Section 31 of The Right of Children to Free and Compulsory Education Act, 2009
- (1)The National Commission for Protection of Child Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under that Act, also perform the following functions, namely:--
- (a)examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation;
- (b)inquire into complaints relating to child's right to free and compulsory education; and
- (c)take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act.
- (2)The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.
- (3)Where the State Commission for Protection of Child Rights has not been constituted in a State, the appropriate Government may, for the purpose of performing the functions specified in clauses (a) to (c) of sub-section (1), constitute such authority, in such manner and subject to such terms and conditions, as may be prescribed.
Summary
- The National and State Commissions for Protection of Child Rights are given the job of monitoring children's right to education.
- These child rights commissions must examine and review the safety measures provided under the law and suggest ways to make them work better.
- They are responsible for looking into complaints about children not getting free and compulsory schooling.
- If a State does not have its own Commission for Protection of Child Rights, the government can set up a special authority to do this monitoring work.
Practical examples
FAQ
1. Who is responsible for monitoring children's educational rights under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009?
Under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009, the National Commission for Protection of Child Rights and the State Commissions for Protection of Child Rights are responsible for monitoring these rights.
2. Can a complaint about a child being denied free education be filed under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009?
Yes, under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009, the commissions have the direct power to inquire into complaints relating to a child's right to free and compulsory education.
3. What happens if a state does not have a Child Rights Commission under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009?
Under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009, if a state has not set up a State Commission for Protection of Child Rights, the government may establish a separate, temporary authority to carry out these monitoring duties.
Test yourself
Q1.Which organizations are primary monitors of child rights under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009?
Q2.What action can the monitoring commissions take under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009 when they receive an education-related complaint?
Q3.What powers do the commissions have while inquiring into complaints under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009?
Q4.Under Section 31 of the Right of Children to Free and Compulsory Education Act, 2009, what can a state government do if it lacks a State Commission for Protection of Child Rights?