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4. National and State Commissions for Child Rights

The National Commission for the Protection of Child Rights was constituted in the year 2007 with its headquarters at Delhi. The State Commission for the Protection of Child Rights in Karnataka started functioning officially from July 2009.

The National and State Commissions are committed to the well being of all children and protection of Children’s Rights. They focus on-

  • Creating widespread awareness ƒƒ that all those under the age of 18 years are to be considered as children.
  • ƒƒ Extending immediate and maximum support to children in distress in the most vulnerable geographical areas and social groups.
  • ƒƒ Ensuring that all rules, regulations, laws, policies and programmes are child friendly.

The Commission is also empowered to:

  • ƒƒInspect or direct inspection of Children’s Homes / Hostels
  • ƒReceive petitions from the public and inquire into them
  • ƒƒAct suo moto on any instance of denial / violation of CRs or lack of action on implementation of child related laws that might have come to its notice
  • ƒƒOversee implementation of policies, rules, directions to enforce laws, plans, decisions passed in the interest of the child & suggest appropriate action in these matters
  • ƒƒRecommend amendments to existing Acts and changes in existing policies after considering the shortcomings and difficulties in enforcing them
  • ƒƒTo document its experience and those of others in the field of child development, to support research in this field

 

Powers of the Commission:

  • The Commission is empowered to function as a Civil Court to take up any case that comes before it. The Commission has the following powers:
  • ƒƒ To direct any person / groups in the state /country to be present, to give statement on oath and to record the same
  • ƒƒ To order to search for and inspect any type of documents/records relating to any case
  • ƒƒ To record evidence by an affidavit/self declaration
  • ƒƒ To ask for any public documents or copies of the same from any officer of the Court
  • ƒƒ To appoint persons to scrutinise witnesses or evidence materials
  • ƒƒ To transfer any case to the concerned/geographically appointed Judges after hearing a case
  • ƒƒ The Commission is empowered to act as follows, after hearing a case
    • ‚‚ To direct the government concerned to take appropriate action against specific person/group/department found guilty of deceit or violation of child rights during inquiry of any case
    • To take a case either to High Court ‚‚ or to Supreme Court requesting for an appropriate judgement
    • ‚‚ To direct for the payment of compensation to the child or children if it is found that wrong decisions/ denials were meted out to the child or children

Lodging a Complaint with the Commission:

  • Written complaints in any language (mentioned in the 8th Schedule of the Constitution of India) can be submitted to the Commission.
  • There will be no fees.
  • There must be specific information on the issue. Mere suggestions cannot be a complaint.
  • The Commission may seek more information on the petitioned issue. However, complaints having no specific name and address will also receive due attention in the Commission.

 

 


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