National Commission for Protection of Child Rights

General Definition

It is a statutory body. It protects the fundamental rights of the children specified in the constitution of India. It is implemented under the Ministry of Women and Child Development.

The objective of the NCPCR is to cater to the needs of the children of the underprivileged and helpless divisions of society. ‘

भविष्यो रक्षति रक्षित:’ is the new motto of the National Commission for Protection of Child Rights that encourages us to protect the future of our children launched by Smt Irani.

Official Definition

The National Commission for Protection of Child Rights (NCPCR was established in March 2007 under an Act of Parliament (December 2005) under the Commission for Protection of Child Rights Act, 2005.

The commission's mandate is to ensure that all laws, policies, programs and administrative systems conform to the vision of the rights of the child as enunciated in the Constitution of India as well as the United Nations Convention (1990 and 2000) on the Rights of the Child.

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS ACT, 2005

In the act it is defined as a body ‘for Protection of Child Rights and Children's Courts for providing speedy trial of offenses against children or of violation of child rights and for matters connected therewith or incidental thereto.’

Under section 13, there are powers and function of the commission defined in the act. The act provides the framework for establishment and functioning of the commission. The commission performs functions like,

The functions of the Commission for Protection of Child Rights include reviewing safeguards provided by law for child protection, presenting annual reports to the Central Government, investigating violations of child rights and recommending legal action, examining factors hindering children's rights due to various circumstances, addressing issues of children in need of special care, studying international treaties on child rights, conducting research, promoting child rights literacy, inspecting juvenile custodial homes and other institutions, inquiring into complaints of child rights violations, and performing other functions as necessary for promoting child rights.

The Commission aims to ensure effective implementation of policies and programs for the protection and welfare of children, raise awareness on child rights, and advocate for the well-being of children in various situations.It plays a crucial role in safeguarding the rights of children and advocating for their best interests.

Responsibility of the Commission under other Acts

NCPCR has duty of two additional acts, Right to education act 2009, and Protection of Children from Sexual Offences Act 2012.

The National Commission for Protection of Child Rights (NCPCR) under the Protection of Children from Sexual Offences (POCSO) Act has some responsibilities to monitor. These responsibilities include overseeing the designation of Special Courts, appointment of Public Prosecutors, formulation of guidelines for NGOs and experts to assist child victims, designing training modules for police personnel, and disseminating information about the Act to the public. The NCPCR is also tasked with reviewing specific cases of child sexual abuse within the jurisdiction of Child Welfare Committees, collecting data on reported cases, ensuring proper procedures are followed, and assessing the care and protection arrangements for victims. Additionally, the NCPCR must evaluate the implementation of the Act and include a report on its findings in its Annual Report to Parliament.

Under the Right to Education (RTE) Act, the National Commission for Protection of Child Rights (NCPCR) has responsibilities to review and recommend measures for safeguarding rights under the act, investigating complaints regarding a child's right to education.

STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS

State Commission for Protection of Child Rights has similar functions like NCPCR but on a state level. It is a statutory body established under Commission for Protection of Child Rights Act, 2005. Under this act, Chapter IV defines composition, functions, salaries and reports of SCPCR.

The National and state commission work in coordination with each other to ensure smooth implementation of child rights laws and policies at the state level. The state commission monitors inquiries into complaints, conducts investigations, and makes recommendations to the state government for necessary actions. It also works with stakeholders to create awareness.

Appearance in Official Database

National Commission for Protection of Child Rights (NCPCR)

It is the official website of the National Commission for Protection of Child Rights and has been developed to provide information to the general public. It provides information about the functions and powers of the commission. It also publishes multiple reports in order to track the growth of the development of children. The commission has developed multiple portals that perform functions like registering complaints regarding violation of children’s rights, and rescue and rehabilitation of children in need of care and protection. It has also published multiple guidelines for protection of children’s rights in different spheres.

Baalswaraj

Baal Swaraj is a portal launched by NCPCR for online tracking and digital real-time monitoring mechanism of children in need of care and protection. The portal has two functions- COVID care and CiSS. COVID Care link caters to the children who have lost either or both parents due to COVID-19 or otherwise post March 2020.

The Commission has developed an online portal called Baal Swaraj to provide real-time information. To get information about children who have lost their parents and become orphans due to COVID-19. The Supreme Court in SMWP(C) No. 4 of 2020 on COVID-19 in Child Care Homes has directed that data of children who have become orphaned or lost their parents due to COVID-19 or for any other reason should be uploaded on the Bal Swaraj portal. As per the Supreme Court order, details of these children have been uploaded on the portal. The portal consists of six steps to be completed by the Supreme Court. The six phases will enable the committee to understand the social and economic status of the child, whether the recommendations contained in the individualized care plan are being followed or not.

