KERALA STATE COMMISSION FOR
PROTECTION OF CHILD RIGHTS (KeSCPCR)
What is the jurisdiction of the KeSCPCR ?
The Kerala State Commission for Protection of Child Rights (KeSCPCR) is responsible for protecting the rights of all children who reside in the districts of Kerala.
How did KeSCPCR come into being?
The Kerala State Commission for Protection of Child Rights (KeSCPCR) was constituted under the provisions of The Commissions for Protection of Child Rights Act, 2005on3rdJune2013
What is the composition of the KeSCPCR ?
The KeSCPCR comprises a Chairperson and 6 members, of which at least 2 shall be women, from the following fields:
(i) Education;
(ii) Child health, care, welfare, or child development;
(iii) Juvenile justice or care of neglected or marginalized children or children with disabilities;
(iv) Elimination of child labour or child rennin distress;
(v) Child psychology or sociology; and
(vi) Laws relating to children.
Where is it based? How can one contact the Commission?
The Commission’s office is located at:
Kerala State Commission for Protection of Child Rights,
TC 14/2036, Vanross Junction, Kerala university P.O,
Thiruvananthapuram-695034
Phone No: 0471-2326603, 04, 05
Email ID: childrights.cpcr@kerala.gov.in
Website: www.kescpcr.kerala.gov.in
What are the functions of KeSCPCR ?
KeSCPCR has the following functions assigned to it:
i. 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;
ii. Present to the Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards;
iii. Inquire into violation of childrights and recommend initiation of proceedings in such cases.
iv. 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 recommend appropriate remedial measures;
v. 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;
vi. Study treaties and other international instruments and undertake periodical review of existing polices, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children;
vii. Undertake and promote research in the field of childrights;
viii. 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;
ix. 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 Government or any 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;
x. Inquire into complaints and take suomotu notice of matters relating to,-
a. Deprivation and violation of child rights;
b. Non-implementation of laws providing for protection and development ofchildren;
c. 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; and
xi. 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 legislation from a child rights perspective;
xii. Undertake formal investigation where concern has been expressed either by children themselves or by concerned person on their behalf;
xiii. Ensure that the work of the Commission is directly informed by the views of children in order to reflect their priorities and perspective.
xiv. Promote respect and serious consideration of the views of children in its work and in that of all Government Departments and Organizations dealing with a child.
xv. Produce and disseminate information about child rights.
xvi. Compile and analyze data on children.
xvii. Promote the incorporation of child rights into the school curriculum, teachers training and training of personnel dealing with children.
What are the powers of KeSCPCR regarding inquiries?
The Commission, while inquiring into any matter shall 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:
i. Summoning and enforcing the attendance of any person and examine him on oath;
ii. Discovery and production of any document;
iii. Receiving evidence on affidavits;
iv. Requisitioning any public record or copy thereof from any court or office;
What kind of grievances can be addressed by KeSCPCR?
KeSCPCR can look into any grievance / complaint relating to:
i. violation of Child Rights
ii. Non-implementation of laws providing for survival, protection, development and participation of children.
iii. Non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare of the children and to provide relief to such children.
iv. KeSCPCR is also the appellate authority under the RTEAct.
v. It monitors authority as per The Protection of Children from Sexual Offences Act, 2012.
vi. It is also have the monitoring authority of Juvenile Justice (care and Protection of Children) Act, 2015.
Can the complaint to KeSCPCR be sent in any language?
Complaints can be made in any language included in the Eighth Schedule of the Constitution. The Commission may ask for further information and affidavits to be filed in support of the complaint if considered necessary.
What kinds of complaints are not entertained by the Commission?
Ordinarily, complaints of the following nature are not entertained by the Commission–
(i) Illegible
(ii) Anonymous / pseudonymous
(iii) Matters sub-judice before a court/Tribunal.
(iv) Matters pending before another Central/State Commission.
(v) Matters which are trivial or frivolous or vague and do not make out any specific violation of child rights.
(vi) The issue raised relates to civil dispute, such as property rights, contractual obligation, labour or industrial dispute.
(vii) The issue raised relates to a service matter not involving child rights.
(viii) The matter is outside the purview of the Commission.
(ix) Any other reason / ground, which Commission considers justifiable in not entertaining the complaint.
Can KeSCPCR initiate criminal proceedings against Child Rights offenders?
The Commission has the powers to forward any case to a Magistrate having jurisdiction to try the same. The Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him u/s 346 Cr.P.C, 1973.
Who all can approach KeSCPCR about any violation of Child Rights?
KeSCPCR can be informed about any violation of Child Rights by aggrieved individuals, public spirited citizens, voluntary organizations, community based organisations, parents / guardians of a child deprived of his / her rights and by the child himself / herself.
