Thursday, January 8, 2015

Citizen Charter

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
Phone 24920894/95/97, Fax : 022-24920896 E Mail I.D.mscpcr@gmail.com

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