An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. It is expedient to enact a law relating to children to give effect to the policies adopted by the Government in this regard, standards prescribed in the CRC, and all other relevant international instruments.
CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children’s rights enumerated in the Convention.
India also participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children. UN General Assembly Special Session on Children held in May, 2002 adopted an Outcome Document titled.
In order to ensure protection of rights of children, one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003.
The National and State Commission For Protection of Child Rights
- The Government shall, by notification, constitute a body to be known as the National/State Commission for Protection of Child Rights to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
- The Commission shall consist of the following Members, namely.
- a Chairperson.
- six Members, out of which each one standing and experienced in, – education; child health, care, welfare or child development; juvenile justice or care of neglected or marginalized children or children with disabilities; elimination of child labour or children in distress; child psychology or sociology; and laws relating to children.
- The Chairperson and every Member shall hold office as such for a term of three years from the date on which he attends office.
- The Commission shall meet regularly at its office for every three months and all decisions at the meeting shall be taken by majority.
Functions and Powers of the Commission
The Commission shall perform all or any of the following functions, namely:-
- Examine, review and present reports on the 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 and recommend appropriate remedial measures.
- Look into the matters relating to children in need of special care and protection and recommend appropriate remedial measures.
- Study treaties and other international instruments and undertake periodical review of existing policies, 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 the society.
- Inspect or cause to be inspected any juvenile custodial home.
- Deprivation and violation of child rights.
The Commission shall submit an annual report on all its regulations to the Central Government.
For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, specify a Court of Session to be called as Children’s Court to try the said offences.
For every Children’s Court, the State Government shall, specify a Public Prosecutor or appoint an advocate who has been in practice as a Special Public Prosecutor for the purpose of conducting cases in that Court.
Finance, Accounts and Audit
Both the Central and State Government shall, pay to the Commission by way of grants certain sums of money as the Central Government may think fit for being utilized for the purposes of this Act.
The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in consultation with the Comptroller and Auditor-General of India.
Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Commission, the State Commission, or any Member thereof, or any person acting under them, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made there under or in respect of the publication under their authority.