RSCPCR (Rajasthan State Commission for Protection of Child Rights) is an independent state level statutory body, set up on 23rd February 2010 by Government of Rajasthan by virtue of power given to it under section 17 of the Commissions of Protection of Child Rights Act (CPCRA), 2005(Amended in 2006).
RSCPCR works to recognize, promote and protect all rights of all children in the state of Rajasthan by reviewing and monitoring the implementation of laws and policies relating to children. The role, powers & functions of RSCPCR are listed in the Rajasthan State Commission for Protection of Child Rights Rules, 2010 (notified in April 2010).
The Department of Women and Child Development, Government of Rajasthan is the nodal department for the Commission in Rajasthan. The commission works in close coordination with the National Commission for Protection of Child Rights (NCPCR) and other State Commissions.
RSCPCR Mandate:
The Commission’s mandate is to ensure that all Laws, Policies, Programmes, Administrative Mechanisms and activities in the state, no matter whether managed by government or non-government organizations, are in conformity with the Child Rights perspective as proclaimed in the constitution of India and the UNCRC, 1989 to which India is a signatory. The mandate is to examine safeguards for children and inquire into complaints of violation of child rights by the State, or private individuals or entities.
The mandate of the Commission is to ensure that children lead a life with dignity and their voices are heard with utmost sincerity and priority at every level.
Structure of RSCPCR
- The RSCPCR consists of a Chairperson and six other members appointed by the State Government.
- Out of six members two shall be women.
- The Members are appointed 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 marginalised children or children with disabilities;
- iv) Elimination of child labour or children in distress;
- v) Child psychology or sociology; and
- vi) Laws relating to children.
Powers of the Commission:
The Commission, while inquiring into any matter, has all the powers of a Civil Court trying a suit under the Code of Civil Procedures, 1908 and in particular, with respect to the following matters:
- Summoning and enforcing the attendance of any person and examining him on oath
- Discovery and production of any document
- Receiving evidence on Affidavits
- Requisitioning of any Public Record or copy thereof from any Court or Office
- Issuing commissions for the examination of witnesses or documents
- Forwarding cases to Magistrates who have jurisdiction to try the same as if the case has been forwarded to him under sec.346 of the Code of Criminal Procedure 1973
On completion of inquiry, the Commission has the powers to take the following actions:
- Where the inquiry discloses, the commission of violation of child rights or 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.
- Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary.
- Recommend to concerned Government or authority for grant of such interim relief to the victim or the members of his family as considered necessary.
Functions of the Commission
The Powers and Functions of the Commission mentioned below are found in Section 13, 14 and 15 of CPCR Act, 2005 as well as in Section 9 of RCPCR Rules, 2010. In addition to these functions, the Rajasthan State Commission for Protection of Child Rights is empowered to monitor implementation of the Right of Children to Free and Compulsory Education Act, 2009 and Protection of Children from Sexual Offences (POCSO) Act, 2012.
The Commission shall perform all or any of the following functions, namely;
- 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
- Present to the State Government, annually and at such other intervals, as the Commission may deem fit, Reports upon the working of those safeguards
- Inquire into violation of child rights and recommend initiation of proceedings in such cases
- Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disasters, domestic violence, HIV/ AIDS, trafficking, maltreatment, torture and exploitation, pornography, and prostitution and recommend appropriate remedial measures
- Look into 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
- Study treaties and other international instruments and undertake periodic review of existing policies, programmes, and other activities on child rights and make recommendations for their effective implementation in the best interest of children
- Undertake and promote research in the field of child rights
- Spread child rights literacy among various sections of society and promote awareness of the safeguards available for protection of these rights through publications, media, seminars and other available means
- 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 the State Government or any other authority including any institution run by a social organization, 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
- Inquire into complaints and take up suo-moto notice of matters related to:
- Deprivation and violation of child rights
- Non implementation of laws providing for protection and development of children
- 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
- Such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions.
- 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.
Other Important Aspects:
Who can approach the Commission?
- The child victim or on his/her behalf his/her parents / guardian or any child or a public-spirited citizen or an institution or any voluntary organisation can contact the Commission for registering any complain or sharing any grievance or to raise any issues of importance for best interest of children.
- However no anonymous complain would be entertained by the Commission to avoid any embarrassment or wastage of Commission’s time and energy.
- The identity of the Complainant can be kept secret if the complainant desires so, within the limit of law.
- The Commission can also take suo moto cognizance of serious cases of violation of child rights.
Procedures of Filing Complaint?
Complaint must be sent to the Chairperson, Rajasthan State Commission for Protection of Child Rights in written form either in Hindi or English or in any language convenient to the complainant through post/mail/fax.
Who is a child?
RSCPCR considers a child is a person below 18 years of age.
Further:
- The Commissions of Protection of Child Rights Act (CPCRA), 2005 – Download PDF
- The Rajasthan State Commission for Protection of Child Rights Rules, 2010 – Download PDF
