The Constitution of India guarantees several rights to the Children like free and compulsory education [Article-21 (A)], protection against child labour (Article-24), prohibition of trafficking and forced labour (Article-23) etc. Hence, to monitor the implementation of such rights, a multi-member, statutory body i.e. The National Commission for Protection of Child Rights has been constituted under the Commission for Protection of Child Rights Act, 2005.

The first National commission for protection of child rights was constituted in 2007 with Mrs. Shanta Sinha as its first Chairperson.

Appointment and Composition of National Commission for Protection of Child Rights

The Chairperson and members of the National Commission for protection of Child Rights are appointed by the Central Government. The multi member Commission consists of:

• A Chairperson and
• 6 other members.

The Chairman is appointed on the recommendation of a three members Committee constituted by the Central Government.

Qualifications and Tenure of the Members of National Commission for Protection of Child Rights

Qualifications for Chairperson: The Chairperson should be person of eminence and has done outstanding work for promoting the welfare of the children

For members: Out of 6 members appointed, at least two persons should be women.

The members appointed by the Central Government should be persons of eminence, ability, integrity and experience in fields of education, child health, juvenile justice and care, child psychology and laws related to children.

Tenure: The Chairman and the other persons hold office for a period of three years from the date of their appointment.

• The Chairperson shall not hold office after he/she has attained the age of 65 years.
• The Members shall not hold office after he/she has attained the age of 60 years.
• The Chairman and the members are prohibited to hold office for more than two terms.

Removal of the members of National Commission for Protection of Child Rights

As per Commission for Child Rights Act, 2005 the Chairperson of the Commission can be removed from his/her office on the grounds of proved misbehaviour or incapacity (decided after Supreme Court inquiry). Other than this, The Chairperson or any other member of the Commission can be removed by the Central Government on following grounds:

• He/she is an undischarged insolvent.
• He/she gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude.
• He/she is of unsound mind and body declared by a competent Court. 
• He/she refuses to act or become incapable of acting.
• He/she without obtaining leave from Commission, remain absent for three consecutive meetings

Powers and functions of National Commission for Protection of Child Rights

Being a signatory of Convention on the Rights of the Children in 1992, the Commission for protection of Child Rights Act,2005 has mandated various functions to the Commission as:

• Inquiry and investigation: The NCPCR inquires in the cases related to violation of children rights and recommend initiation of proceedings in such cases. A person between the ages of 0-18 is considered as a child by the Commission. It takes cognisance in following cases:
  • In cases of deprivation and violation of child rights.
  • Non-implementation of laws provided for protection and development of the children.
  • Non- compliance on policy decisions, guidelines and instructions aimed for welfare of the children.

             The Commission is also empowered to take Suo-moto actions in such cases.

• Review and examination: The National Commission for Protection of Child Rights examines and reviews the safeguards provided in the Constitution and the laws to ensure their effective implementation.
  • The Commission examines all the factors that inhibit the enjoyment of the rights of children affected by terrorism, communal violence, natural disasters, domestic violence, trafficking torture etc.
  • The Commission also looks into the matters relating to the children in need of special care and protection including the children in distress, marginalised and disadvantaged children, juveniles and children of prisoners and recommend remedial measures for their well- being. E.g. During Covid-19 the NCPCR suggested the need for a child to grow in a familial environment and requested repatriation of children from child care homes to their families.
• Inspection: The NCPCR also inspects the juvenile custodial homes or any other institution where children are detained and examines the conditions there. It suggests necessary measures in case of irregularities or any other issues.
• Research and studies by the Commission:  The Commission studies the international conventions and reviews the existing policies, programmes of the Government and makes recommendations for their effective implementation. The Commission also undertakes and promotes research in the fields of child rights.

• Responsibilities under other Acts: The NCPCR is also responsible to ensure effective implementation of some significant legislation related to children like:
  • Right to Education Act,2005
  • Protection of Children from Sexual Offences(POCSO) Act,2012
  • Juvenile justice (care and protection of children) Act, 2015
• Quasi judicial Function: As per Commission for Protection of Child Rights Act,2005,  NCPCR has power to regulate its own procedure. Hence, while investigating a matter, Commission have all the powers of a civil court in following manner:
  • The Commission can summon and enforce the attendance of any person from any part of India. 
  • The Commission can ask for any evidence, document and any public record from Court or Offices.
  • The Commission also has powers to forward any case to a Magistrate having jurisdiction to try the case.