Section 13 in Jammu and Kashmir State Commission for Protection of Women and Child Rights Act, 2018
13. Functions of the Commission.
(1)The Commission shall perform all or any of the following functions :-(a)investigate, examine and review all matters relating to the safeguards provided for women and children rights under the Constitution and any law for the time being in force for their protection and recommend measures for their effective implementation ;(b)present to the Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards ;(c)inquire into violation of women and child rights and made in such reports, recommendations for the effective implementation of those safeguards for improving the conditions of women and children by the State ;(d)review, from time to time, the existing provisions of the Constitution of Jammu and Kashmir and laws affecting women and child and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations ;(e)take up the cases of violation of the provisions of the Constitution and of other laws relating to women and child with the appropriate authorities ;(f)examine all factors that inhibit the enjoyment of rights of women and children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/ AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures ;(g)look into the matters relating to women and children in need of special care and protection including women and children in distress, marginalized and disadvantaged, women and children in conflict with law, women and children without family and women and children of prisoners and recommend appropriate remedial measures ;(h)study treaties and other international instruments and undertake periodical review of existing polices, programmes and other activities on women and child rights and make recommendations for their effective implementation in the best interest of women and children ;(i)undertake and promote research in the field of women and child rights ;(j)spread women and child rights literacy among various sections of the society and promote awareness of the safeguard available for protection of these rights through publications, the media, seminars and other available means ;(k)inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the Government or any other authority, including any institution run by a social organisation ; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary ;(l)inquire into complaints and take suo moto notice of matters relating to-(i)deprivation and violation of women and child rights ;(ii)non-implementation of laws enacted to provide protection to women and children and also achieve the objective of equality and development ; and(iii)non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to, and ensuring welfare and relief of the women and children or take up the issues arising out of such matter with appropriate authorities ; and(m)call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and children and identify the constraints so as to recommend strategies for their removal ;(n)undertake promotional and educational research so as to suggest ways of ensuring due representation of women and children in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity ;(o)participate and advise on the planning process of socio- economic development of women and children ;(p)evaluate the progress of the development of women under the State ;(q)inspect or cause to be inspected a jail, remand home, women's and children institution or other place of custody where women and children are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, if found necessary ;(r)fund litigation involving issues affecting a large body of women and children ;(s)make periodical reports to the Government on any matter pertaining to women and children and in particular various difficulties under which women and children toil ;(t)such other functions as it may consider necessary for the promotion of women and child rights ;(u)any other matter incidental to the above functions ;(v)such other functions as may prescribed ; and(w)any other matter which may be referred to it by the Government.(2)The Commission shall not inquire into any matter which is pending before any other Commission duly constituted under any law for the time being in force.(3)The Government shall cause all the reports referred to in clause (b) of sub-section (1) to be laid before each House of the State Legislature along with a memorandum explaining the action taken or proposed to be taken on the recommendation and the reasons for the non-acceptance, if any, of any of such recommendations.
