Mandate

The functions of the Commission as laid out in the Act are as follows:

1.   The Commission shall perform all or any of the following functions, namely;

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 Government, 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 and 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 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 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

j.        inquire into complaints and takes up Moto notice of matters related to:

(i)     Deprivation and violation of child rights

(ii)   Non implementation of laws providing for protection and development of children

(iii) 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

1.      such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions

2.         The Commission shall not inquire into any matter which is pending before a Central Commission or any other Commission duly constituted under any law for the time being in force.

In addition, the Commission is to perform the following functions also:

(a)    Analyze existing law, policy and practice to assess compliance with Convention on the Rights of the Child, undertake inquiries and produce reports on any aspect of policy or practice affecting children and comment on proposed new legislations from a child rights perspective

(b)  Present to the State Government annually and at such other intervals as the Commission may deem fit, reports upon the workings of these safeguards;

(c)    Undertake formal investigations where concern has been expressed either by children themselves or by concerned persons on their behalf;

(d)   Ensure that the work of the Commission is directly informed by the view of children in order to reflect their priorities and perspectives;

(e)    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;

(f)    Produce and disseminate information about child rights;

(g)   Compile and analyze data on children;

(h)   Promote the incorporation of child rights into the school curriculum, teachers training and training of personnel dealing with children.

Mandate under 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 with standing anything 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.  The appeal as preferred shall be decided by the state commission.

Mandate under provision of Protection of Children from Sexual Offence Act.

One of the Core Mandates of the Commission is to inquire into the complaints of violations of child rights. The commission is also required to take suo Moto cognizance of serious cases of violation of child rights and to examine factors that inhibit the enjoyment of rights of children.  The commission evolved as Notification (I) and (II).

Notification No.1

1. State Commission for Child Right is a Statutory Organization created under Commission for Protection of Child Right Act 2005.  The  State Government has created State Commission under the said act 2005, by it’s order No.C.R.C./2006/ C.R.139/D-3/dated 24/7/2007
2.  Provisions as mentioned under Sub section (1) J and (1) J (i) (ii) (iii) of section 13  and  sub section  (1) k  of section 13   along  with  the  sub sections , section (1) of section 14 , with respect to power as given to the   State Commission , the proposal to frame procedure to implement the  said provisions  was  under  consideration  at the Commission’s Level.   The proposal has been accepted by the Commission, accordingly the procedure have been framed and made as follows.

1. In order to follow sub-section (J) (i) (ii) (iii) of section  13 of  Child Rights Commission   Act  2005,  work  have  been  allocated  among  the members of the commission on the line of information commission and Maharashtra Administrative Tribunal  as under

(a) The main bench of the Commission shall be in Mumbai and circuit benches at Aurangabad and Nagpur respectively.  

 (b)Main branch (Mumbai, Pune and Konkan division) –

(c )Aurangabad Bench (Nashik and Aurangabad)

(d)Nagpur bench (Nagpur and Amravati)

(2) Complaint’s under subsection J (1)(i) (ii) (iii)and  (1)k of   section 13 of Commission for Protection of Child  Right Act 2005, shall be received in  Mumbai and after receiving the complaint the same shall be allotted to  respective benches.

3. Within their jurisdictions the change of place to conduct the hearing shall be decided by the members of respective benches.

4. Quorum of at least two members required for hearing.

5. Transfer of members   from one bench to others shall be decided in the meeting of the commission.

6. If there is involvement of any important matter then the said matter shall be heard at Mumbai before full house of commission. The nature of matter whether important or not shall be decided  by the chairman, & Secretary ( members ,Secretary  referred as ) .The  full  house  hearing shall be held at least once in every month at  Mumbai .  Full house hearing and meeting of commission probably shall be arranged on same day.

7. The members may be sent for hearing from one division (bench) to another by chairman after considering the workload.

8. Any earlier orders issued in this regard are hereby cancelled.

Notification No. 2

Maharashtra State Commission for Protection of Child Rights

            Constituted by the State Government’s Order dated 24/07/2007, Under the Central Government’s Act 2005 here named as Commission for protection of Child Right and rule made their under by State Government on 31/05/2010.

