CHAPTER 6: PROTECTION OF RIGHTS OF CHILDREN
•Monitoring of child’s right to education
31. (1) The National Commission for Protection of Child Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commission for Protection of Child Rights Act, 2005, shall in addition to the functions assigned to them under that Act, also perform the following functions, namely:-
(a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation ;
(b) inquire into complaints relating to child’s right to free and compulsory education; and
(c) take necessary steps as provided under section 15 and 24 of the said Commission for Protection of Child Rights Act.
(2) The said Commission shall, while inquiring into any matters relating to right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under section 15 and 24 of the said Commission for Protection of Child Rights Act.
(3) Where the State Commission for Protection of Child Rights has not been constituted in a state, the appropriate Government may, for the purpose of performing the function specified in clause (a) to (c) of sub-section (1), constitute such authority, in such manner and subject to such terms and conditions, as may be prescribed.
•Redressal of grievances
32. (1) Notwithstanding anything contained in section 31, any person having any grievance relating to the right of the child under this Act may make a written complaint to the local authority having jurisdiction.
(2) After receiving the complaint under sub-section (1), the local authority shall decide the matter within a period of three months after affording a reasonable opportunity of being heard to the parties concerned
(3) Any person arrived by the decision of the local authority may prefer an appeal to the State Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section of 31, as the case may be.
(4) The appeal preferred under sub-section (3) shall be decided by State Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section of 31, as the case may be, as provided under clause (c) of sub-section (1) of section 31.
Thursday, November 12, 2009
Mandate of State Child Rights Commissions: Commissions for Protection of Child Rights Act, 2005 (4 of 2006)
MANDATE OF THE COMMISSION
The Karnataka State Commission for Protection of Child Rights (KSCPCR) was set up in July 2009 as a statutory body under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), an Act of Parliament (December 2005) to protect, promote and defend child rights in the state.
The functions of the Commission as laid out in the Act are as follows:
1.The Commission shall perform all or any of the following functions, namely;
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 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 disasters, domestic violence, HIV/ AIDS, trafficking, maltreatment, torture and exploitation, pornography, and prostitution and recommend appropriate remedial measures
e.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
f.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
g.Undertake and promote research in the field of child rights
h.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
i.Promote, respect and seriously consider the views of children in its work and that of all Government Departments and Organizations dealing with children
j.Promote the incorporation of child rights into the school curriculum, teachers training and training of personnel dealing with children
2.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
a.Inquire into complaints and take suo moto notice of matters related 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
b.Such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions
POWERS OF THE COMMISSION
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:
1.Summoning and enforcing the attendance of any person from any part of India an examining them on oath.
2.Requiring the discovery and production of any documents
3.Receiving evidence on Affidavits
4.Requisitioning of any Public Record or copy thereof from any Court of Office
5.Issuing commissions for the examination of witnesses or documents
6.Forwarding cases to Magistrates who have jurisdiction to try the same
7.On completion of inquiry, the Commission has the powers to take the following actions:
a.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
b.To approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary
c.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
COMPLAINTS
One of the Core Mandates of the Commission is to inquire into complaints of violations of child rights. The Commission is also required to take suo moto cognisance of serious cases of violation of child rights and to examine factors that inhibit the enjoyment of rights of children.
1.Complaints may be made to the Commission in any language of the 8th Schedule of the Constitution
2.No fee shall be chargeable on such complaints
3.The complaint shall disclose a complete picture of the matter leading to the complaint
4.The Commission may seek further information/ affidavits as may be considered necessary
CHILDREN'S COURTS
1.For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offences:
2.For every Children's Court, the State Government shall, by notification, specify a
Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
The Karnataka State Commission for Protection of Child Rights (KSCPCR) was set up in July 2009 as a statutory body under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), an Act of Parliament (December 2005) to protect, promote and defend child rights in the state.
The functions of the Commission as laid out in the Act are as follows:
1.The Commission shall perform all or any of the following functions, namely;
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 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 disasters, domestic violence, HIV/ AIDS, trafficking, maltreatment, torture and exploitation, pornography, and prostitution and recommend appropriate remedial measures
e.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
f.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
g.Undertake and promote research in the field of child rights
h.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
i.Promote, respect and seriously consider the views of children in its work and that of all Government Departments and Organizations dealing with children
j.Promote the incorporation of child rights into the school curriculum, teachers training and training of personnel dealing with children
2.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
a.Inquire into complaints and take suo moto notice of matters related 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
b.Such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions
POWERS OF THE COMMISSION
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:
1.Summoning and enforcing the attendance of any person from any part of India an examining them on oath.
2.Requiring the discovery and production of any documents
3.Receiving evidence on Affidavits
4.Requisitioning of any Public Record or copy thereof from any Court of Office
5.Issuing commissions for the examination of witnesses or documents
6.Forwarding cases to Magistrates who have jurisdiction to try the same
7.On completion of inquiry, the Commission has the powers to take the following actions:
a.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
b.To approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary
c.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
COMPLAINTS
One of the Core Mandates of the Commission is to inquire into complaints of violations of child rights. The Commission is also required to take suo moto cognisance of serious cases of violation of child rights and to examine factors that inhibit the enjoyment of rights of children.
1.Complaints may be made to the Commission in any language of the 8th Schedule of the Constitution
2.No fee shall be chargeable on such complaints
3.The complaint shall disclose a complete picture of the matter leading to the complaint
4.The Commission may seek further information/ affidavits as may be considered necessary
CHILDREN'S COURTS
1.For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offences:
2.For every Children's Court, the State Government shall, by notification, specify a
Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
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