What's ailing NCPCR?

An insider account of the undermining of NCPCR's autonomy

gunjan

Gunjan Wadhwa | August 3, 2013



I recently attended a meeting at Pune University for a research study on the issue of adolescent girl children of first generation learners and their access to higher education. The study was being conducted by the women's studies centre there, the unique academic culture of which left me amazed. On meeting the adolescent girls who were a part of this study, I was confronted by a feeling that I myself had encountered on numerous occasions – tremendous anger against the system, yet immense hope and faith that things will change and somehow work in their favour, to aid the struggle for their rights.

Soon after, I happened to have an informal discussion with one of the professors regarding the publications of the centre, which, again, were quite unusual and, if I must add, exceptional. I was told that these publications belonged to a new generation of writers which was increasingly becoming aggressive due to its anger and despair, and the system would soon have to reconcile to its demands. Being in my twenties, I once again immediately understood what the professor meant. For almost six months now I had aggressively fought an unjust system at the very organization which was created to fight for the rights of others.

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 as a statutory body under the Commissions for Protection of Child Rights Act, 2005 (an Act of the Indian Parliament) to protect, promote and defend child rights in the country. Unfortunately, although it was mandated to be an autonomous body, it slowly became a subsidiary under the aegis of the ministry of women and child development (MWCD).

Remember the time when Prof. Dumbledore is removed as the Headmaster of Hogwarts and Dolores Umbridge is brought in as his replacement by the ministry of magic in the fifth Harry Potter book, and the riot and scandal it leads to? The NCPCR had a stalwart chairperson for two terms (2007-2013) but the MWCD doggedly undermined her powers and authority at every step. From interference in the appointment of its members, to seeking monthly reports, to (very recently) appointment of an untrained officer in the field of child rights as its member secretary, the MWCD has made a mockery of the “autonomous and statutory” status of this once esteemed commission. If a commission has to constantly answer to the government and wait for certain ministries of the central government to release its funds, will it then be able to justly monitor the implementation of Acts, schemes, policies, and programmes of the government?

ALSO READ: interview of Dhir Jhingran, former national coordinator of the RTE division of NCPCR: ‘Some elements in NCPCR are opposed to the RTE Act’

The workings of the NCPCR have been severely undermined due to the MWCD controlling its funds, appointing its officers, and constantly seeking reports. The agenda of protection and promotion of child rights took a backseat when the former chairperson demitted her office on May 17, 2013. Those who conformed in this new era, survived. Those in the new, young, and aggressive generation who decided to protest against this unjust system were sacked without notice, including the Grade IV employees whose rights this commission could not protect.

It is time now for the current government to reconcile to the demands of the young and take the children of this country and their rights seriously. The commissions have a huge role to play in India today. These bodies derive their legitimacy and authority from their independence and autonomy to fulfil the tasks entrusted by the Parliament of India. The NCPCR has been one such body which has been trying hard to advance the rights of children and make the systems of the government responsive, yet preserving its independence and autonomy. The least the Government can do is not to threaten the working of this commission which might result in the failure of the intent of a remarkable legislation. Also, to put in place systems instead to ensure that child-un-friendly officers are not appointed in the national commission meant for them.

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