The Union Government shall constitute a National Commission for Protection of Child Rights while every State Government must constitute a a State Commission for Protection of Child Rights. Both the commissions processes the powers of a Civil Court trying a suit under the Code of Civil Procedure. 

 

While the role and responsibilities of both commissions are the same, the National Commissions reports to the Union Government while the State Commissions are answerable to the State Government. The Commissions for Protection of Child Rights Act, 2005 does not give much clarity on distribution of powers and jurisdiction of the commissions but it is understood that the State Commissions can inquire into matters only within the jurisdiction of their respective State while with the National Commission, jurisdiction extends across all Indian States. However, the National Commission is not eligible to inquire into cases that are under review by a State Commission.

 

The role and responsibility of the both the Commissions include: 

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1. Examine and review the safeguards provided by or or under any laws for the protection of child rights and recommend            measures for their effective implementation. 

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2. Inquire into complaints registered with them or take suo moto notice of matters relating to: 

• deprivation and violation of child rights

• non-implementation of laws providing for protection and development of children or take up issues arrising out of such matters with appropriate authorities​

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3. Examine factors that may interfere with the enjoyment of rights of children and recommend remedial measures.

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4. Look into matters relating to children in need of special care and protection including children in distress, marginalised           and disadvantaged children, children in conflict with law, juveniles, children without families and children of prisoners. 

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5. Undertake and promoite research in the field of child rights. 

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6. Spread child rights literacy amongst various sections of society and promote awareness of the safeguards available for              protection of these rights. 

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7. Inspect and if necessary take action against any custodial home or any other place of residence meant for children under          State custody. 

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A parents, guardian or a public spirited citizen may approach the Commission on behalf of a aggrieved child or a group of children in case of a child rights violation. For example, parents may approach the commission if their children below 14 years have been expelled from school or the school fails to provide the minimum standards of education under the RTE Act. In such cases a written complaint must be filed with the State Education Department/District Education Authority who will, after addressing it with the concerned school,  approach the Commission for further action. Similarly, if a public-spirited citizen witnesses a child rights violation in a school, children's home or children's facility, he/she can approach the commission to take immediate cognisance of it.