The issues related to children’s welfare and juvenile justice came to the fore during 80s and 90s, when the international community recognized the need of taking concrete action in protecting child rights and stops their abuse and exploitation. United Nations formulated Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) in 1985. General Assembly of the United Nations adopted the Convention on Rights of the Child in 1989. UN again adopted Rules for the Protection of Juveniles Deprived of their Liberty in 1990. In fact way back in the year1979, UN observed International Year of Child. A World Summit on Child was also convened in 1990. At the level of SAARC the issue of child rights was duly recognized and the member countries have devoted the decade of 1990s towards girl child. These international developments triggered action at the domestic level as well. Various governments enacted special legislation and adopted policy measures for the protection of child rights in their domestic jurisdiction.
Government of India had earlier enacted Juvenile Justice Act in 1986, which it amended by a new legislation Juvenile Justice (Care and Protection of Children) Act, 2000 to make its standards match with internationally recognized standards. However, government lacks capacity to implement these legislative instruments to their full potential, which can be easily seen when children are the most suffered lot in society and can be commonly seen begging on streets or engaged in child labour in India. It is estimated by independent agencies that around 50 million children are working as child labourers in India. Mostly children are grossly abused and exploited all over the country for commercial and personal benefits. In any societal set-up, civil society has a crucial role to play towards its overall development. In a vast country like India, the government alone is insufficient to appropriately fulfill its comprehensive welfare role. As such, the role of NGOs hardly needs to be emphasized. NGOs across the world have fairly performed their role in protecting children from exploitation and rehabilitating/reintegrating them into society, by cooperating with government agencies at the state and national level. In India too, several NGOs are operating for the cause of children. Their role is highly appreciative and need to be appropriately recognized. Child labour is a peculiar problem in almost every society. Indian Constitution and Special laws provide measures for the child rights protection. However, our enforcement machinery needs to be geared-up to face the challenges posed by this inhuman social evil, which bring bad-image for the second-fastest growing economy in the world. It should be the combined efforts of the government, civil society groups and the people at large to bring about transformation in our society, and make it child friendly in the best possible manner.
Commission for Protection of Child Rights- A Welcome Step
India ratified the United Nations Child Rights Convention on 11 December 1992, and the Commissions for Protection of Child Rights Act, 2005 was passed in 2006 as one of the necessary steps to protect the rights of the children in the country. The National Commission for Protection of Child Rights (NCPCR) was constituted in 2007. The Act also provides for setting up of state commissions for protection of children as also children's courts for providing speedy trial of offences against children and violation of child rights. The National/State Commission consists of seven members including a Chairperson and six members, of which at least two need to be women. The chairperson has to be a person of eminence who has done outstanding work for promoting the welfare of children. The members, out of whom at least two shall be women, will be appointed from among persons of eminence and experience in the fields of education, child health care or welfare, juvenile justice, elimination of child labour, child psychology or sociology and laws relating to children, the official said.
The Act empowers the State Government to notify at least a court in the State or a Court of Sessions in each district as a Children’s Court, with concurrence of the Chief Justice of the concerned High Court. For every Children’s Court, the State Government is required to appoint a Public Prosecutor or appoint an advocate who has been in practice for not less than seven years as the Special Public Prosecutor. However, various state governments are yet to implement the provisions of this Act, which must get operational without delay. A well planned rescue and rehabilitation strategy should be evolved by these statutory commissions to provide shelter and compulsory education to all children below the age of fourteen years.
The functions and powers of the National Commission are as following:
• Examine and review the legal safeguards provided by or under any law for the protection of child rights and recommend measures for their effective implementation
• Prepare and present annual and periodic reports upon the working of these safeguards
• Inquire into violation of child rights and recommend initiation of proceedings in such cases
• Undertake periodic review of policies, programmes and other activities related to child rights in reference to the treaties and other international instruments
•Spread awareness about child rights among various sections of society
•Examine and recommend appropriate remedial measures for 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
•Undertake and promote research in the field of child rights
•Inspect institutions meant for juvenile/children
•Inquire into complaints of deprivation and violation of child rights, non-implementation of laws and non-compliance policy decisions, guidelines or instructions
•Undertake other necessary functions for the promotion of child rights. The Commission has the power of a civil court and all criminal cases brought to the same has to be forwarded to a concerned Magistrate who has jurisdiction to try the same.
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