Under Section 44 of the
said Act Commission has power to monitoring of implementation of Act. The
Act prescribed as
44(1) The State
Commission for Protection of Child Rights constituted under section 17, of the
Commissions for Protection of Child Rights Act, 2005 (4 of 2006), shall, in
addition to the functions assigned to them under that Act, also monitor the
implementation of the provisions of this Act in such manner as may be
prescribed.
(2) The State Commission
referred to in sub-section (1), shall, while inquiring into any matter relating
to any offence under this Act, have the same powers as are vested in it under
the Commission for Protection of Child Rights Act, 2005 (4 of 2006).
(3) The State Commission
referred to in sub-section (1), shall, also include, its activities under this
section, in the annual report referred to in section 16 of the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006).
Under the Protection of
Children from Sexual Offence Rule 2012, the Commission has following powers :
Provision of Rule
prescribed as
6. The State Commission
for the Protection of Child Rights (hereafter referred to as “SCPCR”), shall in
addition to the functions assigned to them under the Commissions for Protection
of Child Rights Act, 2005, perform the following functions for implementation
of the provisions of the Act -
a.
to monitor the
designation of special Courts by State Governments;
b.
to monitor the
appointment of Public Prosecutors 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 organisations, 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 officers 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
SCPCR, may call for a report on any specific case of child sexual abuse falling
within the jurisdiction of a CWC.
(3) The
SCPCR, may collect information and data on its own or from the relevant
agencies regarding reported cases of sexual abuse and their disposal under the
processes established under the Act, including information on the following:-
(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
SCPCR, 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 separte chapter in the Annual Report of the SCPCR.
