Wednesday, 15 October 2014

compensation for rescued children from Child Labour

RC No. CWC/WG/1510/2014 Dated 15th Oct 2014


The Child Welfare Committee as per Section 29(5) of the Juvenile Justice (Care & Protection of Children) Act, 2000, amend 2006 is a statutory authority constituted by the Govt. of AP and functioning as a Bench of Magistrates with powers of Judicial Magistrates of the First class.  The Child Welfare Committee (hereinafter CWC) under the Act is the final authority to dispose of cases concerning children (not completed 18 years of age) in need of care and protection in terms of their development, care, treatment and rehabilitation. The CWC is also empowered to inquire into offences committed against children.

Whereas the CWC is came to know that, there are 3 children P Bhaskar, aged 14 years S Dasaradh, aged 13 years and J Mrugaraju, aged 14 years (as per labour department officials) who are working in your poultry form as child labours at Teegalavancha Village, Chintalapudi Mandal of West Godavari Dist have been rescued by labour department on 2nd Aug 2014. The department officials have produced rescued children before CWC. After examining the case details, the CWC has issued its proceedings to pay compensation for those children. It is come to know that, you have paid some amount which is supposed to pay to the children as wages for their working period. Under Sec. 26 of the Minimum Wages Act, 1948, claims compensation (not only back wages) which must be deposited by the employer in the name of the rescued minor child with the mother as guardian and the same invested in National Savings Certificate.

Article 32 of the UNCRC “Each and every child has the right to be protected from economic exploitation and from performing any work that is likely to be hazardous, to interfere with the child`s education, to be harmful to child`s health or to the child`s development,”
The statements of the child/employer/family of child and social worker have been received in person and in writing. It is explicitly evident that the vulnerable status of the child has been abused and exploited and you (employer) are punishable under Sec. 23 of the Juvenile Justice Act, 2000. Further you are denied the right of those children to education thus violating Sec. 21 A of the Constitution of India.

In this above context, the CWC is hereby issued order to pay a compensation of Rs 2 lakhs to each child for all the 3 rescued children within 20 days in presence of CWC. It is further instructing to submit the evidential documents for your payment to parents of said children i.e. photo copies of bank cheque or Demand Draft to the CWC in person. In case of any of the violation of these proceedings issued by the CWC you are liable to undergo legal action under JJ Act, 2000, Child Labour (Prohibition and Regulation) Act, 1986 and also under Min. Wages Act 1948 for violating the rights of the children.

Given under my hand with the seal of CWC dated this 18th day of April 2014.

chairperson / member
Child Welfare Committee
West Godavari District 

Cc: The Secretary, District Legal Services Authority, West Godavari Dist
       The Hon’ble District Judge, West Godavari Dist
       The Deputy Labour Commissioner, Eluru, West Godavari Dist

1 comment:

  1. To,
    Sir NVS Ramohan sir,
    Respected sir,

    We are dealing a case of child labour in poultry from at Chilntalapudi,West Godavari District. Three children are working in the form, they came from Araku, Visakhapattnaname district. They rescued by labour department. They are above 14 age group so ACL placed before us. We taken decision to rehabilitated the children in Govt Children home,Eluru. Then we ordered to DCPO for inquiry, she conducted that and submitted report to us. In the report we find out some important issues.The poultry owner given Rs.1,40,000 for purpose of compensation to parents. The owner having document with Rs.20/- Non Judicial stamp paper.All these settlement made by CPI leaders. So, we ordered to parent about the amount should deposit on the children names. But the CPM leaders are willing to pay the amount. In this regard the CPM leadres are given complaints to Joint collector,West Godavari district. The nature of complaint is the a NGO CWC is threatening the ST children in the HOME. Then Joint collector is called me and asked about the issue. I clearly explained to JC. After that JC called CPM leaders. In front of him I said there is no possibility to release the children from home without deposit amount. Then CPM leaders are agreed to pay Rs.30,000 on each children. After 15days they came to CWC and shout loudly on CWC members. They raised a point as the parents of children are tribes they are innocence. According to CPM leaders voice tribal parent are purchased oxes with compensation amount.. We are not believed the CMP leaders voice. We are thinking the actual amount not reached to children parents. So, we requesting to you to conduct HIR on the issue by Vizag Coordinator.In this regard please give instructions to him sir, After receiving the HIR we will take final decision.

    With Warm Regards

    Yours Child Rights activist of child in need of care&protection
    (Bench of Magistrates)
    Residence: Koyyalagudem
    West Godavari District,AP,INDIA
    Tel:+91 9347502657/+91 9492402657
    (Let us promote the Child Rights and Protect the Children)