For constitution of a National Commission and State Commissions for Protection of Child Rights in India and Children's Courts for providing speedy trial of offences against children or of violation of child rights.
Commissions for Protection of Child Rights Act, 2005
[Act 4 of 2006] [20th January, 2006]
An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto
Whereas India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children;
And whereas India has also acceded to the Convention on the Rights of the Child (CRC) on the 11th December, 1992;
And whereas CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention;
| Other Contents of Commissions for Protection of Child Rights Act, 2005 |
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| Sections 1 to 16 Sections 17 to 37 |
And whereas in order to ensure protection of rights of children one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003;
And whereas the UN General Assembly Special Session on Children held in May 2002 adopted an Outcome Document titled “A World Fit for Children” containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade;
And whereas it is expedient to enact a law relating to children to give effect to the policies adopted by the Government in this regard, standards prescribed in the CRC, and all other relevant international instruments;
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
Chapter I
PRELIMINARY
1. Short title, extent and commencement.
1. Short title, extent and commencement.—(1) This Act may be called the Commissions for Protection of Child Rights Act, 2005.
(2) It extends to the whole of India [i][* * *].
(3) It shall come into force on such date[ii] as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be;
(b) “child rights” includes the children's rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992;
(c) “Commission” means the National Commission for Protection of Child Rights constituted under Section 3;
(d) “Member” means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;
(e) “notification” means a notification published in the Official Gazette;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “State Commission” means a State Commission for Protection of Child Rights constituted under Section 17.
Chapter II
THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS
3. Constitution of National Commission for Protection of Child Rights.
3. Constitution of National Commission for Protection of Child Rights.—(1) The Central Government shall, by notification, constitute a body to be known as the National Commission for Protection of Child Rights to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The Commission shall consist of the following Members, namely:—
(a) a Chairperson who is a person of eminence and has done outstanding work for promoting the welfare of children; and
(b) six Members, out of which at least two shall be women, from the following fields, to be appointed by the Central Government from amongst persons of eminence, ability, integrity, standing and experience in,—
(i) education;
(ii) child health, care, welfare or child development;
(iii) juvenile justice or care of neglected or marginalized children or children with disabilities;
(iv) elimination of child labour or children in distress;
(v) child psychology or sociology; and
(vi) law relating to children.
(3) The office of the Commission shall be at Delhi.
4. Appointment of Chairperson and Members.
4. Appointment of Chairperson and Members.—The Central Government shall, by notification, appoint the Chairperson and other Members:
Provided that the Chairperson shall be appointed on the recommendation of a three member Selection Committee constituted by the Central Government under the Chairmanship of the [iii][Minister in-charge of the Ministry or the Department of Women and Child Development].
5. Term of office and conditions of service of Chairperson and Members.
5. Term of office and conditions of service of Chairperson and Members.—(1) The Chairperson and every Member shall hold office as such for a term of three years from the date on which he assumes office:
Provided that no Chairperson or a Member shall hold the office for more than two terms:
Provided further that no Chairperson or any other Member shall hold office as such after he has attained—
(a) in the case of the Chairperson, the age of sixty-five years; and
(b) in the case of a Member, the age of sixty years.
(2) The Chairperson or a Member may, by writing under his hand addressed to the Central Government, resign his office at any time.
6. Salary and allowances of Chairperson and Members.
6. Salary and allowances of Chairperson and Members.—The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members, shall be such as may be prescribed by the Central Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member, as the case may be, shall be varied to his disadvantage after his appointment.
7. Removal from office.
7. Removal from office.—(1) Subject to the provisions of sub-section (2), the Chairperson may be removed from his office by an order of the Central Government on the ground of proved misbehaviour or incapacity.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may by order remove from office the Chairperson or any other Member, if the Chairperson or, as the case may be, such other Member,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) refuses to act or becomes incapable of acting; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has so abused his office as to render his continuance in office detrimental to the public interest; or
(f) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; or
(g) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission.
(3) No person shall be removed under this section until that person has been given an opportunity of being heard in the matter.
8. Vacation of office by Chairperson or Member.
8. Vacation of office by Chairperson or Member.—(1) If the Chairperson or, as the case may be, a Member,—
(a) becomes subject to any of the disqualifications mentioned in Section 7; or
(b) tenders his resignation under sub-section (2) of Section 5,
his seat shall thereupon become vacant.
