MAHARASHTRA
STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
CITIZEN’S
CHARTER
OUR
VISION
Protection
of child rights in the Maharashtra state in the context of the United Nations’ Convention
on the Rights of Child (CRC).
OUR
MISSION
(i).
To ensure that the rights of all children irrespective of their gender,
religion, caste are protected.
(ii).
To inquire into cases of violations of child rights and recommend action against
violators of child rights.
(iii).
To examine factors those inhibits enjoyment of child rights and recommend appropriate
remedial measures.
(iv).
To undertake research and studies in the field of child rights.
FUNCTIONS OF THE
COMMISSION WITH RESPECT TO CHILD RIGHTS ACT 2005
(a) 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;
(b) Present to the State Govt., annually and at such other
intervals, as the Commission may deem fit, reports upon the working of those
safeguards;
(c) Inquire into violation of child rights and recommend
initiation of proceedings in such cases;
(d)
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;
(e) Look into matters relating to children in need of special care
and protection including children in distress, marginalized & disadvantaged
children, children in conflict with law, juveniles, children without family and
children of prisoners and recommend appropriate remedial measures;
(f) Study treaties and other international instruments and undertake
periodical review of existing policies, programmes and other activities on
child rights and make recommendations for their effective implementation in the
best interest of children;
(g) Undertake and promote research in the field of child rights;
(h) Spread child rights literacy among various sections of the
society and promote awareness of the safeguards available for protection of
these rights through publications, media, seminars and other available means;
(i) 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 State Govt. 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;
(j) Inquire into complaints or take suo moto notice of matters
related to
(a) deprivation & violation of child rights;
(b) non implementation of laws providing for protection and
development of children;
(c) 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; and
(k) Perform such other functions considered necessary for the
promotion of child rights and any other matter incidental to the above
functions:
(l) Analyze existing law, policy and practice to assess compliance
with Convention on the Rights of the Child,
(m) Present to the state Govt. annually and at such other
intervals as the Commission may deem fit, reports upon the working of those
safeguards;
(n) Undertake formal investigations where concern has been
expressed either by children themselves or by concerned person on their behalf;
(o) Promote, respect and serious consideration of the views of
children in its work and in that of all Govt. Departments and Organizations
dealing with child;
(p) Produce and disseminate information about child rights;
(q) Compile and analyze data on children;
(r) Promote the incorporation of child rights into the school
curriculum, teachers training and training of personnel dealing with children.
FUNCTIONS OF THE
COMMISSION WITH RESPECT TO RIGHT TO EDUCATION ACT 2009
Under Section 31 & 32 of Right to Education Act 2009 the State
Commission for Protection of Child Rights have been assigned following
functions
I) examine and review the safeguards for rights provided by or
under this act (Right to Education Act 2009) and recommend measures for their
effective implementation.
II) inquire into complaints relating to child Right to free and
compulsory education
III) Take necessary steps as provided under Section 15 and 24 of
the said commission for protection of Child Right Act 2005.
IV) the commission shall while inquiring into any matter relating
to child rights and compulsory education have the same power as assigned to
them respectively under Section 14 and 24 of the commission for protection of
child right act 2005.
V) Not withstanding any thing contained in Section 31, any person
having any grievance relating to the right of a child under Right to Education
Act may make a written complaint to the local authority having jurisdiction.
VI) After receiving the complaints under sub section 32(1) the
local authority shall decide the matter
VII) Any person aggrieved by the decision of local authority may
prefer an appeal to the state commission.
Under section 32 (3) of the Act, the appeal as preferred shall be
decided by the state commission.
FUNCTIONS
OF THE COMMISSION WITH RESPECT TO THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT 2012
(a) Under Section 44 of the POCSO Act 2012, State
Commission for Protection of Child Rights is to monitor the implementation of
the provisions of the POCSO Act
(b) Under sub-rule 6 of the
Protection of Children from sexual offences Rules, 2012, the Commission has
following functions:-
“6. Monitoring of implementation of the
Act.- (1) The National Commission for the Protection of
Child Rights (hereinafter referred to as “NCPCR”) or the State Commission for
the Protection of Child Rights (hereafter referred to as “SCPCR”), as the case
may be, shall in addition to the functions assigned to them under the
Commission for Protection of Child Rights Act, 2005, perform the following
functions for implementation of the provisions of the Act –
(a)
to monitor the appointment of Public Prosecutors by State
Governments;
(b)
to monitor the appointment of Public Prosecutor by State
Governments;
(c)
to monitor the formulation of the guidelines described in section
39 of the Act by the State Governments, for the use of non-governmental
organizations, professionals and experts or persons having knowledge of
psychology, social work, physical health, mental health and child development
to be associated with the pre-trial and trial stage to assist the child, and to
monitor the application of these guidelines;
(d)
to monitor the designing and implementation of modules for
training police personnel and other concerned persons, including officer of the
Central and State Governments, for the effective discharge of their functions
under the Act;
(e)
to monitor and support the Central Government and State
Governments for the dissemination of information relating to the provisions of
the Act through media including the television, radio and print media at
regular intervals, so as to make the general public, children as well as their
parents and guardians aware of the provisions of the Act.
