The framework

  • The framework is for private unaided schools – which are 23% of the total schools in India and cater to 36% of the total population of children attending school.
  • The framework is a model document that may be recommended to states where the fee regulation mechanism does not work effectively.
  • According to the draft regulations, if a school violates the norms provided in the uniform fee framework, the respective government can bar the school from taking new admissions for the next academic year or impose fine equivalent to 10% of the total revenue generated by the school or society or trust in the preceding year.

Recommendations

  • A 10% yearly cap on fee hike in private, unaided schools.
  • Set up a district fee regulatory authority in states to monitor school fee increases.

About NCPCR

  • The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005.
  • It works under the administrative control of the Ministry of Women & Child Development.
  • The 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.

The mandate of NCPCR

The Commission’s Mandate is to ensure that all the Policies, Programmes, Administrative Mechanisms, and Laws are in conformity with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.

  • The NCPCR visualizes a rights-based perspective flowing into National Policies and Programmes, along with nuanced responses at the State, District, and Block levels, taking care of specificity and strengths of each region.
  • To ensure that no child is left out, it seeks a deeper penetration to households, communities. It also expects that the ground experiences gathered at the field are taken into consideration by the higher level authorities.
  • Therefore, the Commission sees an indispensable role for the State, sound institution-building processes, respect for decentralization at the local bodies and community level and larger societal concern for children and their well-being.

The National Commission for Protection of Child Rights (NCPCR) emphasizes the principle of universality and inviolability of child rights and recognizes the tone of urgency in all the child-related policies of the country. For the Commission, protection of all children in the 0 to 18 years age group is of equal importance.

The composition of the Commission

  • 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 Central Government can remove the Chairperson from his office on the ground of proved misbehaviour or incapacity.
  • The Chairperson of NCPCR should be a person of eminence who has done outstanding work on promoting the child rights.

The functions of the Commission

  • It examines and reviews the safeguards provided by the laws for protection of child rights and recommends measures for the same to government. It can submit a report annually or as it deems fit, for recommendation of these measures.
  • It can insure into the violation of child rights and recommend initiation of proceedings in these cases. While inquiring into any such matter, the NCPCR has powers of a civil court trying a suit and in particular in respect of the following matters:
    • summoning and enforcing the attendance of any person and examining him on oath
    • requiring the discovery and production of any document
    • receiving evidence on affidavits
    • requisitioning any public record from any court or office and
    • Issuing summons for the examination of witnesses or documents.
    • However, National Commission is prohibited from inquiring into any matter which is pending before a State Commission for Protection of Child Rights or any other Statutory Commission.
  • To study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation.
  • To undertake and promote research in the field of child rights.
  • To spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights.
  • To inspect any juvenile custodial home or any other place of residence or institution (under the control of the Central 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
  • To inquire into complaints and take suomoto notice of matters relating to:
    • Deprivation and violation of child rights
    • Non-implementation of laws providing for protection and development of children and
    • Non-compliance of policy decisions or instructions aimed at mitigating hardships and ensuring welfare and providing relief to children.
    • To perform such other functions as it may consider necessary for the promotion of child rights.

Functions Assigned under RTE, 2009

  • To examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation.
  • To inquire into complaints relating to the child’s right to free and compulsory education; and
  • To take necessary steps after completion of an inquiry.

Functions Assigned under POCSO Act, 2012

  • To monitor the implementation of the provisions of the POCSO Act
  • To monitor the designation of Special Courts by state governments;
  • To monitor the appointment of Public Prosecutors by state governments;
  • To monitor the formulation of the guidelines described in the Act by the state governments etc.

Working of the Commission

  • The Commission may take any of the following steps upon the completion of an inquiry:
  • It may recommend to the concerned government or authority the initiation of proceedings for prosecution or such other suitable action against the concerned person.
  • It may approach the Supreme Court or the High Court concerned for the necessary directions, orders or writs.
  • It may recommend to the concerned government or authority for the grant of necessary interim relief to the victim.
  • The Commission submits its annual or special reports to the Central Government and to the state government concerned.
  • These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the Commission and the reasons for non-acceptance of any of such recommendations within one year.