CiSS

The National Commission for the Protection of Child Rights (NCPCR) has launched a “CiSS application” under the Baal Swaraj portal to help in the rehabilitation process of Children in Street Situations. (CiSS). This portal, developed by NCPCR is a first-of-its-kind initiative in India to help children in street situations. The CiSS application is used for receiving data of children in street situations from all the states and union territories, tracking their rescue and rehabilitation process. The initiative is taken under the direction of the Supreme Court of India.

The Supreme Court has taken up the issue of Rehabilitation of street children. In this case, which was brought before the Supreme Court, many directions have been given to the state governments to take steps for their rescue and relief. Work towards rehabilitation of street children. Rehabilitation of street children 2.0 formulated by NCPCR It lays out the procedure and role of authorities to deal with street children. Hence, the Supreme Court has directed the states/UTs to take steps as per SOP 2.0 of NCPCR.

Work towards rehabilitation of street children. SOP 2.0 of NCPCR categorizes children as follows:

• Children living on the streets with their families.
• Children who are unsupported and living alone on the streets.

The Court and the following directions have been given to the states/UTs to ensure care and rehabilitation of street children as per SOP 2.0 formulated by NCPCR. Secretaries of the Ministry of Women and Child Welfare of each State District Collectors will immediately take steps to implement SOP 2.0. They will also provide necessary information to NCPCR at a later stage.

State Governments/Union Territories are directed to immediately establish under the guidance of NCPCR and prepare guidelines for revitalization of CiSS. As per the NCPCR guidelines, it is a model policy for child rehabilitation, it is directed to hold regular meetings. State Governments of Tamil Nadu and Delhi are directed to: Take immediate steps to identify and rehabilitate CiSS. State Governments/Union Territories are directed to: Implement relief and rehabilitation measures for CiSS.

NCPCR also has Baal Swaraj CiSS portal for online tracking and monitoring. Digital real-time monitoring of street children has been developed. The portal had one out of three States/UTs conducted monitoring so that street children can fill up the required information at any time.

https://ncpcr.gov.in/uploads/171463043666332f249f7d7_annual-repor-2022-23-english.pdf

Citizen Portal

To report a child under "Children in Street Situations", the NCPCR website has a "Citizen Portal" tab. Fill out a form with the child's and informant's details to generate a registration ID and contact information for the District Child Protection Officer (DCPO). This information will be used for the rescue and rehabilitation of the child in need. Professionals and organizations can also assist with the platform by offering services such as shelters, counseling, medical aid, sponsorship, and more. In the NCPCR website, the appropriate option for individual or organizational assistance is available to provide help to children in need. Fill out the required details and submit to receive a registration ID and contact information for the DCPO of the state or union territory.

POCSO

It also facilitates the POCSO tracking portal launched by Hon’ble Mr. Justice Uday Umesh Lalit, Judge , Supreme Court of India on 17th July 2022. The tracking portal has been conceptualized in collaboration with the National Legal Services Authority (NALSA) and the National Commission for Protection of Child Rights (NCPCR). It is envisioned for real-time tracking of the cases of victims of child sexual abuse and facilitates them to provide services such as victim compensation and rehabilitation for their care and protection.

Baalswaraj also displays statistics of CiSS, Citizen Portal, and POCSO.

E-baalnidan

E-BaalNidan, developed in 2015, is an online Complaint Management System of the NCPCR. It is an online portal with the Web address, www.ebaalnidan.nic.in, wherein any person can register a complaint and get a complaint registration number. The progress of the victim child is updated online so that the action taken report and the complainant can view the progress of the case. Any individual who wants to register a complaint with NCPCR will have to register with eBaalNidan portal regarding violation of child rights. The complainant can be either an individual or an organization. If the individual does not have internet access, he/she may send the written complaint to NCPCR. The portal comes with a manual as to how to register the complaint.  

POCSO E-Box

It is the site for registering complaints against child abuse and harassment. It asks basic questions, certain details, and brief descriptions of the incident. The POCSO e-box is an easy and direct medium for reporting any case of sexual assault under POCSO Act, 2012. During April 2022‒ March 2023, a total number of 21301 hits were received on the POCSO e-Box and a total number of 251 complaints were registered which were received through POCSO E-Box.

Research that engages with NCPCR

Annual Report (2022-23)

This report covers the period from 1st April, 2022 to 31st March, 2023. The year under report functioned under the leadership of Chairperson, Shri Priyank Kanoongo.

The annual report addressed many important issues, one of them is grievances redressal that NCPCR has undertaken the task of holding grievance redressal Camps/Benches in 75 districts with high tribal population and Aspirational Districts. Beginning from September, 2022 till 31.03.2023 NCPCR has conducted 14 Camps/Benches to redress grievances of violation and deprivation of child rights.

