CWC Proceedings: CWC/EG/_____/2014 Dated:_______
The Project Director,
District Women & Child Development Agency,
East Godavari District
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.
Whereas The Child Welfare Committee has received a complaint on 10th March 2014 from District Child Protection Unit (DCPU) regarding trading of a child by Smt. Vasamsetti Saraswathi, 26 years, w/o Prasad, Kothapeta, Karapa Village. In this regard, Mr. Ch. Abhishalm Counselor and Mr. K. Srinivasa Rao Social worker were appointed to enquire under Sec 33 of JJ Act 2000 amend 2006 and report to CWC. They reported that Smt. Vasamsetti Saraswathi married and was conceived six times. She could not deliver even a single child due to frequent abortions. Hence, she has adopted a child of her relative Mr. Illa Prasad & Mrs. Lova Kumari as they have 4 children and who could not bear for proper care and concern over all the children as per the finding of CWC through DPO. The same facts have been approved by the village sarpanch of Karapa. After holding enquiry and receiving report from DPO the CWC has thoroughly examined the case and issued its order to surrender the boy child to Sishugruha since the adoption process not commenced under the legal procedure as per existing legislations meant for.
Hence, the boy was surrendered to CWC and the same day the boy was referred to the Shisu Gruha, Kakinada for restoration under Sec 39(3) of the Juvenile Justice (Care and Protection) Act, 2000, amend 2006.
The application for urging to see the boy child in Sishugruha and few additional grounds was considered by this CWC Court and ordered dated 9th June 2014 to the Dist. Women & Child Development Agency to allow Mr. Vasamsetti Prasad & Smt. Vasamsetti Saraswathi resident of Karapa village to see the child twice in a month. But, Women & Child Welfare Agency is not honored the CWC order, it is against to the law and contempt of the court. The CWC will take necessary actions.
It is hereby strictly opined by CWC that, being the head of the department who has to make the departmental personnel to abide by the law and assist for its proper enforcement in the district, causing inconvenience to the statutory body of CWC which is nothing but a court in disposing the cases of children in need of care and protection services at the district level. Moreover, the department itself named as Women & Child Development Agency and how a child develops when the district level heads obstructing their effective rehabilitation and re-integration services by the authorities constituted by the state under the legislations which has to be honored by all of us under any circumstances.
In this context, the CWC is hereby seeking written explanation under Sec 31(2) of JJ Act, 2000 amend 2006 for below queries by the Project Director, Dist Women & Child Development Agency in terms of violation of proceedings issued by it.
· What are specific reasons for not allowing the above applicants to see the boy child in Sishugruha?
· Which Sections under which Act or Legislation supports your refusal to see the boy?
· What are your complications or technical hurdles in allowing them to see the boy?
· Is there any specific order by state authorities of Women Development and Child Welfare to refuse the issues instructed by CWCs in district? If so, please submit a copy.
· Is there any specific central legislation or Act or any state rules mentioned anywhere to reject CWC proceedings in such way? If so please submit a copy of the same to CWC.
The CWC is hereby seeking a written explanation for the above within a week period so as to proceed further under the legislatory grounds so as to make justice in the said case.
The CWC court is instructing to the entire child related agencies and other stakeholders in the District to do their best for strict implementation of Law and respect the same.
For the aforesaid order to be carried into execution according to law.
Given under my hand and the seal of Child Welfare Committee on 19th August 2014.
Cc: 1.The District Judge, KAKINADA, East Godavari District
2. The Secretary, District Legal Services Authority, East Godavari dist
3. The Regional Joint Director, Dept of WD&CW, ELURU
4. The Human Rights Commission, Govt of A.P
5. The Director, WD&CW, Govt of AP
6. The Commissioner, Dept of WD&CW, Govt of A.P