(2) The NCPCR or the SCPCR, as the case may be,
may call for a report on any specific case of child sexual abuse falling within
the jurisdiction of a CWC.
(3) The
NCPCR or the SCPCR, as the case may be, may call for a report on any
specific case of child sexual abuse falling within the jurisdiction of a CWC.
(i) number and details of
offences reported under the Act;
(ii) whether the procedures prescribed under the Act and rules
were followed, including those regarding timeframes;
(iii) details of arrangements for care and protection of victims
of offences under this Act, including arrangements for emergency medical care
and medical examination; and,
(iv) details regarding
assessment of the need for care and protection of a child by the concerned CWC
in any specific case.
(4) The NCPCR or the SCPCR, as the case may be,
may use the information so collected to assess the implementation of the
provisions of the Act. The report on
monitoring of the Act shall be included in a separate chapter in Annual Report
of the NCPCR or the SCPCR.
OUR CLIENTS
• All Citizens, especially children in the age group of 0 to 18
years.
• State Govt. Ministries/Departments and other offices under the
Government/local and other authorities.
• NGOs and other activists/stake holders working in the field of
Rights of Child.
DETAILS OF
BUSINESS TRANSACTED BY THE COMMISSION
We strive for protection of child rights by:
(1) Making recommendations to concerned Govt. / authorities for
action in cases of violation of child rights noticed.
(2) Making recommendations to concerned Govt. / authorities
concerned for action against the person responsible for violation of child
rights.
(3) Approaching Supreme Court or High Court for directions, orders
or writs, as deemed fit, for violation of child rights noticed.
(4) Making recommendations to concerned Govt. / authorities for
grant of interim relief to the victim of child right violation or members of
his family.
(5) Carrying out public hearings for cases of violation of child
rights and making recommendations.
(6) Carrying out inspections, investigations for cases of
violation of child rights and making recommendations.
(7) Carrying out review of laws, condition of Children’s Homes
etc. through working groups, committees constituted for the purpose and making
recommendations.
(8) Making studies / carrying out research on all aspects related
to child rights, compilation of data and making recommendations.
(9) Creating awareness through seminars, workshops, publications
etc.
(10) Formulating Rule of procedure to redress the grievance of
public.
STATEMENT OF SERVICES PROVIDED
For dealing
with complaints regarding violation of child rights, the complaint mechanism
have been framed and uploaded on website
http://www.mscpcr.egov.co.in
For this purpose the application containing all relevant details
accompanied with all concerned documentary evidences should be addressed
directly to:
Secretary,
Maharashtra State Commission for Protection of Child Rights,
3rd floor, Government Transport service, Sir Pochakhanwala Rd. ,
Worli Mumbai
Phone 24920894/95/97, Fax : 022-24920896 E Mail I.D
: mscpcr@gmail.com
REDRESSAL
OF GRIEVANCES OF THE CITIZENS
Grievances received by the Commission will receive instant
attention. Grievances can be addressed to: -
Secretary,
Maharashtra State Commission for Protection of Child Rights,
3rd floor, Government Transport service, Sir Pochakhanwala Rd. ,
Worli Mumbai
EXPECTATION
FROM THE CLIENT/CITIZEN
We expect every organization, public or private and all citizens
·
To interact with the Commission to improve its
efficiency,
·
To imbibe the spirit of protection,
safeguarding & promoting child rights,
·
To honour and abide by the Rules and
Regulations framed by Govt. towards
protection of child rights
·
To share information with other citizens on
protection of child rights
·
To bring cases of violation of child rights to
the notice of the Commission
·
To offer suggestions to streamline the
functioning of the existing institutions related to child rights, promote accountability
and responsibility
·
To adopt the precepts of
protection of child rights.
WE
REQUEST CENTRAL / STATE GOVERNMENTS / UT ADMINISTRATIONS /LOCAL AND OTHER
AUTHORITIES/ ORGANISATIONS / NGOS / PROFESSIONAL BODIES AND OTHER CONCERNED
ORGANIZATIONS TO
·
Send all communication /
information in a complete manner accompanied with the required documents, and
·
Visit our website (http://www.mscpcr.egov.co.in for further details, and
·
Contact the officers as
given in the Annexure, if need arises.
Annexure
NAME, ADDRESS &
PHONE NUMBERS OF THE OFFICERS OF THE COMMISSION
Shri A.N.Tripathi
Secretary
Maharashtra State
Commission for Protection of Child Rights
3rd floor, Government
Transport service, Sir Pochakhanwala Rd. ,
Worli, Mumbai – 400
030.
Phone : 022 - 24920894
Shri A.B. Sadikale
Administrative Officer
Maharashtra State
Commission for Protection of Child Rights
3rd floor, Government
Transport service, Sir Pochakhanwala Rd. ,
Worli, Mumbai – 400
030.
Phone : 022 – 24920897
Smt. Sangeeta
Srivastava
Accounts officer cum
Administrative Officer
Maharashtra State
Commission for Protection of Child Rights
3rd floor, Government
Transport service, Sir Pochakhanwala Rd. ,
Worli, Mumbai – 400
030.
Phone : 022 – 24920895
CITIZEN’S CHARTER :
National Commission for Protection of Child Rights Page - 6