Sri Ramakrishna garu,
Chairperson – CWC,
We are very much thankful for calling me. We have established a HOTLINE Service for CWC members and social workers on child protection & anti-human trafficking issues for clarification of any of such doubts and for effective disposal of the cases through the group of experts. These clarifications will be not only in person but also published in the blog http://cwcinap.blogspot.in/ . We are here below mentioning clarifications for your queries as per best of our knowledge and experience so far in dealing with the cases of children who are in need of care and protection services.
1. Sexual abuse: A 13 years old minor girl belongs to Anantapur district has run away from her house and reached one of the places in CHITTORE district. She has been identified and produced before CWC of CHITTORE then CWC found that she is an orphan. One of her relatives has committed sexual abuse against the girl. It is found that, she is a pregnant of 4th month while examining the case by CWC. And hence she ran away from the home.
2. Trafficking case: A girl who is around 20 years old came from a poor family. She has been lured by the traffickers anyhow and has been entangled in prostitution. She has been rescued by the police and now is in the custody of court. There are not sound enough to engage a lawyer to release their girl. But, her parents are requesting to handover the victim girl and they would take care of her wellbeing properly hereafter. What are the steps to be taken to release the girl in this case?
* where a case is to be filed under POCSO Act 2012 either at Anantapur district or Chittore?
- * The home authorities are rejecting to join the girl in the shelter home. Then what can we do?
- * How to deal with the removal of pregnancy?
Clarifications for above queries:
· Under Sec 39 (1) of JJ Act, 2000 It is mandate that any of the children below 18 yrs must be joined in the shelter homes especially in the Govt run Shelter Homes either Juvenile homes or Bala sadan run by Dept of WD&CW without making any objection. Simultaneously, under Sec 39(3) of JJ Act, 2000 the CWC is having the powers as a competent authority to restore any child in need of care and protection to a fit institution not only to his/her parents or fit person or guardian as well.
· Being the bench of magistrates with the powers of first class Judicial magistrates the CWC is having powers under Sec 31 of JJ Act, 2000 to issue proceedings to local police to book a case against the perpetrators. It can also instruct further to suggest appropriate Acts and sections to be filed in FIR by keeping in view of the best interest of the child who is need of care and protection.
· The CWC is having powers to record the statement of the girl under Sec 164 Cr. PC (4) and it can further issue directions to the police to book a case under Sec 4 of POCSO Act, 2012 and under Sec 23 & 27 of JJ Act, 2000 too.
· The CWC shall instruct to local DPO (Dist Probation Officer under Dept of Juvenile Welfare) or the staff of DCPU or local NGO to identify the place of the victim girl, to conduct a social investigation and to submit a report to CWC with in a stipulated time which the CWC feels necessary for further proceedings for speedy disposal of the case.
· Under Sec 49(1) of JJ Act, 2000 the CWC shall write a letter to the Superintendent of local Govt hospital to check up the girl to determine/diagnose the sexual abuse against the girl, for determination of age and further to ask the opinion of concerned medical doctor to state his opinion whether to remove the pregnancy or to keep as it is based on the physical and mental condition of the girl as well as by keeping in view of the best interest of the child too. At this moment the opinion of the girl after counselling services will be taken in to consideration before making orders for further action.
Clarifications on 2nd query:
1. As per Sec 17 of ITP Act, magistrate takes decision for identification of real family members and safety of the girl for preventing from re-trafficking of the girl.
2. A petition to be filed in DLSA for appointing an advocate at free of cost so as to deal with the case and for submission of petition on behalf of parents.
3. Any NGO also can conduct Home Investigation and submit the report to court simultaneously, they can ensure follow up services after re-unifying with family to prevent from re-trafficking of the girl.
Pl see the Model formats for
- for Doctors medical certificate
- for case registration to the police
- for home to join the girl
(Names changed to maintain anonymity)