiles and examines child data.
  • Encourages the inclusion of child rights in the school curriculum, teacher preparation programs, and training for other professionals who work with children.
  • Examines all barriers preventing children from exercising their rights in the wake of terrorism, intergroup conflict, riots, natural disasters, domestic violence, HIV/AIDS, trafficking, maltreatment, torture, and exploitation, as well as pornography and prostitution, and recommends appropriate corrective measures.
Complaints and Suo Moto Actions:
  • Inquires into complaints or takes suo moto notice of matters related to deprivation and violation of child rights, non-implementation of laws providing for the protection and development of children, non-compliance with decisions, instructions, or policies intended to lessen hardships for children, ensure their wellbeing, and offer relief to such children, or takes up the issues arising out of such matters with appropriate authorities.

Power of the National Commission for Protection of Child Rights (NCPCR):

The commission has all the powers of a civil court under the Code of Civil Procedure, 1908 while inquiring into any matter that falls under the CPCR Act, 2005.

  • The commission is authorized to exercise the following powers:
  • Summoning and enforcing the attendance of any person.
  • Discovery and production of any document.
  • Receiving evidence on affidavits.
  • Requisitioning any public record or copy thereof from any court or office.
  • Issuing commissions for the examination of witnesses or documents.

The Commission is authorized to forward any case to a Magistrate having jurisdiction to try the same.


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