Commission’s responsibility broadly focuses on five key Areas –
- Grievance Redressal:The Commission is to take up specific complaints that come up before it for the redress of grievances and also take up suo-motu cases, summon the violators of child rights, get them presented before the Commission and recommend to the Government or the Judiciary, any action based on an inquiry.
- Monitoring:Monitoring the implementation of all laws, policies, programmes and activities and functioning of institutional mechanism relating to children in the State.
- Recommendations: Recommending concerned authorities to address gaps in legal and policy framework as well as their implementation ensuring Right-Based approach.
- Public Awareness: Creating greater public awareness on Rights of children and the role of all Stakeholders.
- Research:Undertake research and documentation on various aspects of Child Rights.
Powers of the Commission
As per Section 14 of the CPCR Act 2005, the Commission, while inquiring into any matter, has all the powers of a Civil Court trying a suit under the Code of Civil Procedures, 1908 and in particular, with respect to the following matters:
- Summoning and enforcing the attendance of any person and examining him on oath
- Discovery and production of any document
- Receiving evidence on Affidavits
- Requisitioning of any Public Record or copy thereof from any Court or Office
- Issuing commissions for the examination of witnesses or documents
- Forwarding cases to Magistrates who have jurisdiction to try the same as if the case has been forwarded to him under sec.346 of the Code of Criminal Procedure 1973.
On completion of inquiry, under Section 15, the Commission has the powers to take the following actions:
- Where the inquiry discloses the commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons.
- Approach the Supreme Court or the High Court concerned for issuance of such directions, orders or writs as that Court may deem necessary.
- Recommend to concerned Government or authority for grant of such interim relief to the victim or the members of his family as considered necessary.
The functions of the commission (Section 13 of the CPCR Act, 2005)
- INQUIRE into complaints, take suo-motu notice of violation/deprivation of child rights
- INSPECT children’s home or observation homes & any place of residence/institution for children
- EXAMINE factors inhibiting enjoyment of child rights affected by terrorism, HIV/AIDS, trafficking, torture, maltreatment, etc.
- REVIEW existing laws and policies for children, identify gaps and recommend measures for effective implementation
- PROMOTE public awareness on children’s rights
- UNDERTAKE research/study in the field of child rights
- PROMOTE children’s participation in the decisions/actions affecting them.
Inquire into complaints and take suo-motu notice u/s 13 (1)(j) of matters relating to:
- deprivation and violation of child rights;
- non-implementation of laws for protection and development of children;
- non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardship and ensuring welfare of the children and providing relief to such children, or
- The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission u/s 13(2).
Who is a Child?
Child is a person who is below 18 years of age.
What is Child Rights?
Child Rights are specially classified human rights of persons below the age of 18 years. As per Article 15(3) of the Constitution of India, the State can make special provision for children and such special provisions cannot be construed as violation of Right to Equality (Article-14) as enshrined in the Constitution.
As per 2(6) CPCR Act 2005 ‘Child Rights’ includes the children’s rights adopted in the UNCRC on 20th November, 1989 and ratified by the Government of India on 11th December, 1992.
Broadly four kinds of rights conferred on children in UNCRC
Right to Survival: A child’s right to survival begins before a child is born. According to Government of India, a child’s life begins after twenty weeks of conception. Hence, the right to survival is inclusive of the child’s right to be born free, right to minimum standards of health, food, shelter, clothing, and the right to live with dignity.
Right to Development: Children have the right to all forms of development: Emotional, Mental and Physical. Emotional Development is fulfilled by proper care and love of a support system, Mental Development through education and learning and Physical Development through recreation, play and nutrition.
Right to Protection: A child has the right to be protected from neglect, exploitation and abuse at home, and elsewhere.
Right to Participation: A child has a right to participate in any decision making that involves him/her directly or indirectly. There are varying degrees of participation as per the age and maturity of the child.
Complaint Redressal Mechanism
- Registration of cases received through post, letter, mail, suo moto (news report, visual media)
- Visits to homes
- Case hearings.
- Enquiry (Primary & Secondary Information, Fact Finding if required).
- Recommendation, Order & Affidavits.
- Camp Court.
- Public Hearing.
- Toll free child helpline for children in difficult situation