21 Institutional Arrangements for Civic And Human Rights: National Commission for the Protection of Child Rights

Dr. Amna Mirza

The National Commission for Protection of Child Rights (NCPCR)

The National Commission for Protection of Child Rights (NCPCR) emphasises the principle of universality and inviolability of child rights and recognises the tone of urgency in all the child related policies of the country. For the Commission, protection of all children in the 0 to 18 years age group is of equal importance. Thus, policies define priority actions for the most vulnerable children. This includes focus on regions that are backward or on communities or children under certain circumstances, and so on. The NCPCR believes that while in addressing only some children, there could be a fallacy of exclusion of many vulnerable children who may not fall under the defined or targeted categories. In its translation into practice, the task of reaching out to all children gets compromised and a societal tolerance of violation of child rights continues. This would in fact have an impact on the program for the targeted population as well. Therefore, it considers that it is only in building a larger atmosphere in favour of protection of children’s rights, that children who are targeted become visible and gain confidence to access their entitlements.

• Likewise, for the Commission, every right the child enjoys is seen as mutually-reinforcing and interdependent. Therefore the issue of gradation of rights does not arise. A child enjoying all her rights at her 18th year is dependent on the access to all her entitlements from the time she is born. Thus policies interventions assume significance at all stages. For the Commission, all the rights of children are of equal importance.

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 as a statutory body under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), an Act of Parliament (December 2005). It was set up to protect, promote and defend child rights in the country.

• The functions of the Commission as laid out in the Act are as follows:
• The Commission shall perform all or any of the following functions, namely;
• 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
• Present to the Central Government, annually and at such other intervals, as the Commission may deem fit, Reports upon the working of those safeguards
• Inquire into violation of child rights and recommend initiation of proceedings in such cases
• Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disasters, domestic violence, HIV/ AIDS, trafficking, maltreatment, torture and exploitation, pornography, and prostitution and recommend appropriate remedial measures
• Look into matters relating to children in need of special care and protection, including children in distress, marginalised and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures
• Study treaties and other international instruments and undertake periodic review of existing policies, programmes, and other activities on child rights and make recommendations for their effective implementation in the best interest of children
• Undertake and promote research in the field of child rights
• Spread child rights literacy among various sections of society and promote awareness of the safeguards available for protection of these rights through publications, media, seminars and other available means
• 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
• Inquire into complaints and take suo moto notice of matters related to: Deprivation and violation of child rights
• Non implementation of laws providing for protection and development of children
• 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
• Such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions
• The Commission, while enquiring into any matter, has all powers of the 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 from any part of India and examining them on oath
  • Requiring the discovery and production of any documents Receiving evidence on Affidavits
  • Requisitioning of any Public Record or copy thereof from any Court of Office
  • Issuing commissions for the examination of witnesses or documents
  • Forwarding cases to Magistrates who have jurisdiction to try the same
  • On completion of inquiry, the Commission has the powers to take the following actions:
  • To recommend to concerned Government for initiation of proceedings for prosecution or other suitable action on finding any violation of child rights and provisions of law during the course of an inquiry
  • To approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary
  • To recommend to concerned Government or authority for grant of such interim relief to the victim or the members of his family as considered necessary.

CONCLUSION

The human rights movement in the new millennium needs to reflect on and be pro-active rather than reactive in evolving a new culture which is more sensitive, reflective and responsive to social relations. The focus must be the consciousness and arrest of those processes – political. Cultural, religious or economic which structure, generate, maintain and reproduce conflicts, violence and disrespect for human rights. Evolving the kind of culture requires working at various levels such as: (a) spreading awareness amongst masses, particularly amongst weaker, poor, disadvantaged and vulnerable groups, of and about their human rights, (b) improving capacities and confidence more so in the case of weak and disadvantaged to stand and ask for enforcement, protection and preservation of their rights,(c) sensitizing and requiring people to shed away some of their prejudices and attitudes which are derogatory of others’ dignity, (d) creating different kind of knowledge, innovating of reforming structures, evolving methodologies and normative regimes that are more responsive to human right jurisprudence, (e) devising and imparting new skills, training and competencies amongst the policy makers, decision makers and those responsible for executive these policies and human rights in discharging their functions. (f) Devisingh new and making effective existing structures of accountability so that state agencies and other power-holders can be easily held responsible for their disregard of human rights. This may gradually lead into the internalizing respect for human rights. Thus a massive transformation and education including higher education can play a significant role in bringing this revolution. Thus, acting as a catalyst of socio-economic transformation, process of education can play an important role in evolving hum rights culture.

The present world is going to be led by science and technology revolution. We have already witnessed the emergence of gene-technology, biologically manipulated products and many other such wonders. The real challenge is to ensure that through modern development in science and human exploitation and miseries. It is needed to ensure that new science and technology it does not acquire the arrogance and be the carrier of new kinds of human exploitations and miseries. It is needed to ensure that new science and technology become responsive and gets dedicated to the cause of humanity and human development .

‘ A nation’s ability to convert knowledge into wealth and social good through the process of innovation is going to determine its future’. The need is to empower the people and to develop strategies, which aim at development of capabilities of every individual to realize the full potential. Economics of knowledge is the methodology of improving the quality of governance through human development. The need is to harness the full potential of knowledge for human resource development, which is considerable in this region with its large population. Economics of knowledge provide the mechanism for forging tools to convert the intellectual capital into creative and productive kinetic energy to emerge as an economic power. The aim and objective of governance must be to achieve this end, and for this, it must become human governance i.e. good governance with focus on people’s welfare. The agenda must include these items together with mechanism for enforcing accountability of everyone exercising public power.

The emphasis on human dignity laid in the UN Charter, Universal Declaration of Human Rights and the several international covenants, as also in the national Constitutions, is the core value of human rights. The universally accepted belief that respect for human right is the only sure way of human development, which in the final analysis is the true index of progress and advancement. Human Right in the new millennium is the sure means of achieving not merely universal progress but also global peace and harmony.

Reference and Readings:-

• Andrew Clapham, Human Rights: A Very Short Introduction, New York: Oxford University Press, 2007.
• Jack Donnelly, Universal Human Rights in Theory & Practice, Cornell, Cornell University Press, 2003.
• P.M. Bakshi, TheConstitution of India, Delhi: Universal Law Publishing Co., 2007.
• Atul Kohli, Democracy and Discontent in India: India’s Growing Crisis of Governability, first edition, Cambridge: Cambridge University Press, 1990.
• Bidyut Chakrabarty, Indian Politics and Society since Independence: Events, Processes and Ideology, New York: Routeledge, 2008.
• The National Human Rights Commission (NHRC) of India: nhrc.nic.in.
• The National Commission for Women: ncw.nic.in.
• The National Commission for Protection of Child Rights (NCPCR): ncpcr.gov.in.