power of CWC in fit person declaration

PROCEEDINGS

CWC/0508/2015/Dated 05^th Aug 2015

To,

The Superintendent of Police,

Kurnool,

Kurnool 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.

This is to bring to your notice that, the police officers of ______________ Police Station have approached the CWC and argued to handover a child who has been under the care and protection services by Smt. ______________.  The CWC has been declared her as a fit person under Sec 39 (3) of JJ Act, 2000 amend 2006 since the CWC is empowered with the powers conferred by the said Act to deal with any cases of children below 18 years of age under Sec  31 of Powers of Committee which is clearly defined as per sub section (1) of Sec 31 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 right  and also as per sub section (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.

Furthermore, the DCPU has been constituted under Sec 62 A of JJ Act amended 2006 for implementation of the Act and shall assist the concerned competent authority in facilitating necessary care and protection services to the children in need of care and protection. It is the due responsibility of DCPU to build coordination between CWC and other child protection mechanisms as well as line departments for better implementation of Juvenile Justice System but not to complain against the competent authorities like CWC which is constituted under the JJ Act, 2000. Further it is to assist the CWC in providing effective rehabilitation and re-integration services to the children in need of care and protection services through executing the proceedings issues by the CWC in the district in line with its roles and responsibilities defined under Rule 81 of JJ Model Rules 2007 by the central Govt.

  

Given under my hand with the seal of CWC dated this 05^th Day of Aug 2015.

  

Cc:

1.       The DCPO, Dist Child Protection Unit, Kurnool District