August 20,2018:
The Author, Aashi Sharma, is a second year student of Vivekananda Institute of Professional Studies, New Delhi. She is currently interning with LatestLaws.com.
Q1. What is the purpose of Commission for Protection of Child Rights Act, 2005?
Ans. The following Act of Parliament received the assent of the President on the 20th January, 2006. The basic purpose of this Act is to provide the provision for the constitution of a National Commission for Protection of Child Rights, State Commission for Protection of Child Rights and Children’s Courts for providing speedy trial of offences committed against children or of violation of child rights and for matters connected therewith or incidental thereto. The commission saves time and also the cost, it is faster in its working.Q2. How was the National Commission for protection of child right formed?
Ans. The National Commission for protection of child right was set up under section 3, Chapter II of the Commission of protection of child rights act, 2005 by the central government. This commission was constituted by the central government to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
Q3. What is the constitution, appointment, term and salary of the national commission?
Ans. The Commission consists of Chairperson and 6 members out of which at least 2 shall be women given in section 3 of the Act. The office of the commission shall be in Delhi.
The central government by notification appoints the Chairperson and other members under section 4 of the Act.
The Chairperson and every member hold office for a term of 3 years from the date on which one assumes office till the age of 65 years for chairperson and 60 years for the members. No one can hold office for more than two terms under section 5 of the Act.
The chairperson or a member in writing can any time resign the office by addressing it to the central government.
The salary and allowances payable to Chairperson and members will be as prescribed by the central government under section 6 of the Act.
Q4. What are the functions and powers of National commission?
Ans.
- 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;
- Present to be central government, annually and at such other intervals, as the commission may deem fit, reports upon working of those 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 affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures;
- Look into the matters relating to the children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles children without family and children of prisoners and recommend appropriate remedial measures;
- Study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations 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 section of society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminar and other available means;
- Inspect or cause to be inspected any juveniles 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;
- Inquire into complaints and take suo motu notice of matter relating to :
- Deprivation and violation of child rights;
- Non implementation of laws providing for protection and development of children;
- Non compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and provide relief to such children;
Or take up the issues rising out of such matters with appropriate authorities.
- Such other functions as it may consider necessary for the promotion of Child Rights and any other matter incidental to the above function.a state commission or any other commission duly constituted under any law for the time being in force.
- The Commission shall not enquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
- Analyse existing law,policy and practice to assess compliance with Convention on the rights of the Child, undertake inquiries and produce reports on any aspects of policy or practice affecting childrenand comment on proposed new legislation related to child rights.
- Present to the Central Government annualy and at such other intervals as the Commission may deem fit,reports upon the working of those safeguards.
- Undertake formal investigation where concern has been expressed either by children themselved or by concerned person on their behalf.
- Promote,respect and serious consideration of the views of children in its work and in that of all Government Departments and Organisations dealing with Child.
- Produce and disseminate informtion about child rights.
- Compile and analyse data on children.
- Promote the incorporation of child rights into the school curriculum,training of teachers or personnel dealing with children.
Q5. How was State Commission for protection of child right formed?
Ans. The State Commission for protection of child right was set up under section 17, Chapter IV of the Commission of protection of child rights act, 2005. This commission was constituted by the state government of the particular state to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
Q6. What is the constitution, appointment, term and salary of the state commission?
Ans. The state commission consists of a Chairperson and 6 members out of which at least two shall be women under section 17 of the Act.
The state government by notification appoints the Chairperson and other members under section 18 of the Act.
The Chairperson and every member hold office for a term of 3 years from the date on which one assumes office till the age of 65 years for chairperson and 60 years for the members. No one can hold office for more than two terms under section 19 of the Act.
The chairperson or a member in writing can any time resign the office by addressing it to the state government.
The salary and allowances payable to Chairperson and members will be as prescribed by the central government under section 20 of the Act.
Q7. Is there any provision for Children’s court in the Act?
Ans. Yes, there is very good provision for children’s court in the Act. For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government, 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 offences. This section shall not apply if a Court of Session is already specified as a special court; or
a special court is already constituted, for such offences under any other law for the time being in force.
For every Children's Court, the State Government 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.
Q8. What are the grants given by central and state government?
Ans. The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilized for the purposes of this Act.
The Commission may spend such sums of money as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants.
The State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
(2) The State Commission may spend such sums of money as it thinks fit for performing the functions under Chapter III of this Act, and such sums shall be treated as expenditure payable out of the grants.
Q9. How are audits and accounts of the commission maintained?
Ans. The National Commission maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General ofIndia.
The accounts of the Commission are audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.
The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in
particular, have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.
The accounts of the Commission as certified by the Comptroller and Auditor- General or any other person appointed by him in this behalf, together with the audit report thereon be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. .
The State Commission maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General. .
The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
The accounts of the State Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature.
