Mandate of State Child Rights Commissions: The Right of Children to Free and Compulsory Education Act, 2009

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.