Issue over selection of chairperson of NCPCR
The Commission for protection of Child right act (CPCR) 2005
Several rights (Such as right to education, Right to against exploitation etc.) have guaranteed to the children in our constitution. For Realization, protection and promotion and effectively implementation, The CPCR act 2005 was introduced in India.
The CPCR provides for establishment of NCPCR (Centre) and SCPCR (State Level)
The chairperson of the NCPCR should be person of eminence who has done outstanding work for promoting welfare of children.
The NCPCR and SCPCR should be independent. (Here I am posting provision of the act that relevant to the issue only means not exhaustive)
National Commission for protection of child right (NCPCR)
It is the statutory body under the ministry for women and child development 2007.
Objective:
• To promote, Protect and defend the right of children entitled in our constitution
• To monitor, Review periodically various existing policies, programme and law, Make recommendation for effective implementation in best interest of child
The Paris Principle
It is a set of internationally accepted minimum standards for establishment of national human rights institution (NHRI) in 1991. They were adopted by the united nation Human right commission by resolution.
Objectives:
The state should aim to comply prescribed minimum standard of the Paris principle while establishing NHRI.
It should be functionally and financially independent
It should not be controlled by govt.
The institution should have broad mandate
Its composition should be pluralistic and reflect the various entities involved in the protection and promotion of human rights.
The executive should not solely determine the composition of the Commission
What is Issue?
Recently the ministry of woman and child development has appointed Kushal Singh as chairperson of NCPCR. She is retired Bureaucrat and has not met prescribe qualification as per CPCR act.
Her appointment to the Commission is in blatant disregard of the qualifications stated in the Commissions for Protection of Child Rights Act, 2005 (CPCR Act) which requires that the Chairperson be a person of eminence who has done outstanding work for promoting the welfare of children.
The Ministry has undermined the independence of a statutory institution that is vested with the responsibility of monitoring the protection and promotion of child rights in India.
The govt. has broken promise that made during case between Association for Development v. Union of India
Association for Development v. Union of India
a writ petition challenging the appointments of two members of the NCPCR
Delhi High Court: Provided certain guideline for future appointment
Recommended a broad base selection committee which could include independent experts like chairperson of UPSC, Leader of opposition
The Govt. Of India: The Govt. had assured the court that its recommendation would be followed
At least one Member of the Selection Committee shall be an independent expert of eminence in the field of child rights or welfare
The Govt. would publish the notification pertaining detail about members of the Selection Committee and the candidates would be put up on the website of the Ministry.
The Ministry appears to have gone back on its word as no prior information about the Selection Committee or Ms. Singh is available on its website. The appointment of NCPCR Chairperson also fails to meet the international standards pertaining to national human rights institutions (NHRI) that contain stipulations on composition and appointment processes.
The provision in the CPCR Act on appointments is glaringly opposed to these standards. It equips the Central government with an absolute authority to determine the composition of the NCPCR.
Unlike the Chairperson and Members of the National Human Rights Commission (NHRC), who must be appointed based on the recommendations of a high-powered Selection Committee comprising the Prime Minister, Lok Sabha Speaker, Minister in-charge of the Ministry of Home Affairs, Leader of the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, and Deputy Chairman of Rajya Sabha,
The composition of the NCPCR is entirely at the whims and fancy of the government.
Suggestion
There are number of statutory bodies in India under the control of the govt. like CAG (not have high powered selection committee despite being constitutional body), National Commission of women, CBI etc. which would lead to clip the wing of their independency and autonomy. These statutory or constitutional bodies have failed to meet or realize the objectives of their establishment. There is urgent need to make them strong and independent watchdog. It can only be possible through reform the selection procedure for appointment of chairperson of such bodies and bring more transparency and objectivity.
Dipak Patel
The Commission for protection of Child right act (CPCR) 2005
Several rights (Such as right to education, Right to against exploitation etc.) have guaranteed to the children in our constitution. For Realization, protection and promotion and effectively implementation, The CPCR act 2005 was introduced in India.
The CPCR provides for establishment of NCPCR (Centre) and SCPCR (State Level)
The chairperson of the NCPCR should be person of eminence who has done outstanding work for promoting welfare of children.
The NCPCR and SCPCR should be independent. (Here I am posting provision of the act that relevant to the issue only means not exhaustive)
National Commission for protection of child right (NCPCR)
It is the statutory body under the ministry for women and child development 2007.
Objective:
• To promote, Protect and defend the right of children entitled in our constitution
• To monitor, Review periodically various existing policies, programme and law, Make recommendation for effective implementation in best interest of child
The Paris Principle
It is a set of internationally accepted minimum standards for establishment of national human rights institution (NHRI) in 1991. They were adopted by the united nation Human right commission by resolution.
Objectives:
The state should aim to comply prescribed minimum standard of the Paris principle while establishing NHRI.
It should be functionally and financially independent
It should not be controlled by govt.
The institution should have broad mandate
Its composition should be pluralistic and reflect the various entities involved in the protection and promotion of human rights.
The executive should not solely determine the composition of the Commission
What is Issue?
Recently the ministry of woman and child development has appointed Kushal Singh as chairperson of NCPCR. She is retired Bureaucrat and has not met prescribe qualification as per CPCR act.
Her appointment to the Commission is in blatant disregard of the qualifications stated in the Commissions for Protection of Child Rights Act, 2005 (CPCR Act) which requires that the Chairperson be a person of eminence who has done outstanding work for promoting the welfare of children.
The Ministry has undermined the independence of a statutory institution that is vested with the responsibility of monitoring the protection and promotion of child rights in India.
The govt. has broken promise that made during case between Association for Development v. Union of India
Association for Development v. Union of India
a writ petition challenging the appointments of two members of the NCPCR
Delhi High Court: Provided certain guideline for future appointment
Recommended a broad base selection committee which could include independent experts like chairperson of UPSC, Leader of opposition
The Govt. Of India: The Govt. had assured the court that its recommendation would be followed
At least one Member of the Selection Committee shall be an independent expert of eminence in the field of child rights or welfare
The Govt. would publish the notification pertaining detail about members of the Selection Committee and the candidates would be put up on the website of the Ministry.
The Ministry appears to have gone back on its word as no prior information about the Selection Committee or Ms. Singh is available on its website. The appointment of NCPCR Chairperson also fails to meet the international standards pertaining to national human rights institutions (NHRI) that contain stipulations on composition and appointment processes.
The provision in the CPCR Act on appointments is glaringly opposed to these standards. It equips the Central government with an absolute authority to determine the composition of the NCPCR.
Unlike the Chairperson and Members of the National Human Rights Commission (NHRC), who must be appointed based on the recommendations of a high-powered Selection Committee comprising the Prime Minister, Lok Sabha Speaker, Minister in-charge of the Ministry of Home Affairs, Leader of the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, and Deputy Chairman of Rajya Sabha,
The composition of the NCPCR is entirely at the whims and fancy of the government.
Suggestion
There are number of statutory bodies in India under the control of the govt. like CAG (not have high powered selection committee despite being constitutional body), National Commission of women, CBI etc. which would lead to clip the wing of their independency and autonomy. These statutory or constitutional bodies have failed to meet or realize the objectives of their establishment. There is urgent need to make them strong and independent watchdog. It can only be possible through reform the selection procedure for appointment of chairperson of such bodies and bring more transparency and objectivity.
Dipak Patel
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