Ethics Theory, TLP-UPSC Mains Answer Writing
Q. 5. The National Commission for Protection of Child Rights (NCPCR) plays a crucial role in safeguarding child rights in India. Critically assess its mandate, functioning, and limitations in ensuring justice and welfare for children. (250 words, 15 marks)
Introduction
The NCPCR, established under the Commissions for Protection of Child Rights Act, 2005, aims to ensure that all laws, policies, and administrative mechanisms align with the rights and best interests of children as per the Constitution and UNCRC.
Body
Mandate and Key Functions of NCPCR
Policy Review: examines and reviews existing laws, policies, and programmes related to child rights.
Monitoring Implementation: oversees compliance of child-related laws, including the Right to Education Act, 2009 and Juvenile Justice Act, 2015.
Inquiry and Complaints: inquires into violations of child rights either on its own or based on complaints.
Research and Awareness: undertakes research and spreads awareness on child rights and protection mechanisms.
Advisory Role: advises central and state governments on effective implementation of child rights.
Achievements and Positive Interventions
- Monitoring RTE Act Implementation: regularly inspects schools and monitors RTE compliance, including issues of dropout, infrastructure, and discrimination. Example: NCPCR reports led to identification of out-of-school children in several states like Bihar and Rajasthan.
- Rescue and Rehabilitation Efforts: coordinated with state authorities and Child Welfare Committees (CWCs) in child labour and trafficking cases. Example: 10,000+ children rescued from hazardous work environments in 2021–22 through joint operations.
- COVID-19 Response: tracked children orphaned during the pandemic and coordinated with authorities to ensure their care and protection. Example: Bal Swaraj Portal was launched to track such children. As of February 2022, over 1.53 lakh children were registered on the portal.
- Combating Online Exploitation: initiated awareness campaigns and coordinated with agencies to prevent child pornography and online abuse. Example: Collaborated with Interpol and NCRB on cybercrime awareness programs for schools.
Limitations and Challenges
- Limited Powers: lacks enforcement authority and must depend on other agencies for implementation of recommendations.
- Understaffing and Budget Constraints: inadequate resources and personnel hamper timely investigation and monitoring.
- Inconsistent State Commission Coordination: weak coordination between NCPCR and State Commissions leads to fragmented responses.
- Overcentralization: most activities are Delhi-centric with limited outreach in remote rural areas.
- Delay in Disposal of Cases: case backlog and administrative delays limit its responsiveness to urgent child rights violations.
Way Forward
- Strengthen Statutory Powers: grant quasi-judicial powers for enforcement of decisions and penal action in grave violations.
- Enhance Funding and Infrastructure: ensure adequate staffing, field officers, and budget for independent inquiries and outreach.
- Improve Federal Coordination: build real-time coordination mechanisms with State Commissions for effective case resolution.
- Leverage Technology: expand digital complaint portals, helplines, and monitoring dashboards for faster action and transparency.
- Committee Recommendations: implement recommendations of the Justice Verma Committee and Mehta Committee on strengthening child protection frameworks.
Conclusion
NCPCR plays a vital role in child welfare, but institutional strengthening is essential to realize Article 39(e) and (f) of the Constitution, which mandate protection of children’s health, development, and opportunities in dignity and freedom.
