SC seeks steps for children on streets

Subject: Polity

Section :Rights

Context: SC tells States to follow NCPCR’s norms for the time being.

Observation of Court:

Supreme Court on Monday directed the States and Union Territories (UTs) that have not yet framed their own policies to rehabilitate children in street situation (CISS) to immediately implement the Standard Operating Procedure for Care and Protection of Children in Street Situation 2.0 framed by the National Commission for Protection of Child Rights (NCPCR) for the time being
A Bench led by Justice L. Nageswara Rao said these States and Union Territories could follow the NCPCR’s standard operating procedure (SOP) until they devised their own.
Children could not be made to suffer for the delay on the part of the States and Union Territories to form their rehabilitation policies. Once individual schemes were formed, they have to be forwarded to the NCPCR.
Court asked the States to approach the NCPCR with suggestions for changing their rehabilitation policies in accordance with their respective ground realities while at the same time keeping in mind the spirit and larger intent of the NCPCR’s SOP to rescue children from the streets.

About NCPCR:

National Commission for Protection of Child Rights (NCPCR) is a statutory body established under the Commission for Protection of Child Rights (CPCR) Act, 2005.
It is under the administrative control of the Ministry of Women and Child Development.
Under the act, a Child is defined as a person in the 0 to 18 years age group.

The Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
Composition:
- This commission has a chairperson and six members of which at least two should be women.
- All of them are appointed by Central Government for three years.
- The maximum age to serve in commission is 65 years for Chairman and 60 years for members.

The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members, shall be such as may be prescribed by the Central Government.

Under the RTE Act, 2009, the NCPCR can:

Inquire into complaints about violation of the law.
Summon an individual and demand evidence.
Seek a magisterial enquiry.
File a writ petition in the High Court or Supreme Court.
Approach the government concerned for prosecution of the offender.
Recommend interim relief to those affected.
Commission shall not enquire 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.
Present an annual report to the Central Government and at such other intervals as the Commission may deem fit.