PROCEDURE

                                                                                    

            Any person / authority / organizations shall have liberty to move the state Commission for protection of Child Right here in after referred to as The commission by filing any application for seeking suitable relief against commission/omission or any action taken by State Government/Central Government or any other authorities/ organizations whether under the control of State Government or otherwise or suo moto notice of matter

           

            Regarding

a)  Deprivation and Violation of child right.

b) Non implementation of laws providing for protection and development of children.

c) Non compliance of policy decision, guideline or restriction aimed at mitigating hardship to and ensuring welfare of the children and to provide relief to such children.

d) Such other function as it may consider necessary for the promotion of child right or any other matter in incidental to the above function.

2. All applications should be addressed to Secretary, Maharashtra State Commission for protection of Child Right, 3rd floor, G.T.S. Building, Sir pochkhanwala Road, Worli, Mumbai 400 030.

3. Every application shall set on the name, description and complete postal address of the applicant & respondents.  It should be typed in double space on a fullscape.(Legal size paper)and shall set forth in chronological order and in corrective numbered paragraphs, all facts grounds and relief claimed and shall be signed by the applicants or his advocate.

4. six copies of the application shall be filed and it shall be accompanied by copies of such documents as are in the possession of the applicants support of his/her application, which shall be supported by a duly attested affidavit of the application.  All the pages of the application shall be numbered.

5. A Copy of the application shall be sent by the applicant to all the respondents and photo copy of postal or courier receipt of proof of the same shall be filed along with the application.

6. Every application shall have index.

7. After the receipt of the application a notice of hearing shall be issued to the parties through the counsel, Central Government, State Government, any other authority, electronic mode or through any other means.  The notice shall specify the date and place of hearing before the commission.

8. Where there are a number of applications in which common issues have been raised and similar subjects are sought, the commission may issue notice to the parties through public notice/ advertisement in newspapers.  The commission in such cases may determine that who shall bear the cost of publication of such notice.

9. The respondents shall be at liberty to file written objections to the application in the form of a counter affidavit (reply) with proof of service of advance copy to the applicant. The counter affidavit shall give Para-wise reply on merits and no general replies or denials would be entertained. In case where the respondent(s) is an office of the Central Government, the State Government, Government Undertaking or any authority owned , managed or controlled by the Central/State Government, the counter affidavit shall be signed by the Head of such Department, Authority or Undertaking .

10. The Commission shall have the powers to.

(a) Call for any documents from any person or the Government of the Union or the State or any other official.

(b) Summon any person and receive evidence from such person on oath either on affidavit or otherwise.

(c) Seek assistance/ presence of any person(s) /official(s) required by it in relation to its work.

11. A quorum comprising two minimum members will be competent to hear the applications and pass orders.

12.  The Commission  may , as and when necessary, undertake field visits, hold public hearing with officials and NGOs through one or more of its members or through Special Invitees or such Central Government/ State Government  officials, NGOs, institutions, and experts as the Commission  may deem fit.

13. The Commission may pass interim order(s) to meet the ends of justice in such cases, as far as feasible; the Commission will pass final order within 90 days from the date of issue of the interim order.

14. The Commission, after giving opportunity of hearing to the parties passes orders in writing, copies of which shall be sent to the concerned parties.

15. All orders passed by the Committee shall be authenticated by the Secretary and shall bear the seal of the Commission.

Power relating to inquires-

Section 14 of the Act prescribed power related to inquiries as

1. The Commission shall, while inquiring into any matter referred to in clause (j) of sub-section (1) of section 13 have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely :-

            (a)       Summoning and enforcing the attendance of any person and

Examining him on oath;

(b)       Discovery and production of any document;

(c)        Receiving evidence on affidavits;

(d)       Requisitioning any public record or copy thereof from any court or office; and

(e)       Issuing commissions for the examination of witness or Documents.

(2)       The Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the code of Criminal Procedure, 1973 (2 of 1974).

Steps after inquiry

Section 15 of the Act prescribe steps after inquiry as

The Commission may take any of the following steps upon the completion of an inquiry held under this Act, namely:-

(i)         where the inquiry discloses, the Commission of violation of child rights of 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 again the concerned person or persons;

(ii)        Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that court may deem necessary;

(iii)       Recommend to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission may consider necessary.