The Inspector of Police,
Special Juvenile Police Unit,
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 (Care and Protection of Children) Act 2000 r/w 2006.
This is in reference to the proceedings issued by the CWC with Ref No.____________________________ for serving summons in the case of violence against a child ____________ aged___, belongs to ____________________________ of Khammam Dist.
It is came to know that, the SJPU is challenging in this above cited reference, the Child Welfare Committee is not empowered with the powers either to issue summons or issue directions to police for serving summons to the perpetrators of offence against children in need of care and protection. It is further suggested to the court of children i.e. CWC that, it is to approach Juvenile Justice Board which is also constituted under the same Juvenile Justice (Care and Protection of Children) Act, 2000.
But, under Rule No 84(5) of JJ Rules, 2007 the SJPU shall act as a watch dog for providing legal protection against all kinds of abuse, exploitation and any other violence against children. Under Sec 29(5) of JJ Act, 2000 amend 2006 The Child Welfare Committee shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the First Class. The CWC is hereby strongly believed that, the SJPU being the agency meant for law enforcement shall know its mother Act under which it has been constituted by the honorable State. As you know very well that, the SJPU has been constituted under Sec 63 of JJ Act, 2000 amend 2006 under which the CWC for children in need of care and protection as well as JJB for Juvenile in conflict with Law have been constituted by the state.
Under Sec 54 of JJ Act, 2000 amend 2006 which is legislated that the Procedure in inquiries, appeals and revision proceedings. - (1) Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trials in summons cases. (2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 1973(2 of 1974).
Under Sec 31 (1) of JJ Act, 2000 amend 2006; The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights.
Hence, the Child Welfare Committee is hereby exercising its constitutional powers under Sec 31 of JJ Act, 2000 and is hereby directed you to present before CWC within a week with a written explanation for violation of JJ Act, 2000 amend 2006 and submit a comprehensive justification of your statement that, under which Sec of which Act the CWC is not empowered to exercise its powers.
Given under my hand with the seal of CWC dated this 03rd day of Jun 2014
Cc: To the Addl. SP of Police, KHAMMAM
To the Superintendent of Police, KHAMMAM
To the Honorable District Judge, District Court, KHAMMAM for kind information
To the Juvenile Justice Committee, High Court of Judicature at Hyderabad.
(Names changed to maintain anonymity)