The Child Rights Commissions

In one line

A statutory Commission at the Centre and in each State, with a civil court's powers of inquiry, which can approach the High Court itself, and which is also the monitoring authority under two other statutes.

In the wording a student can write in an exam: the Commissions for Protection of Child Rights Act 2005 constitutes the NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS under section 3 and permits a State Government to constitute a State Commission under section 17. Section 2(b) defines child rights as the rights adopted in the United Nations Convention on the Rights of the Child of 20 November 1989 and ratified by India on 11 December 1992, so the Convention enters Indian law through this definition. Section 13 sets out fourteen functions; section 14 gives the Commission the powers of a civil court when inquiring into a complaint; section 15 confines it, after an inquiry, to RECOMMENDING prosecution or other action, to APPROACHING the Supreme Court or the High Court for directions, or to recommending interim relief; section 16 requires its reports to be laid before Parliament with a memorandum of action taken and the reasons for non-acceptance; and section 25 permits the specification of a Court of Session as a CHILDREN'S COURT.

The Commissions

Section 3, the National Commission. The Central Government shall constitute it by notification. It consists of a CHAIRPERSON who is a person of eminence and has done outstanding work for promoting the welfare of children, and SIX MEMBERS, OF WHOM AT LEAST TWO SHALL BE WOMEN, appointed from persons of eminence, ability, integrity, standing and experience in education; child health, care, welfare or child development; juvenile justice or the care of neglected or marginalised children or children with disabilities; the elimination of child labour or children in distress; child psychology or sociology; and laws relating to children.

Sections 4 to 12. Appointment by the Central Government on the recommendation of a committee; a term of THREE YEARS with eligibility for one reappointment, and age limits of sixty-five for the Chairperson and sixty for a Member; salaries; removal on the specified grounds including insolvency, conviction for a moral turpitude offence, unfitness by infirmity of mind or body, unsound mind, and the acquisition of a financial interest likely to affect the functions; vacation of office; proceedings not invalidated by a vacancy; the procedure for transaction of business; and the Member-Secretary, officers and employees.

Section 17, the State Commissions. A State Government MAY constitute one, with a corresponding composition of a Chairperson and six Members of whom at least two are women. Sections 18 to 23 mirror the National Commission's provisions, and section 24 applies sections 7, 8, 9, 10, 13(1), 14 and 15 to a State Commission with the necessary modifications.