Apart from above, the Commission is also empowered to take suomotu cognizance from reports in the Media where a clear case of violation of Child Rights is indicated.
Is there any fee to be paid in order to seek help from KeSCPCR?
There is no fee for seeking help from KeSCPCR.
Can KeSCPCR help children who are not permanent residents of Kerala, but have been victims of child rights violations in Kerala?
KeSCPCR can conduct an inquiry and take up the matter with concerned authorities if the matter pertains to child rights in Kerala. It can seek reports from other states and follow-up the case in the best interest of the child.
What are the different ways by which a complaint can be registered?
One can register a complaint by personally visiting KeSCPCR, by a letter sent through post or courier and through e-mail.
The complaint can be addressed to:
The Chairperson, Kerala State Commission for Protection of Child Rights,
T C 14/2036, Vanross Junction, Kerala University P.O,
Thiruvananthapuram- 695034
Complaints can be sent through email at childrights.cpcr@kerala.gov.in or /
How does the Commission inquire into complaints?
In cases which are taken cognizance of by the Commission on the basis of complaints received by it or even suomoto, the Commission writes to the concerned authority/ notice is issued / authorities to investigate / inquire into the matter and send report to the Commission within a stipulated time limit. If report / information is not received despite issue of Notice, the Commission may issue summons to the concerned authority to appear before it to explain the position along with relevant records / documents.
Can KeSCPCR help children whose rights have been violated in their current Special / observation homes / child care institutions / children homes?
The Commission can inspect any juvenile custodial home and residential institution run by the govt. and / or social organization to ensure proper care, treatment, reformation and rehabilitation of children and also to take up the matter with concerned authorities for remedial action if found necessary. It is also the objective of the Commission to promote respect and to develop a culture of giving serious consideration to children’s views in the activities of the govt. and organizations, besides promotion and incorporation of child rights in various fields of activity.
What steps are taken by KeSCPCR after conducting an inquiry into any matter relating to deprivation of childrights?
If the inquiry conducted by KeSCPCR discloses the 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 state government or concerned authority, the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons.
It can also approach the High Court for such directions, orders or writs as that court may deem necessary.It can recommend to the state government or authority for the grant of interim relief to the victim or to the members of his / her family as necessary.
What is the jurisdiction of the KeSCPCR vis-à-vis matters taken up by other Commissions?
The Commission does not inquire into any matter which is pending before the National Commission or any other State Commission.
What guidelines are followed by KeSCPCR while spending the funds it receives from the state government?
KeSCPCR follows the guidelines prescribed in the Kerala State Commission for Protection of Child Rights Rules, 2012. The Commission spends such sums of money as it thinks fit for performing its functions as per General Financial Rules. KeSCPCR maintains proper accounts and other relevant records and prepares an annual statement of accounts in the form prescribed by the state government. The Chairperson of the Commission has all powers relating to financial transactions of the Commission, except for those issues, which require prior approval of the state government.
Can any prosecution, law suit or any other legal proceedings lie against KeSCPCR, or any Members of the Commission?
No prosecution, law suit or any other legal proceedings lie against KeSCPCR, any of its Members or against any person acting under the directions of the Commission, in respect of anything done in good faith.
Who has the powers to make rules relating to the functioning of the KeSCPCR?
The Government of Kerala has the powers to make rules relating to the functioning of KeSCPCR.
What are the various laws KeSCPCR invokes to protect childrights?
Among other laws, KeSCPCR invokes the following laws as part of its mandate:-
(i) The Commissions for Protection of Child Rights Act,2005
(ii) The Juvenile Justice (care and protection of children)Act, 2015 (JJ)
(iii) Right of Children to Free and Compulsory Education Act, 2009(RTE)
(iv) The Protection of Children from Sexual Offences Act, 2012(POCSO)
(v) Bonded Labour System(Abolition)Act,1976
(vi) Child Labour (Prohibition and Regulation) Act, 2016
(vii) Contract Labour (RegulationandAbolition)Act,1970
(viii) Factories Act,1948
(ix) Immoral Traffic(Prevention)Act,1956
(x) Medical Termination of Pregnancy Act,1971
(xi) The Prohibition of Child Marriage Act, 2006
(xii) Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT ) ACT, 1994
Can KeSCPCR help children and / or family members in getting grant of interim relief through appropriate authorities, in cases of injury, death / casualty in accidents involving transport buses, manholes, sewers etc?
In such cases, the Commission can recommend to appropriate Government authorities the grant of interim relief to children and / or family members.
How and to whom do I report a crime committed against a child inKerala?
If you witness a crime being committed against a child and you require immediate police response, call 100 (24/7 toll free service) immediately and calmly explain the problem and state the location, being as descriptive as possible. You may also call 1098 Childline, which is 24×7 helpline number for children. You may also make a personal visit to your local police station to provide a written complaint.