Model Final Order Format in the Case of Domestic labour & Girl child Abuse

Dear CWC members
Greetings
as per the request of some of our CWC members we here with sending the model final order for rescued domestic labour including workplace abuse/exploitation.
if you need further clarifications pl contact through this blogg
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 Model Final Order Format in the Case of Domestic labour & Girl child Abuse  

Child Welfare Committee, _______________ District

Date :

CWC Case No: CWC/

Petitioner ……………………………………

             Vs

Respondent: Mr ……………………………………………..………….. & Ms ………………………………………

FACTS OF THE CASE:

1.       Background of the Girl child: The Girl child,____________, is a bright and articulate _______year old. The Girl child’s mother is no more having died of cancer a year ago. The father Mr……………………………………. works as a barber and resides at ……………………….. The girl has an old sister, ……………………….., aged …………… years and an older brother, ……………………….. aged ………… years studying in a school at ……………………………. The girl was studying in class ………………………………………………….. School until ………….. when she was sent in employment.

2.       Girl child __________with employers, Mr …………………………………. And Ms. …………………………….: Mr.&Ms…………………………………………………………………………………..reside at …………………………………….. brought ______________ to Ongole on …………………………. to work at the residence of Mr ………………………….. and his wife Ms. …………………………………………. Other members in the family include ……………………………………… Mr. …………………………….. works with ……………………………….. while Ms. …………………………………………. Works with ……………………………… Minor _______ was not allowed to visit her family or go home …………………….. She was expected to do all domestic chores and look after the baby. In all, she worked for …………….. years …………. Months.

3.       Rescue of the Girl child by ……… child line/labour dept/DCPU/NGO/________ and Presentation before the CWC: in mid-______Month, ________ran away from the house of her employer after working for about 10 months. She took refuge in the house of a neighbor who called______child line/_________ and was rescued her on …………. and admitted her into their residential care facility. On ………………… she was presented before the CWC.

The minor girl seemed to have adjusted well to the routine at …………………………… On the childline/______/ social worker’s request, CWC handover the Girl child to the custody of ……………………. On dated ______for care and protection.

Inquiry by the Authority under the Juvenile Justice (Care & Protection of children), Act, 2000 amend 2006: The CWC inquired into the matter through DPO/DCPU/Childline/________

The employers Mr. ………………………………….& Ms. ………………………………….. are summoned before the CWC on …………………………….. and asked to give their statement. There is some conflict in the veracity of the statements made by the employers Mr ……………………… & Ms. ……………………………………….. to CWC about minor _______.

1.       Actual age of the Girl child : The age of the Girl child as assessed by medical practitioner Dr.……………………………… as around …………………………………….. years. The school transfer certificate states the age as ……………………. Mr…………………………….. have thus employed a minor for domestic work.

2.       Assessment of the Physical and Mental Development of the Girl child. At the time of rescue, …………………………….., the Girl child weighed ……………Kgs. and looked underfed. Since then, she has gained about …………….. kgs, in weight as of …………. . Though initially she appeared somewhat withdrawn and traumatized from the abuse experienced at her employers’ home, because of which she ran away, she has settled well into the child-friendly routine at …………… child line/NGO_________ facility and, in the company of other Girl children, has opened up and socializes well with peers and caretakers.

3.       Statement from the Girl child. The child’s day started at 6am. and ended at 10 pm., but she had to again wake up around 3am. as a relative of the employer used to return late from work and for whom she had to open the front door and later lock the gate. Her chores included helping in the kitchen, looking after the needs of a baby-including cleaning and feeding and keeping the bedding items clean. Her household chores included sweeping,

Swabbing and dusting five large rooms, carrying water from the outside tap to store in large vessels in the kitchen, washing the used dishes/plates, etc., bringing in the clothes put out to dry outside and folding them. Sometimes she was asked to take the baby for an outing to the nearby park. According to the Girl child’s statement, she used to be frequently abused, verbally and physically, by the employers and their older Girl child. They used to beat her with their hands, coat-hangers, or rolling-pin for any minor infringement. Further, she was literally starved and given only leftovers in the form of two meals a day during the 10 months she was employed.

