question from CWC Krishna on PD-DW&CDA

---------- Forwarded message ----------
From: KRISHNA CWC <cwc.kri@gmail.com>
Date: Fri, Mar 27, 2015 at 9:58 PM
Subject: Letters from P D
To: Ram Mohan <helpap@gmail.com>

Dear Sir

Good Evening

Sir as instructed by CWC members I am sending the copies of Letters sent by the P D , WD&CDA, Krishna and also a brief report on the efforts made by CWC, CHILDLINE & Navajeevan to you in attachment. Child was not placed in any Govt. home rather she  was shifted to another NGO for D V Victims at 9:30 PM.

Sir Mr. Nagesh does not want the word "SUMMONS" to be used for Govt. Officials, instead he is asking for alternative word.

Sir kindly verify the documents and suggest further action in this regard. 

Thankyou sir

With regards

-- 

Vijaya. K

for CWC Krishna

-----------------------------------Response--------------------------------------------------

Respected Sir/Madam,

Greetings,

Thanks for seeking further action in the prevailing case proceedings of a Bangladesh girl and pertinent situations. Anyhow, it is extremely obvious that, there is no competent authority except CWC in the district for the final disposal of the cases of children in need of care and protection services as per supreme legislation  JJ Act, 2000 amend 2006 that deals with children and their holistic issues including protection.

While coming to the subject matter, you have urged to suggest alternative word for “SUMMONS”. As you know very well that, CWC is a court, it is a quasi judiciary body constituted under specific legislation by the Government of INDIA and it’s a competent authority conferred with the powers of a First Class Judicial Magistrate. At this moment, is it apt to “request” any person to whom the court (CWC) issuing proceedings to execute its orders/instructions as per the Law? Or, will the court “request” anybody to submit reports, to conduct inquiries, to provide escort and so on...  for any requirement that it needs? If so, what does it mean?

Hence, we suggest you to please mention in the proceedings to PD-DW&CDA in the place of SUMMONS paragraph like... “Madam...even if the District Collector also may not aware of all existing Laws and legislations in the country which are nearly around 20,000 right now. So, it doesn’t mean that, they are not having enough knowledge on importance of Juvenile Justice System or something other like that. But, it is our due responsibility being the district level head of the line department to make aware of not only the Dist Collector but also concerned heads of other line departments too about the Juvenile Justice System and JJ Act, 2000 amend 2006 along with  the constitution of competent authorities (CWC), its powers and functions, roles and responsibilities as well as its status as per the Law in dealing with the cases of children. We believe that, you have such competence to convince and influence them accordingly where the district level heads of concerned departments including Collector would certainly understand the significance of CWC in dealing with the cases of children in need of care and protection and its prominent role in implementation of JJ System in the district”.

It is further to bring to your kind notice that, as per the procedure to be followed in case of the children from other countries, any competent authority has to approach through the Director, Dept of Juvenile Welfare, Correctional Services and Welfare of Street Children who in turn approach the political wing of General Administration Department. Then the case moves to Ministry of External Affairs and them to the pertinent embassy. There are such huge procedure moreover it consists a special SOP for cross boarder repatriation between Bangladesh and India. Hence, it doesn’t works out with mere involvement of district level authorities but essentially needs the involvement of CWC as it is the competent authority as per the Act.

This is for your information,

With best regards,

HOTLINE TEAM for Juvenile Justice