The Commissions for Protection of Child Rights Act, 2005 | |
---|---|
Parliament of India | |
| |
Citation | The Commissions for Protection of Child Rights Act, 2005 |
Enacted by | Parliament of India |
Enacted | 20 January 2006 |
Commenced | 5 February 2007 |
Introduced by | Ministry of Women and Child Development |
Status: In force |
The Commissions for Protection of Child Rights Act, 2005 [1] is a law enacted by the Parliament of India, which provides for constitution of National commission and state commissions for the rehabilitation, prosperity and wellness of children. The act was primarily enforced in Indian administered states and its union territories to protect child rights. The act further provides constitution for establishment of children's court where the offenses against children rights or exploitation of child rights be trialed speedily. [2] [3]
The Commission such as National commission consists 7 members including a Chairperson.
The presiding officer should be well experienced in specified respects such as rehabilitation, promotion and protection of the minors and make necessary efforts for their prosperity. [4]
Six members including presiding officer of the commission should be fully aware of rules and regulations created to Child labour law and experienced enough in flourishing children, such as Education, Health, removing of Child labour measures, understanding psychological problems of children who are socially impacted and its measures. [5] [6]
One member of the commission should be a woman with same abilities as specified for of other members.
The appointment of members or chairperson are made by the selection panel constituted by the Government of India. [7]
The chairperson of the commission should belong to or has worked in office of the "Department of Women and Child Development". [8]
The selection criteria of the Commission chairperson or its other officials involves at least three members and are directly appointed by the central government for the term of three years of service and not more than three years.
In case, any member or chairperson of the commission is willing to resign from the service, it should be sent to the central government in a written-resignation application or letter. [9]
If any member including chairperson while exercising the power, found functioning incorrectly, or exercising its power inappropriately, they are subject to get removed from the office by the order issued under notification from the central government. [10] [11]
The duties and functions of the commission is to look after the welfare, well-beingness, prosperity and rehabilitation of child and protection of child rights at the central level as amended by the certain sections of the act. If any person of any rank found exploiting child rights, the commission is authorized to punish the accused as amended. [12] [13]
In 2010 Government of Rajasthan formed Rajasthan State Commission for Protection of Child Right as an independent state level agency under the act. [14]
The National Human Rights Commission of India is a statutory body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA). The NHRC is responsible for the protection and promotion of human rights, defined by the act as "Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by courts in India".
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution as given under Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.
The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.
The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered 'Fundamental' in the governance of the country, which makes it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to socialjustice, economic welfare, foreign policy, and legal and administrative matters.
Shantha Sinha is an Indian anti-child labour activist. She is the founder of Mamidipudi Venkatarangaiya Foundation, popularly known as MV Foundation, and is a professor in the Department of Political science in Hyderabad Central University. She headed the National Commission for Protection of Child Rights for two consecutive terms ; The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament. Sinha was its first chairperson. She was awarded the civilian honour of Padma Shri by the Government of India in 1998.
The Scheduled Castes and the Scheduled Tribes Act, 1989 was enacted by the Parliament of India to prevent atrocities and hate crimes against the scheduled castes and scheduled tribes. The Act is popularly known as the SC/ST Act, PoA, or simply the 'Atrocities Act'.
The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
Jagdish Sharan Verma was an Indian jurist who served as the 27th Chief Justice of India from 25 March 1997 to 18 January 1998. He was the chairman of the National Human Rights Commission from 1999 to 2003, and chairman of the Justice Verma Committee Report on Amendments to Criminal Law after the 2012 Delhi gang rape case. He remains one of India's most highly regarded Chief Justices and eminent jurists in its history.
A significant proportion of children in India are engaged in child labour. In 2011, the national census of India found that the total number of child labourers, aged [5–14], to be at 10.12 million, out of the total of 259.64 million children in that age group. The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.
India has a very high volume of child trafficking. As many as one child disappears every eight minutes, according to the National Crime Records Bureau. In some cases, children are taken from their homes to be bought and sold in the market. In other cases, children are tricked into the hands of traffickers by being presented an opportunity for a job, when in reality, upon arrival they become enslaved. In India, there are many children trafficked for various reasons such as labor, begging, and sexual exploitation. Because of the nature of this crime; it is hard to track; and due to the poor enforcement of laws, it is difficult to prevent. Due to the nature of this crime, it is only possible to have estimates of figures regarding the issue. India is a prime area for child trafficking to occur, as many of those trafficked are from, travel through or destined to go to India. Though most of the trafficking occurs within the country, there is also a significant number of children trafficked from Nepal and Bangladesh. There are many different causes that lead to child trafficking, with the primary reasons being poverty, weak law enforcement, and a lack of good quality public education. The traffickers that take advantage of children can be from another area in India, or could even know the child personally. Children who return home after being trafficked often face shame in their communities, rather than being welcomed home.
The National Commission for Protection of Child Rights (NCPCR) is an Indian statutory body established by an Act of Parliament, the Commission for Protection of Child Rights (CPCR) Act, 2005. The Commission works under the aegis of Ministry of Women and Child Development, GoI. The Commission became operational on 5 March 2007.
The National Commission for Backward Classes is an Indian constitutional body under the jurisdiction of Ministry of Social Justice and Empowerment, Government of India established through Constitution Act, 2018 this amendment act in the constitution to make it a constitutional body under Article 338B of the Indian Constitution. It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993.
Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147(nearly 89%) of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.
The Rajasthan State Human Rights Commission is a State Government body constituted on 18 January 1999 to exercise the powers conferred upon, and to perform the functions assigned to, a State Human Rights Commission under chapter-V of The Protection of Human Rights Act, 1993.
Mamatha Raghuveer Achanta is a women's and children's rights activist. She has served as chairperson of the Child Welfare Committee, Warangal District, as a member of the A.P. State Commission for the Protection of Child Rights, and as the founder and executive director of Tharuni, a non-government organization (NGO) that focuses on the empowerment of girls and women. She has participated in rescues and adjudicated issues such as exploitation, violence, child sexual abuse, child marriages, and child neglect.
The Delhi Commission for Protection of Child Rights (DCPCR) is a statutory body established under the Commission for Protection of Child Rights (CPCR) Act, 2005. The Commission is under the Government of Delhi and is headed currently by Chairperson Anurag Kundu.
A Child Welfare Committee is an autonomous institution in India formed under the Juvenile Justice Act, 2015 to handle and resolve complaints relating to children who are either abandoned, orphaned, voluntarily given away by parents, or lost and who are in need of care on issues relating to growth, protection, treatment, development, and rehabilitation, and includes provision of requirements for their basic needs and protection. Such children are taken into care by a Child Welfare Committee, and the Juvenile Justice Act recommends that each district should have a minimum of one such Committee.
Shailendra Pandya is an Indian child rights activist and was former member of the Rajasthan State Commission for protection of Child Rights, Government of Rajasthan. He is a founder of Gayatri Seva Sansthan.
The Rajasthan State Commission for Protection of Child Rights (RSCPCR) was constituted by the Government of Rajasthan in 2010 to address the public grievances relating to Child Rights violations as per the Commissions for Protection of Child Rights Act, 2005.