(2) If a casual vacancy occurs in the office of the Chairperson or a Member, whether by reason of his death, resignation or otherwise, such vacancy shall be filled within a period of ninety days by making afresh appointment in accordance with the provisions of Section 4 and the person so appointed shall hold office for the remainder of the term of office for which the Chairperson, or a Member, as the case may be, in whose place he is so appointed would have held that office.
9. Vacancies, etc., not to invalidate proceedings of Commission.
9. Vacancies, etc., not to invalidate proceedings of Commission.—No act or proceeding of the Commission shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b) any defect in the appointment of a person as the Chairperson or a Member; or
(c) any irregularity in the procedure of the Commission not affecting the merits of the case.
10. Procedure for transaction of business.
10. Procedure for transaction of business.—(1) The Commission shall meet regularly at its office at such time as the Chairperson thinks fit, but three months shall not intervene between its last and the next meeting.
(2) All decisions at a meeting shall be taken by majority:
Provided that in the case of equality of votes, the Chairperson, or in his absence the person presiding, shall have and exercise a second or casting vote.
(3) If for any reason, the Chairperson, is unable to attend the meeting of the Commission, any Member chosen by the Members present from amongst themselves at the meeting, shall preside.
(4) The Commission shall observe such rules of procedure in the transaction of its business at a meeting, including the quorum at such meeting, as may be prescribed by the Central Government.
(5) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by Member-Secretary in this behalf.
11. Member-Secretary, officers and other employees of Commission.
11. Member-Secretary, officers and other employees of Commission.—(1) The Central Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the Additional Secretary to the Government of India as a Member-Secretary of the Commission and shall make available to the Commission such other officers and employees as may be necessary for the efficient performance of its functions.
(2) The Member-Secretary shall be responsible for the proper administration of the affairs of the Commission and its day-to-day management and shall exercise and discharge such other powers and perform such other duties as may be prescribed by the Central Government.
(3) The salary and allowances payable to, and the other terms and conditions of service of the Member-Secretary, other officers and employees, appointed for the purpose of the Commission shall be such as may be prescribed by the Central Government.
12. Salaries and allowances to be paid out of grants.
12. Salaries and allowances to be paid out of grants.—The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the Member-Secretary, other officers and employees referred to in Section 11, shall be paid out of the grants referred to in sub-section (1) of Section 27.
Chapter III
FUNCTIONS AND POWERS OF THE COMMISSION
13. Functions of Commission.
13. Functions of Commission.—(1) The Commission shall perform all or any of the following functions, namely:—
(a) 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;
(b) present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards;
(c) inquire into violation of child rights and recommend initiation of proceedings in such cases;
(d) 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;
(e) look into the matters relating to 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;
(f) 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;
(g) undertake and promote research in the field of child rights;
(h) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;
(i) inspect or cause to be inspected any juvenile 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 organisation; 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;
(j) inquire into complaints and take suo motu notice of matters relating to,—
(i) deprivation and violation of child rights;
(ii) non-implementation of laws providing for protection and development of children;
(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children,
or take up the issues arising out of such matters with appropriate authorities; and
(k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions.
(2) The Commission shall not inquire 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.
14. Powers relating to inquiries.
14. Powers relating to inquiries.—(1) The Commission shall, while inquiring into any matter referred to in clause (j) of sub-section (1) of Section 13 have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office; and
(e) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under Section 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
15. Steps after inquiry.
15. Steps after inquiry.—The Commission may take any of the following steps upon the completion of an inquiry held under this Act, namely:—
(i) where the inquiry discloses, the Commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;
(ii) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
(iii) recommend to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission may consider necessary.
16. Annual and special reports of Commission.
16. Annual and special reports of Commission.—(1) The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.
(2) The Central Government and the State Government concerned, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any, within a period of one year from the date of receipt of such report.
(3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government.
References
[i] The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, Ss. 95, 96 & Sch.-V (w.e.f. 31-10-2019).
[ii] The Act came into force, w.e.f. February 15, 2007.
[iii] Subs. for “Minister in-charge of the Ministry of Human Resource Development” by Act 4 of 2007, S. 2, dt. 29-12-2006.
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