Subject: NCPCR – SEND YOUR SUGGESTIONS PLEASE
SOCIAL JURIST New Delhi
A Civil Rights Group 12.03.2007
Dear All,
The National Commission for Protection of Child Rights (NCPCR)has been constituted with Ms. Shantha Sinha as its Chairperson. This is an opportune moment for all of us working for protection of childrens rights in the country today. The scope of the Commission is briefly the following:
(a) examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation;
(b) present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards;
(c) inquire into violation of child rights and recommend initiation of proceedings in such cases;
(d) 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;
(e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures;
(f) 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;
(g) undertake and promote research in the field of child rights;
(h) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;
(i) 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 and take up with these authorities for remedial action, if found necessary;
(j) inquire into complaints and take suo motu notice of matters relating to
(i) deprivation and violation of child rights;
(ii) non-implementation of laws providing for protection and development of children;
(iii) 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,
or take up the issues arising out of such matters with appropriate authorities;
(k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions.
(l) take any of the following steps upon the completion of an inquiry held under the Act, namely:-
(i) 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;
(ii) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
(iii) recommend to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission may consider necessary.
(m) 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 commend on proposed new legislation from the child rights perspective;
(n) present to the Central Government annually and at such other intervals as the Commission may deem fit, reports upon the working of those safeguards;
(o) undertake formal investigations where concern has been expressed either by children themselves or by concerned person on their behalf;
(p) ensure that the work of the Commission is directly informed by the views of children in order to reflect their priorities and perspectives;
(q) promote, respect and serious consideration of the views of children in its work and in that of all Government Departments and Organisations dealing with child;
(r) produce and disseminate information about child rights;
(s) compile and analyze data on children;
(t) promote the incorporation of child rights into the school curriculum, teachers training and training of personnel dealing with children.
(u) forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
Since this is the first such Commission for protection of childrens rights, it would require abundance of ideas on how it could take forward the agenda. We seek your response to enlist opinions and ideas on how this Commission can be utilized to serve the best interests if children in our country and strengthen all the public institutions to reach out to each and every child. We are spelling out some specific areas as a starting point for your suggestions. These questions are only indicative of the areas in which you could give your suggestions. There could certainly be other issues that you think is important.
Issues:
How can the Commission be accessible to voices in the country? Could you think of some systemic frameworks for flow of information on violation of childrens rights?
Apart from using the internet/website, what other mechanisms can be used for establishing contacts from the sub-district level onwards?
Till such time that Commissions are appointed at the state level, what would be the viable institutional framework for taking up cases?
How does the Commission enter into an effective dialogue with the Government and its various Departments/Institutions for strengthening their will to work for childrens rights? And what are these Departments?
Can we think of a list of institutions that can provide technical support, in the form of training, research, advocacy?
Please send in your responses to socialjurist@socialjurist.com and or to Ashok Agarwal, Advocate, 483, Lawyers Chambers, Block II, Delhi High Court, New Delhi 110003. We will compile your responses and forward them to the NCPCR for perusal.
Thanking You,
Ashok Agarwal
Advocate
Advisor, Social Jurist
M: 9811101923