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Mains Answer Writing

2-March-2024

Q1) Is the National Commission for Protection of Child Rights (NCPCR) able to tackle the threats to the rights of children in India? Examine.

(150 Words/10 Marks)

ANSWER

The National Commission for Protection of Child Rights (NCPCR) is a statutory body established under the Commissions for Protection of Child Rights (CPCR) Act, 2005 in India. Its primary mandate is to ensure the protection and promotion of the rights of children in the country.

 The NCPCR helps in tackling threats to the rights of children in India in the following ways:

  1. NCPCR serves as a platform to file complaints regarding child rights violations. It carries out investigations and recommends legal action, provides relief and rehabilitation, and facilitates access to justice.
  2. Monitoring: It monitors the implementation of existing laws and mechanisms related to child rights, such as Article 24 (prohibition of child labor), Juvenile Justice Act (JJ Act), POCSO etc. It has power to conduct suo moto investigations, inquiries, and inspections.
  3. Reports: It produces reports on the status of children’s rights and tackling challenges to child rights.

E.g., report on ‘Preventing Child Trafficking Post-Lockdown Situation’

  1. Policy Advocacy: It aids government in development and implementation of schemes, programs, policies, and guidelines aimed at ensuring the well-being of children.

E.g., Juvenile Justice (Care and Protection of Children) Model Rules 2016 for standards on physical infrastructure, clothing, bedding, nutrition & diet, and rehabilitation measures.

  1. Capacity building: The NCPCR collaborates with various government departments and civil society organizations to strengthen the child protection system through capacity-building initiatives and awareness generation.

 While NCPCR plays a major role in promotion of child rights, the following challenges undermine its ability to tackle threats to the rights of children:

  1. Implementation Gap: The NCPCR’s role is primarily advisory and recommendatory in nature. The effectiveness of recommendations depends on the willingness of governments to act on the recommendations. But political will is lacking as child rights are seldom the subject of electoral concerns.
  2. Judicial Delays: Challenges related to delays in the judicial system impact the timely resolution of child rights violations.

E.g., the 1992 Ajmer rape case trials have lasted over three decades.

  1. Poor Awareness:
  2. There is lack of awareness about child rights.

E.g., violence in UA-rated ‘family movies’ such as Baahubali.

  1. People lack awareness about the commission’s role. It poses limitations in receiving timely information about violation of child rights specially from remote and marginalized areas.
  2. Resource Constraints including budgetary limitations, staffing issues, and infrastructure gaps hinder the commission’s ability to carry out its mandate effectively.

There is a need for continuous efforts to raise awareness about child rights. NCPCR needs to lead in building understanding and capacity among stakeholders, including government officials, law enforcement agencies, and communities, to effectively address the threats faced by children.

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