apprehension of a minor boy at Vetapalem PS

---------- Forwarded message ----------
From: Grand NGO <grand.podili@gmail.com >
Date: Tue, Apr 21, 2015 at 12:19 PM
Subject: RE: Request for Block placement to MSW students
To: "help.org" <helpap@gmail.com>

Respected sir

as you know that there is a news published in local news paper with regard to the apprehension of a minor boy in Vetapalem PS.. so please give your suggestion to take action aganist the Vetapalem Police officers

regards

Chairperson - CWC 

Prakasam District 

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Response from HELP- Hotline Services

PROCEEDINGS

CWC/PRK/2104/2015/Dated 21^st Apr 2015

To,

The Sub-Inspector of Police,

Vetapalem Police Station,

Prakasam Dist.

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.

The Child Welfare Committee is hereby came to know that, a minor boy named as Ananda Rao Kattula S/o Srinu has been kept in detention by force in your PS since 3 days moreover with hand-cuffs and fetters with an alleged reason of suspected involvement of the said boy in some other earlier cases. It was come to know that, the boy has been taken in to apprehension at Vetapalem railway station and handed over to your sentry at your PS.

But, in accordance with the pertinent legislation i.e. Juvenile Justice (Care & Protection of Children) Act, 2000 amend 2006 it is extreme violation of child rights. Being a law enforcement agency you are meant to implement concerned legislations without giving scope to any violations. But, it is ridiculous to know in this particular case that you have violated the law.

As per Sec 10 of JJ Act, 2000 amend 2006 as soon as a juvenile in conflict with law is apprehended by police; he shall be placed under the charge of the special juvenile police unit or the designated police officer who shall immediately report the matter to a member of the Board and produce before it within 24 hours time.  But, as per source of news paper the boy has been under your detention since 3 days. Under Rule 76 of JJ Model Rules, 2007 no juvenile should be detained with handcuffs and fetters.

As per Sec 23 of JJ Act, 2000 amend 2006 there should be punishment for cruelty to juvenile or child.- Whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed o neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.

In this context, the CWC is hereby seeking your written explanation for violation of JJ Act, 2000 amend 2006 by attending before CWC in person within 3 days. And it is further directed to book a case under Sec 23 of JJ Act, 2000 amend 2006 against the constable who committed violation of said legislation and violation of child rights and submit the copy of FIR along with your explanation on the whole issue.  

Given under my hand with the seal of CWC dated this 21^st Day of Apr 2015.

Cc:

1.       The Circle Inspector of Police, Vetapalem

2.       The Inspector of Police, SJPU, ONGOLE for follow-up

3.       The Dy. Superintendent of Police, CHIRALA Division

4.       The Superintendent of Police, Prakasam District, ONGOLE