Theme2 Theme1
Introduction
The child is one of the integral basic constituents of the society and it is important part of the society. A secured, Healthy and Educated child builds robust society in future. Taking that into account, various rights are conferred on children. But, many impediments are coming in the way of free enjoyments of these rights by children. In this context, for overall development of child, it is important to make provisions for protection of child rights.
 

Formation of the Gujarat State Commission for Protection of Child Rights.

The Government of India had ratified United Nations Convention of child rights in the year 1992. In pursuance thereof, the Parliament enacted “The Commissions for Protections of Child Rights Act-2005” for Protection of child rights and H.E the President of India has assented to the Act on 20th June, 2006. According to section 17 of the Act, the Gujarat State Commission for Protection of Child Rights, has been constituted vide a notification dated 28th September, 2012. 
 

Chairperson and Members of the Gujarat State Commission for Protection of Child Rights

The Chairperson of the Commission has been appointed under notification dated 13/01/2016 and 06 members have been appointed vide notification dated 21/02/2013.

The Chairperson and Members of the Commission during the year 2017-18 were as under.

 

Sr. Name of the Chairperson Members Designation

1

Smt. Jagruti Haren Pandya

Chairperson

2

Shri Mayurbhai Bhupatlal Shah

Member

3

Shri Rajeshbhai Rameshbhai Patel

Member

4

Smt. Artiben Pareshbhai Joshi

Member

5

Smt. Prabhaben Narendrabhai Patel

Member

6

Dr. Rajulben Lallubhai Desai

Member

7

Shri Harshadbhai Ramajibhai Chaudhari

Member

 

 

Note:- After expiry of the tenure of the above mentioned members, the matter of appointment of new members is in consideration of the Government of Gujarat. 
 

Child Rights

As per section 2 (b) of the Commission for Protection of Child Rights Act, 2005 child rights includes the rights as adopted in the United Nations convention of Child Rights on the 20th Nov.1989 and Child Rights ratified Assented by the Government of India on the 11th Dec.1992.
 

Existing Child Rights Acts.

  • Commissions for Protection of Child Rights Act-2005
  • Rights of Children to Free and Compulsory Education Act-2009
  • Protection of Children from Sexual offences Act-2012
  • Bonded Labour System (Abolition) Act-1976
  • Child Labour (Prohibition and Regulation) Act-1986
  • Factories Act-1948
  • Hindu Minorities and Guardianship Act-1956
  • Guardians and Wards Act-1890
  • Immoral Traffic (Prevention) Act-1956
  • Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act-1992
  • Juvenile Justice (Care and Protection of Children) Act-2000
  • Medical Termination of Pregnancy Act-2006
  • Mines Act-1952
  • Prohibition of Child Marriage Act-2006
  • Parental Diagnostic Techniques (Regulation and Prevention of Misuse) Act- 1994
  • Young Person (Harmful Publication) Act-1956
     

Functions of the Commission

  • To inquire into the cases of violation and infringement of child rights and to recommend the authorities concerned to take action.
  • To inquire into and to review all the matters regarding protection of rights of security of children by or under any law and to take steps for effective implementation thereof.
  • To examine into 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 recommend appropriate remedial measures.
  • To inspect children home where juvenile offenders are lodged for treatment, counseling or protection and to undertake the matter for remedial measures with the concerned authorities.
  • Monitoring and inquiring under Rights of children to free and Compulsory Education Act-2009 and protection of children from sexual offences Act-2012
  • To initiate inquiry on receipt of complaints of violation of child rights and to take Suo Moto note and undertake the following:
    • Deprivation and violation of child rights
    • Non-implementation of laws providing for protection and development of children.
    • Non-compliance of policy decision, 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.
    • To examine the existing policies, program and other activities regarding safeguarding child rights and to make recommendation for effective implementation thereof in the interest of children.
    • 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.
    • To submit annually, periodical report to the state Government about the effectiveness of the work relating to safeguarding of Child Rights.
    • To conduct and get conducted special studies in the field of Child Rights.

 

Powers of the Commission

(1) While inquiring into any matter the Commission has all powers of a civil court trying a suit under code of civil procedure, 1908 and in particular in respect of the following matters :-

  • Summoning and enforcing the attendance of any person and examining him on oath
  • Discovery and production of any document
  • Receiving evidence on affidavits
  • Requisitioning any public record of copy thereof from any court or office; and 
  • Issuing commission for the examination of witnesses or documents.
(2) The commission shall have powers to send any case to a magistrate having 
  • Jurisdiction to try the same.
 

Action after inquiry

On Completion of inquiry conducted under this Act, the Commission may take any of the following steps, namely:-
 
Where the inquiry discloses, violation of Child rights of a serious nature or contravention of provisions of any law for the time being in force, the Commission may recommend to the concerned Government or authority for the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons.
Approach the Supreme Court or the High Court concerned for such directions, order or writs as that Court may deem necessary.
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.