Functions & Powers

 

Functions of Commission:

(1) The Commission shall perform all or any of the following functions, namely:-

(a) examine arid review the safeguards provided by or under any law for the time beirig in force for the protection of child rights and ecbmmend measures for their effective implementation.

(b) present to the Central 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 initiat.ion of proceedings in such cases.

(d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV / AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and eco end appropriate remedial measures.

(e) look into the matter relating to children in need of spedal 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 instrunlents and udertake 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, the 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 the Central Governmeht or any State Government or any other authority, including any institution  by a social organisation; where children detained or lodged for the purpose of treat'ment: reformation or protection and take up with these authodties for remedial action; if found necessary;

(j) inquire into complaints and take suo motu notice of matters relating 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, guidlines or instiuctions aimed at mitigating hardships to arid 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) 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 riot inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.

 

Powers relating to inquiries:

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 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 public record o rcopy thereof from any court or office and

(e) issuing commission for the examination of witnesses 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 in 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.

 
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