Ministry of Women and Child Development
The Commissions for Protection of Child Rights Act, 2005, was enacted to establish a National Commission for Protection of Child Rights (NCPCR) and State Commissions for Protection of Child Rights (SCPCRs). This legislation stemmed from India’s commitment to the UN Convention on the Rights of the Child (CRC) and the National Charter for Children, 2003. The Act aims to ensure that all laws, policies, programs, and administrative mechanisms are in consonance with the Child Rights Convention and other relevant international instruments. The commissions are mandated to monitor the implementation of child rights, inquire into violations, and recommend remedial measures. This Act falls under the Ministry of Women and Child Development.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on January 20, 2006, and came into force on February 5, 2007. It consists of seven chapters and 37 sections.
Act Governed By:
The Act is implemented by the NCPCR at the national level and by SCPCRs in each state. The Central and State Governments play a role in appointing the members of these commissions, providing funding, and receiving their reports. The Act also provides for the establishment of Children’s Courts for speedy trial of offenses against children.
On Whom It Is Applicable:
The Act’s provisions primarily apply to the NCPCR and SCPCRs, their members, officers, and staff. The commissions’ mandate extends to all matters concerning child rights and impacts various stakeholders, including children, families, educational institutions, childcare facilities, law enforcement agencies, and government bodies.
Penalties/Punishments:
While the Act itself doesn’t prescribe specific penalties, it empowers the commissions to inquire into violations of child rights and recommend action, which can lead to legal consequences for individuals or organizations found to be in violation.
Important Pointers:
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Establishes the NCPCR and SCPCRs as statutory bodies.
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Defines the composition and functions of the commissions.
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Empowers the commissions to inquire into complaints and take suo motu notice of child rights violations.
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Requires the commissions to submit annual and special reports to the government.
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Provides for the appointment of a Member-Secretary and other staff for the commissions.
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Specifies the funding mechanisms for the commissions through government grants.
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Provides for the establishment of Children’s Courts and the appointment of Special Public Prosecutors.
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Includes provisions for protection of action taken in good faith and for resolving difficulties in implementation.