GHAR (Go Home and Reunite) Portal

Since the implementation of the JJ Act, 2015 and its Rules, 2016, there were many challenges and gaps which came to the notice, especially hindering the process of rehabilitation of children. In an attempt to eliminate those challenges which are being faced by authorities in repatriation and to send the maximum number of children back to their native place with their families/relatives the Commission has prepared Protocol for Restoration and Repatriation of children and GHAR (Go Home and Reunite) portal. The portal has been developed to digitally monitor and track the restoration and repatriation of children according to the protocol.

A Quick Response Cell (QRC) was constituted by NCPCR in year 2018 to take quick and prompt action in the matters which requires urgent intervention of the Commission to save children involved in situations of distress, such as child labour and others. In order to quickly respond in such rescue operations, protocols were laid down in the Commission. The State-wise details are given in the following table-

LAW COMMISSION OF INDIA- Report on the Age of Consent Under the Protection of Children from Sexual Offences Act, 2012

The report was written by the Law Commission of India. It was prepared in response to a reference from the Hon'ble High Court of Karnataka, Dharwad Bench, to reconsider the age criteria for consent under the Protection of Children from Sexual Offences Act, 2012. The report addresses concerns about cases involving minor girls above 16 years engaging in relationships that attract provisions of the Act, emphasizing the need for a balanced approach to safeguard the best interests of the child.

The NCPCR highlighted the importance of considering consent in cases involving adolescents aged 16 to 18 years to prevent injustice in consensual relationships. They emphasized the need for a judicial determination of consent to avoid misuse of any exception related to the age of consent. The NCPCR advocated for amendments in the POCSO Act and the Indian Penal Code to decriminalize consensual sexual acts involving adolescents above 16 years while ensuring protection against abuse and exploitation.

The NCPCR suggested introducing an exception recognizing consent for individuals above the age of 16 years to decriminalize non-exploitative consensual sexual acts. They recommended retaining the age of consent at 18 years but proposed treating penetrative sexual assault and sexual assault against children above 16 years under a separate provision where consent would be a relevant factor. The NCPCR aimed to balance protecting children while addressing the concerns of consensual sexual behavior among adolescents aged 16 to 18 years.

International Experience

EUROPE

As laid down in the UN Convention on the Rights of the Child (UNCRC), a child is any human being below the age of 18.

The Commission is guided by the principles set out in the UN Convention on the rights of the child, ratified by all EU countries.

In June 2022, the Council of the European Union adopted conclusions on the rights of the child, with a particular focus on the protection of children’s rights in crisis or emergency situation.

The Council calls on member states to develop comprehensive policies to fulfil the rights of all children without any discrimination, to increase efforts to prevent and combat all forms of violence against children, to strengthen justice systems so that they are compliant with the rights of children, and to increase opportunities for children to be responsible and resilient members of the digital society.

Article 3(3) of the Treaty on European Union establishes the objective for the EU to promote protection of the rights of the child.

The Charter of Fundamental Rights of the EU guarantees the protection of the rights of the child by the EU institutions and by EU countries when they implement EU law. Article 24 on the rights of the child and Article 32 on the prohibition of child labour specifically cover children's rights.

United Kingdom

The post of Children’s Commissioner was created following a recommendation made by Lord Laming in the Victoria Climbie Inquiry. The role was initially established under the Children Act 2004 which gave the Commissioner responsibility for promoting awareness of the views and interests of children. The Commissioner’s statutory remit includes understanding what children and young people think about things that affect them and encouraging decision makers to always take their best interests into account.

The Children and Families Act 2014 further strengthened the remit, powers and independence of the Commissioner, and gave her special responsibility for the rights of children who are in or leaving care, living away from home or receiving social care services. She also speaks for wider groups of children on non-devolved issues including immigration (for the whole of the UK) and youth justice (for England and Wales).

Each of the four nations in the UK has a Children's Commissioner who is responsible for promoting and protecting the rights and best interests of children and young people.

Committee on the Rights of the Child

The Committee on the Rights of the Child (CRC) is the body of 18 independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties.

It also monitors the implementation of the Convention’s two optional protocols on the participation of children in armed conflict (OPAC) and on trafficking in children, child prostitution and sexual exploitation of children (OPSC). On 19 December 2011, the United Nations General Assembly approved the Third Optional Protocol on the Communication Procedure (OPIC), which allows children to complain about violations of the Convention and its rights under its first two articles.

All international organizations must report to the Committee on the implementation of the Convention. The Committee is also reviewing the first reports to the General Assembly on the involvement of children in war and on child trafficking, child prostitution and child labour, submitted to the General Assembly by governments that had approved the first two resolutions. The Committee may also consider individual complaints of violations of the Convention on the Rights of the Child and its two previous Protocols (OPAC and OPSC) by OPIC States parties, and may also inquire about acts or grave violations of the rights set out in the Convention and its two optional protocols.