Friday, 14 November 2014

response to the Dist legal services authority WGodavari dist on Child labour


RC.  No. CWC/WG………….
The  Secretary
District Legal Services Authority
West Godawari 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.

In the context of a case with regard to the children rescued by labor department from a poultry at ______________ village and produced before CWC in which the children have been referred to  ________ home for care and protection services.   The CWC has issued proceedings to conduct social investigation to find out the realities of the case.  The employers stated that they have given compensation and old dues to the family of rescued children and submitted simply a notary paper and submitted VRO report. But the CWC asking to submit proper evidential document such as cheque or DD or any other way. Because, it is not possible to pay in the form of cash (Rs.1,40,000/-) in these transactions. Moreover, compensation should always define by competent authority and to be paid in the form which is recommended by its order. Without any order by any competent authority how the employer paid compensation. Especially for compensations. But they are failed to submit the same. In this connection the employer accepted his offence and agreed that he has paid compensation and hence we have asked labour department with regard to the actions taken against employer under which sections of which act. In this case now the proceedings are in progress. In this case the employer and CPM leaders insisting the CWC to release the children but not their parents.  It is come to know from primary enquiry report the parents are in vulunerble condition so that they will again send the children to work if they are released from the home.  hence the CWC is hereby decided that the children should keep in home and provide constant counseling and other required services till disposal of the case under section 31of JJ Act 2000.  In case of any necessity with regards to the proceedings of CWC, then appeal can be filled in the session’s court in the district as per the Section 52 (3) of JJ Act 2000.

The CWC is hereby strongly feel that there is a need of sensitization to all relevant district level authorities on JJ Act 2000. Because, the CWC is hereby come to know that, there is lot of misconceptions with regard to the powers and functions of CWC among the different district level head of the departments. And hence, the CWC is pleased to clarify these doubts with regard to the powers and functions of a Child Welfare Committee which is the court to deal the cases of all children who are in need of care and protection services in the district. In accordance with Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006 the CWC can deal with the case of every child who is in need of care and protection and it can take any of the necessary steps and decisions such as surprise visits, inquiries under Sec 33 of JJ Act, 2000 amend 2006 or issuing directions to police to book cases and so on by keeping in view of “in the best interest of the child” which is the fundamental principle of the said Act.

Sec 31 of JJ(C&P of Children) Act, 2000, amend 2006 is clearly defines the Powers of Committee as - (1) 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.  (2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection.

Because, the CWC is having the powers Under Sec 54 of JJ Act 2000 amend 2006 the CWC is having powers for 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).

Given under my hand with the seal of CWC dated this 14th Nov 2014

Encl: the details of the rescued children asked by you through your letter no:__________

Cc: To The District Judge & Chairman of DLSA, East Godavari District,
      To The Chairman, State Legal Services Authority, Hyderabad
     To  Hon’ble Justice Ramesh Ranganathan garu,  Judge &  convener JJ Committee, High Court of Hyderabad & AP


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