response to Mr. K Apparao garu, chairperson CWC - Vizayanagaram regarding the case of one of school teacher beaten children severely.. all news papers published this item today...
PROCEEDINGS
RC. No. CWC/VZM/2201/2015.
To, Date: 03/09/2015
The District Education Officer,
Vizianagaram,
Vizianagaram 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 has come know
through a news paper about an incident of corporal punishment and taken the
case as sumoto by keeping in view of protection and welfare of children. It is
realized that, the students of __________________________ School,
________________ village ______________ mandal of Vizianagaram district are
undergoing severe punishment both physically and mentally in their school by _____________.
It is discerned that, the children are being threatened to be affected further
if they complaint to any of the respective competent authorities empowered to
deal with such case.
After examining the published news, the Child
Welfare Committee is hereby felt and affirmed that, it is an absolute violation
of Right to Education Act, 2009
simultaneously the violation of Rights of the Children as per the Juvenile Justice (Care & Protection of
Children) Act, 2000 amend 2006. Moreover, under Sec 23 of JJ Act 2000 read with 2006 having the actual charge
of control over a Juvenile or a Child assault or willfully neglects the child
/Juvenile in a manner likely to cause such Juvenile/Child unnecessary mental or
physical suffering shall be punishable with imprisonment for a term of 6 months
or fine or with both.
The CWC under
Sec 31 (1 & 2) shall have the final authority and powers to disposal of
the 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.
The CWC is hereby believes, you know very well
that The Government of Andhra Pradesh has issued a GO.Ms No 16 dated 18th Feb 2002 to prohibit all kinds of corporal punishment against children. The Hon’ble
Supreme Court of INDIA has directed that, all physical punishment shall be
banned in schools against children on 1st Dec 2000. The National Commission for Protection of Child
Rights (NCPCR) has directed all the Principal Secretaries of respective
states in INDIA to prepare and send the measures to stop corporal punishment
against children in schools in Aug 2007.
It is hereby emphasized that, punishing the
said children in above mentioned school is a severe offence that violates the
rights of children and hence the CWC is taking the case on high priority. By
keeping in view of all above citations, the CWC is hereby directed you to
conduct a comprehensive inquiry in the said case and submit the report directly
by attending before CWC within a week period.
So, the Child Welfare Committee is hereby
directed to District Education Officer to conduct an investigation and submit a
comprehensive report with all relevant details including background issues of
the case to the CWC within 3 days without any further delay. It is further
instructed the DCPO of DCPU to make follow up on issued proceedings by CWC for
its prompt execution without delay.
Given under my hand with the seal of CWC dated
this 03rd Sep 2015
Cc: To The Dist Collector, Vizianagaram Dist for
information
To The Director, Dept of Education, Hyderabad for information
To The DCPO, ICPS, Vizianagaram for follow up action
