National Commission for Protection of Child Rights

In March 2007, the National Commission for the Protection of Child Rights (NCPCR) was created. The Commissions for Protection of Child Rights Act of 2005 designates it as a statutory body. It was established to safeguard, advance, and defend children’s rights throughout the nation. A chairperson and six members with expertise in child welfare make up the Commission. In accordance with the Right to Education Act of 2009, it investigates complaints about a child’s right to free and mandatory education.  It oversees the 2012 Protection of Children from Sexual Offenses (POCSO) Act’s implementation. The Commission envisions an integration of a rights-based viewpoint into national policies and programs as well as nuanced responses at the State, District, and Block levels that take into account the unique characteristics and advantages of each region. The Ministry of Women and Child Development oversees the administrative operations of NCPCR. The NCPCR asserts that all children have unalienable rights. Additionally, it recognizes the significance of all national efforts involving children. The Commission places equal importance on the protection of all children, ranging in age from 0 to 18. The intended audience for the program would also be impacted by this. Therefore, it holds that the only way for children who are targeted to become visible and gain confidence in using their rights is by fostering a wider culture in favor of safeguarding children’s rights.  The NCPCR focuses on underdeveloped areas, communities, children in particular situations, and so forth because it believes that only by creating a larger atmosphere in support of the protection of children’s rights will the children it works to assist become visible and develop the confidence to claim their rights. Every right that the child enjoys is viewed by the Commission as interconnected and mutually reinforcing. 

Recently, it has made headlines because the Supreme Court asked the National Commission for the Protection of Child Rights (NCPCR) to respond to its letter to eight States requesting the immediate return of children residing in care facilities with their families. The court is voluntarily keeping an eye on the welfare of kids who were placed in foster homes during the pandemic. The NCPCR opposes PUBG’s comeback to India in December 2020.

Rights of a Child:

No matter their race, creed, or color, all children have the right to live with dignity, be themselves, and contribute to their communities and countries, which is protected and emphasized by our Constitution. A child has the following fundamental rights:

• Survivor-ship Rights: It includes, among other things, a child’s right to food, shelter, and medical care.
• Rights in Development: It speaks to a child’s right to grow and use all of his or her skills and assets. They are entitled to play, enjoy themselves, receive an education, and have access to information.
• Security Rights: It makes sure the child is protected against antisocial behaviors including child abuse, child labor, and sexual and mental hazing.
• Rights of Participation: It requires the capacity for self-expression and participation in all aspects of community life with other members of society.

The complaint process of NCPCR:

Investigation of reports of child rights abuses is the NCPCR’s primary duty. The panel must also investigate circumstances that prevent children from exercising their rights and take suo moto cognizance of major incidents of child rights violations. Any phrase included in the 8th Schedule of the Constitution may be used to file a complaint with the NCPCR. Such complaints are not subject to fees. The complaint must provide a thorough account of the incident that gave rise to it. If additional information or an affidavit is deemed required, NCPCR may request it.

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

• The NCPCR serves as a compass for children in need of particular protection and care, such as children in distress, marginalized and underprivileged children, children in conflict with the law, juveniles, children without families, and children of prisoners, and makes recommendations for improvements.
• It raises awareness of children’s rights and measures to protect them among diverse societal segments. It reviews every facility where children are housed or detained for treatment, reformation, or protection as necessary and advises corrective measures to the relevant authority.
• It investigates complaints and takes suo moto notice of matters relating to deprivation and violation of child rights, non-implementation of laws ensuring the protection and development of children, and non-compliance with policy decisions, guidelines, or instructions aimed at mitigating hardships and ensuring the welfare of the children. It then either provides relief to such children or brings issues arising from such matters to the attention of the appropriate authorities.
• It conducts periodic reviews of current policies, programs, and other actions on child rights, analyses treaties and other international instruments, and proposes their successful implementation. Additionally, it advocates and does research in the area of children’s rights.
• The NCPCR has a responsibility to study and analyse the safeguards established by or pursuant to any law for the protection of children’s rights and to make recommendations for their efficient implementation. Additionally, it provides the government with information on the application of such measures.
• When children report concerns on their own behalf or on behalf of anybody else, the NCPCR conducts formal investigations. It prioritizes the promotion, respect, and consideration of children’s viewpoints in all of its work, as well as the work of all government agencies and organisations that deal with children.
• It gathers and examines data on kids, advocates for the inclusion of kids’ rights in the curriculum, and trains teachers and other staff who work with kids.
• The Protection of Children from Sexual Offenses (POCSO) Act of 2012 and the Right to Education Act of 2009 each impose additional duties on the Commission.
• It looks into cases of child rights violations, recommends the start of legal proceedings, and assesses all factors that prevent children from fully exercising their rights in the wake of terrorism, inter-group conflict, riots, natural disasters, domestic abuse, HIV/AIDS, trafficking, maltreatment, torture, and exploitation, as well as pornography and prostitution.

Mandated by the Following Acts:

• 2009 Right to Education Act: The RTE Act’s major goal is to guarantee that every child in India obtains a quality elementary education, regardless of their family’s financial situation or caste. This includes kids who are compelled to drop out of school. It investigates concerns involving a child’s right to a free, public education.
  Review the protections for rights offered by or under this act, examine them, and provide recommendations for how to put them into practice.
• The 2012 Protection of Children from Sexual Offenses Act (POCSO): The POCSO Act’s implementation is being watched. Monitoring the designation of Special Courts by State Governments, as well as the appointment of Public Prosecutors by State Governments, is also required. It deals with sexual offences committed against those who are younger than 18 and are therefore regarded as children.

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

• Being able to do a social audit of every child home in the nation is one of NCPCR’s more recent successes. The commission has since been successful in placing more than 1.45 lakh children back in their own homes. 
• They were able to create a policy for street children and advocate for the enrollment of kids from economically disadvantaged groups in schools.
• Up to this point, 20,000 street kids have been located throughout the nation, and they are currently undergoing rehabilitation.

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

• Technically termed as grooming, children are being mistreated on social media platforms, yet these organisations are unwilling to participate. The government wants these businesses to grant parents access to children’s social media accounts.
• Given that the social media platform has chosen to ignore issues like phishing, grooming, cyber-bullying, etc., their hesitation in asking parents to supervise their children’s use of social media is alarming and unethical.
• Parents cannot even begin to imagine how filthy the deep web and black web are. To protect their children from hazards, they must educate themselves. Numerous instances tying the seduction of young girls and boys on social media with trafficking networks have been provided.

The National Commission for the Protection of Child Rights’ new tagline: Bhavishya Rakshati Rakshit

On the 17th anniversary of the NCPCR’s founding, Smriti Irani, the minister for women’s and children’s development, unveiled the organization’s new slogan at Red Fort in New Delhi. ‘Bhavishya Rakshati Rakshit‘ is the new motto. The Minister also praised the NCPCR and Border Security Force’s cooperation on the SAHARA initiative, which offers psycho-social counselling to the offspring of BSF jawans who gave their lives in the line of duty.

Conclusion:

NCPCR should express concern for the flagrant violation of children’s rights during and after the lockdown. By emphasizing the necessity of strengthening all institutions related to children (both government and non-government), through adequate funding, and appreciating the relief measures taken by many civil society organisations, the NCPCR should use its authority and power to issue recommendations to alleviate these dire conditions. The Commission should make sure that the necessary funding is available to carry out the child care facility improvements that are most needed. This is a step that has been done in the interest of the entire nation, and only through cooperation between the State and Central Governments will the nation be able to advance. And via this endeavor, we can groom and save the nation’s youth. Everyone needs to collaborate in light of this.