The Superintendent of Police,
As you know very well that the Child Welfare Committee is also a court for the disposal of the cases of children below 18 years which is established by the Govt. of India under Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. And this is to inform you that all the members in this committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very well that, the committee has been equipped with the powers to facilitate the children in need of Care and Protection in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ Act 2000 r/w 2006.
But, it is very sorry to say that, unfortunately the officers of almost all the police stations in our Prakasam District are utterly neglecting the CWC which is allocated all the above powers by the Government of India through JJ Act 2000 r/w 2006. It is well defined under Sec 31 (2) of JJ Act that the CWC is the competent authority in the cases of Crime against Children. As per Sec 32 (1) (i) all the children who are in need of care and protection that comes under Sec 2 (d) (i) to (ix) of JJ Act 2000 r/w 2006 shall be produced before CWC by any police officer or SJPU or any designated police officer within 24 hrs after finding a case. But, no police officer (except one or two officers that is too in our ONGOLE town) is taking this JJ Act in to their consideration and completely neglecting the CWC. Recently, we have asked for the reason and got a response that their higher officials are instructing them not to respond CWC and said that it is not the competent authority which is very sad to know.
Recently, the CWC came to know that a 16 years old girl had been kidnapped, forcedly kept her in detention and committed rape against her. Immediately, the CWC had advised them to go to Taluk Police station of ONGOLE and give a complaint. They have been kept in waiting at police station since 11 p.m at night till 3 a.m again from next day morning to night 8 pm and then released free both victim girl as well as the woman trafficker who in fact kidnapped the girl. The CWC had issued proceedings dated 10th Jun 2013 to the concerned police station to inform the status of the case and the victim girl. But, the CWC had not received any report till now by concerned officers of the Police station moreover they are committing unnecessary comments (individual) against CWC members. The same thing has been repeated in case of Sobha who is 5 years old and is a begging girl child at I town police station of ONGOLE dated 22/04/2013.
The CWC can follow the procedures of summary or summons under Sec 54 of JJ Act as per the procedure laid down in the Code of Criminal Procedure 1973 (2 of 1974) or can recommend for necessary action for violation of JJ Act or can appeal to the Juvenile Justice Commission under the supervision of Hon’ble Justice Mrs Rohini in the High Court.
It is well know fact that, you are having a good reputation in strictly implementing law and order in the district and everybody appreciating you for your noble efforts for the same. The CWC too hope that the Juvenile Justice System will also be at an apex in the district as such young and energetic officer came to our district.
Hence, the Child Welfare Committee is hereby hope that, there will be an appropriate action from your side to issue instructions to all your police officers to respond to the CWC whenever they find any of the children cases in their concerned jurisdiction. It is further hope that, you will take necessary action on the cases of children who are in need of care and protection that comes under Sec 2 (d) (i) to (ix) of JJ Act shall inform to the CWC immediately by concerned station house officer.
The CWC is hereby wishing to look forward for your splendid initiative for creating a “child friendly police system” in our Prakasam district.
Thanking you sir,
Chairperson - CWC
The in-charge, SJPU, Prakasam dist
(Names changed to maintain anonymity)