4.       Statement of the father: The father Mr. ………………………….. has stated that he had placed his daughter in employment with Mr. ……………………………….. and Ms. …………………………………… and received an advance payment of Rs. …………………… at the time of placement 10 months earlier.

Issues for Consideration before the Authority:

Based on the inquiry made by the Child Welfare Committee, to ascertain the facts of the case and to determine the veracity of the statements made by the employers Mr. …………………………….. and Ms……………………………….. the following issues arise for consideration before the Authority:

Mr. ……………………………………. and Ms. ………………………………….. have violated the following provisions of these Acts:

The Juvenile Justice (Care & Protection of Girl children) Act, 2000 amend 2006. They are guilty of Section 23 of the Act as they have subjected the Girl child to severe physical and mental abuse and cruelty. Section 26 of the JJA 2000/2006 is also applicable as the Girl child has been procured for employment and has not been paid any wages.

Indian Penal Code:  They have also physically abused the Girl child several times. They are liable under Section 324 of the Indian Penal Code, 1860, for willfully causing grievous hurt.

Child Labour (Prohibition and Regulation) Act, 1986, : They have the violated the provisions of this Act as the notification of 10^th October 2006 categorises domestic work as hazardous work.

Order:

The CWC has, based on the facts of the case, conducted and inquiry and after giving an opportunity as per natural justice to the respondents to be heard as well as reviewing the material evidence produced before them, have passed the following orders:

1.       That the Girl child_____________ being only …… years of age, Mr………………………. and Ms……………………… have employed a minor as domestic help.

2.       Mr. …………………………… and Ms. ……………………………… are educated individuals and have willfully abused and exploited the Girl child. They have intentionally caused mental and physical suffering and cruelty to the Girl child. They have beaten her and caused her much trauma because of which she ran away from their home. She had not been given adequate food to eat.

3.       That Mr. …………………………………. And Ms…………………………… have, by paying a small sum of Rs.4000 to the father, literally used___________ as a full time “save” in their home to not only do all the household chores but also care for their home to not only do all the household chores but also care for their baby. They have thus exploited the services of a minor and have not paid her any wages.

4.       …………………………… childline/NGO________ facility is directed to file an FIR under Section 23 of the JJ (C&PC) A, 2000/2006 and relevant provisions of the IPC at the police station under whose jurisdiction the offence has been committed in order to investigate the matter further and bring to trail the abuse of______________ by the employers.

5.       That Mr. ……………………………… and Ms ……………………….. are liable to pay an amount of Rs…………… as back-wages for 8 hours of work and another 8 hours of overtime work each day for a period 10 months, as back wages to the child under the Minimum Wages Act 1948.

JUDGEMENT:

1.       For the purpose of clarity the Authority would like to state that Mr. ………………………. And Ms………………….. have violated Article 21 of the Constitution guaranteeing life and liberty to each person by  confining____________ in their home and compelling her to do household work and abusing her physically and mentally. They have violated article 39(e) and (f) of the Constitution of India by exploiting the tender age of the Girl child and prevented her development in a healthy manner and abused her Girl childhood. They are also guilty of violating the Girl child’s fundamental right to education as guaranteed under Article 21 A of the Constitution of India.

2.       India is a signatory to the United Nations Convention on the Rights of the child 1989 and the same has been invoked in the preamble of the Juvenile Justice (Care & Protection of Girl children) Act, 2000/2006. Articles 19, 28, 31, 32 & 36 of UN CRC and the principle of the ‘best interests of the Girl child’ (Art.3) have been severely breached in this case.

The Girl child Welfare Committee is absolutely shocked at the cruelty and insensitivity displayed by Mr……………………………… and Ms………………………………. It is also extremely worrying that both are educated individuals hailing from middle class families, yet they chose to exploit and abuse a minor girl for their own selfish interests.

It is expected that ………………………………. and …………………………….. employers of Mr…………………….. and Ms. …………………………… respectively impose severe punitive and penal action against the both of them.

Chairperson          Member                 Member              Member                  Member