as per your request we herewith attached the information for your ready reference
RC No CWC/CTO/1803/2015 Dated 18th Mar 2015
The Station House Officer,
________________ Police station,
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 Act 2000 r/w 2006.
The CWC is appreciating your sincere efforts in rescuing the victim children of child marriages and producing before CWC for further rehabilitation services including counseling, basic needs, skill trainings, education and safe shelter. It is well-known to you being the authority of a Law Enforcement Agency of the state that, the child marriage is illegitimate and it is a crime. The offenders could be punishable under The Prohibition of Child Marriage Act, 2006. It is hereby bring to your reference that, the perpetrators could be punishable under other legislations for protection of children such as Juvenile Justice (Care & Protection of Children) Act, 2000 amend 2006 and POCSO Act, 2012 and a criminal case can be booked under these Acts.
In this context, the CWC is hereby seeking your explanation for below mentioned queries:
1. Under which sections of The Prohibition of Child Marriage Act, 2006 you have booked the case?
2. As per the CMP Act, 2006 cases can be booked against the bridegroom, priest who performed the marriage, the owner of the premises/marriage function hall where the marriage has been performed also on the guests who attended the marriage.
3. Sex with children below 18 years with or without consent is an offence and also treated as a sexual abuse even under IPC as you know very well. The cases can be registered under JJ Act, 2000 r/w 2006 as well as POCSO Act, 2012 too. At this moment, how many cases you have booked against the bridegrooms who committed sexual abuse against victims girls of child marriage?
It is absolute violations of child rights under Sec 23, 27 & 28 of Juvenile Justice (Care and Protection of Children) Act, 2000, amend 2006.
Moreover, the offenders are severely punishable under Sec 3 and 4 of POCSO Act 2012. Under Rule 4 (2) of POCSO Act, 2012 a designated police officer shall immediately file a case and start investigation of a complaint received on a case of sexual abuse against a child below 18 yrs of age. Even if the police officer came to know such information in any manner about a sexual abuse/assault against a child, the designated police officer shall visit the victim child’s house, record child’s statement and book a case under appropriate sections of POCSO Act, 2012.
Have you been followed such procedure in all those child marriage cases so far?
Hence, the CWC is hereby directed you to submit the FIR copy and also with written explanation for above queries by CWC in person within a week. In case of any failure for execution of issued directions, the CWC is empowered to proceed under Sec 54 of JJ Act, 2000 r/w 2006 that expresses 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.
Given under my hand with the seal of CWC dated this 18th Mar 2015.
Cc: To The Inspector of Police, SJPU – Tirupathi & CHITTORE
To The Superintendent of Police, Tirupathi & CHITTORE
To Hon’ble Justice Sri Ramesh Ranganathan, Convener- High Power Committee Juvenile Justice, High Court of Andhra Pradesh
To The Hon’ble District Judge, CHITTORE Dist.
To the Hon’ble Secretary, DLSA, CHITTORE Dist