National Commission for Protection of Child Rights (NCPCR) is organizing a one-day National Level Review-cum-Consultation on grievance redressed mechanisms developed in States and Union Territories under Section 32 of the RTE Act, 2009

National Commission for Protection of Child Rights (NCPCR) is organizing a one-day National Level Review-cum-Consultation on grievance redressed mechanisms developed in States and Union Territories under Section 32 of the RTE Act, 2009

Section 32 of RTE Act, 2009 provides for Redressal of Grievances relating to Right of a Child by the Local Authority within a period of three months, and appeal against the decision of the local authority before the Delhi Commission for Protection of Child Rights (DCPCR).

Grievances may relate violation of any of the provisions under the RTE Act and may be against any public officer, public servant, private institution, private person, or any other agency responsible directly or indirectly for the effective implementation of provisions of the RTE Act.

  • Under Section 32 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, “States” and “Union Territories” refer to the administrative divisions of India that are responsible for implementing the provisions of the Act
  • This section mandates that the responsibility for ensuring the provision of free and compulsory education to children and for managing educational institutions lies with both State Governments and Union Territory Administrations.

National Commission for Protection of Child Rights (NCPCR) is organizing a one-day National Level Review-cum-Consultation on grievance redressal mechanisms developed in States and Union Territories under Section 32 of the RTE Act, 2009. This is first of its kind Review-cum-Consultation being organized by the Commission at the National Level.

The aim for organizing this national Level Review-cum-Consultation on grievance redressed mechanisms-

  • To assess how effectively the grievance redressed mechanisms are working across different States and UTs.
  • To discuss and recommend improvements to the grievance redressal processes to ensure they are more efficient and effective in addressing issues related to children’s rights and education.
  • To enhance the mechanisms that protect children’s rights, ensuring timely and fair resolution of grievances.
  • This review and consultation reflect a commitment to improving the framework for addressing grievances related to children’s education and rights, aiming for a more robust and responsive system.

Key highlights

  • Chairperson of the National Commission for Protection of Child Rights (NCPCR), began the Consultation by emphasizing the importance of establishing a strong mechanism in every State to address violations of children’s right to education.’
  • He highlighted the need for a ‘Children’s Charter’ to ensure timely resolution of complaints and the protection of children’s rights as established by law.
  • There should be a stipulated time in which the complaints should be addressed. The time to be taken to resolve a complaint should be interpreted according to the nature of the complaint.
  • The appropriate authority for addressing complaints should be determined based on their nature. Schools need to be informed about the local and appellate authorities designated under the RTE Act, 2009. States/UTs should utilize digital technology to set up effective grievance redressed mechanisms.
  • He highlighted the 73rd Amendment Act, the 11th and 12th Schedules of the Constitution, and Sections 6 and 9 of the RTE Act, which assign responsibility for children’s education to Panchayats and local authorities. 
  • He emphasized that the School Development Plan should be tailored to address the needs of children and the nature of their complaints.
  • He requested the SCPCRs and Education Departments to conduct regular inspections which will also help in highlighting the issues those children face and will increase the grievances.

Key challenges related to grievance redressed mechanisms under Section 32 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009:

  • The effectiveness of grievance redressal mechanisms varies widely across States and Union Territories, with some regions having robust systems and others lacking adequate infrastructure or resources.
  • There are concerns about the inefficiency of grievance redressal systems, including delays in addressing and resolving complaints. This can undermine the effectiveness of the mechanisms and affect stakeholder confidence.
  • Many parents, students, and educators may not be fully aware of the grievance redressal mechanisms available to them. This lack of awareness can lead to underutilization of these systems and unresolved issues.
  • Some States and UTs may experience resource constraints, including insufficient staffing, training, and financial support, which can impact the overall functioning and effectiveness of grievance redressal mechanisms.
  • There is often a lack of consistency in the quality of grievance redressal processes between different regions, leading to unequal handling of complaints and varied outcomes.
  • Issues related to transparency and accountability within the grievance redressal process can erode trust and hinder the fair resolution of complaints.

National Commission for Protection of Child Rights

The National Commission for Protection of Child Rights (NCPCR) was established by the Government of India under the Commission for Protection of Child Rights (CPCR) Act, 2005, with the mandate to safeguard and advance child rights.

The Commission is further mandated to monitor the proper and effective implementation of

  • Protection of Children from Sexual Offences (POCSO) Act, 2012,
  • Juvenile Justice (Care and Protection of Children) Act, 2015,
  • Right to Free and Compulsory Education (RTE) Act, 2009.

Conclusion,

National Level Review-cum-Consultation organized by the National Commission for Protection of Child Rights provided valuable insights into the effectiveness of grievance redressal mechanisms under Section 32 of the RTE Act, 2009. The event highlighted both the progress made and the challenges faced in implementing these mechanisms developed by States and Union Territories, emphasizing the need for continuous improvement and collaboration to ensure that the rights and grievances of children in the education system are effectively addressed.

Published: December 10, 2024
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