Penalty for Non Registered Institution.

From: help.org [mailfrom: [ravikumar.bhome@gmail.com]
Sent: 16 April 2016 11:13 AM
To: Program Officer - HELP
Subject: . Penalty for Non Registered Institution.

Respected Sir,

I have an organisation for children with registration. One of my friend is also running an institution without registration. If they didn’t register what will happened? Please give details.

G. Ravikumar,

Baptist Home

Prakasam District.

Section 41 of Juvenile Justice Act – 2015.

Registration is mandatory:

Notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this Act in such manner as may be prescribed, within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not:

Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of commencement of this Act shall be deemed to have been registered under this Act.

As per Section 42 ( Punishment)

Any person, or persons, in-charge of an institution housing children in need of care and protection and children in conflict with law, who fails to comply with the provisions of sub-section  (1) of section 41, shall be punished with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both:

Provided that every thirty days delay in applying for registration shall be considered as a separate offence.

Thanking you,

Gist of Constitutional Provisions.

From: help.org [mailfrom: [ropes_india@yahoo.com]
Sent: 14 April 2016 8:13 PM
To: Program Manager - HELP
Subject: . Gist of Constitutional Provisions.

Respected sir,

Can you give few details about constitutional provisions on child rights?

DHANA SEKHARAN

Ropes India. TN.

The Constitution of India recognises the vulnerable position of children and their right to protection.

Article 21A:

Free and compulsory education for all children from the age of 6 to 14 years

Article 24:

No child below the age of 14 years shall be employed to work in any factory or mine or in any other hazardous employment.

Article 39:

The State shall ensure that the tender age of children is not abused; children are given opportunities and facilities to develop in a healthy manner and under conditions of freedom and dignity and that childhood and youth are protected against exploitation.

Article 45:

Early childhood care and education to all children until they complete the age  of six years.

Article 23:

Traffic in human beings and forced labour are prohibited.

National Policies

National Charter for Children, 2003 - The National Charter for Children promises to protect the right of every child to enjoy a happy and secure childhood. In partnership with the community, the State will provide support in the form of shelter, education, food and recreation for abandoned and street children. The State will protect children from economic exploitation and from doing work that is hazardous to their health and well being. It will regulate the conditions of work in non-hazardous sectors, but aim towards total ban on all forms of child labour. The State shall protect children from neglect, maltreatment, injury, trafficking, sexual and physical abuse of all kinds, physical punishment, torture, exploitation, violence and degrading treatment, Legal action shall be taken against the abusers even if they are the legal guardians of such children. Child victims shall be identified, protected, cared for, counselled and rehabilitated. The State shall also protect children from being used for illegal activities such as drug trafficking, begging, prostitution, pornography and violence. The State shall take steps for the eradication of crimes and atrocities committed against the girl child, including child marriage, discriminatory practices, forcing girls into prostitution and trafficking. Every child has the right to a family. In case of separation of children from their families, priority would be given to reunifying the child with its parents, unless it is against the best interest of the child. All procedures relating to children - judicial, administrative, educational or social - should be child friendly.

THANKING YOU.... 

Registration of child care institutions

From: help.org [mailto: mohanbabu1431967@gmail.com]
Sent: 8 April 2016 21:49 PM
To: Program Officer - HELP
Subject: . Registration of child care institutions

Respected Sir,

I would like to know about Child Care Institution registation details as per Juvenile Justice Act – 2015.

Thanking you,

Sincerely

B. Mohan Babu,

Dist. Probation Officer,

PrakasamDist.

Respected Probation Officer, Please find below details as per your query.

As per Section 41 of Juvenile Justice Act – 2015.

Sub Section;1

Notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be  egistered under this Act in such manner as may be prescribed, within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of commencement of this Act shall be deemed to have been registered under this Act.

Sub Section: 2

At the time of registration under this section, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution as a Children’s Home or open shelter or Specialised Adoption Agency or observation home or special home or place of safety, as the case may be.

Sub Section:3

On receipt of application for registration under sub-section (1), from an existing or new institution housing children in need of care and protection of children in conflict with law, the State Government may grant provisional registration, within one month from the date of receipt of application, for a maximum period of six months, in order to bring such institution under the purview of this Act, and shall determine the capacity of the Home which shall be mentioned in the registration certificate: Provided that if the said institution does not fulfill the prescribed criteria for registration, within the period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of sub-section  (5) shall apply.

Restoration of child in need of care and protection. Registration of child care institutions. 56 of 2000.

Sub Section:4.

If the State Government does not issue a provisional registration certificate within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional registration to run an institution for a maximum period of six months.

 Sub Section: 5.

If the application for registration is not disposed of within six months by any officer or officers of any State Government, it shall be regarded as dereliction of duty on their part by their higher controlling authority and appropriate departmental proceedings shall be initiated.

 Sub Section :6.

The period of registration of an institution shall be five years, and it shall be subject to renewal in every five years.

Sub Section:7.

The State Government may, after following the procedure as may be prescribed, cancel or withhold registration, as the case may be, of such institutions which fail to provide rehabilitation and reintegration services as specified in section 53 and till such time that the registration of an institution is renewed or granted, the State Government shall manage the institution.

Sub Section: 8 .

Any child care institution registered under this section shall be duty bound to admit children, subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants from the Central Government or, as the case may be, the State Government or not.

Sub Section :9.

Notwithstanding anything contained in any other law for the time being in force, the inspection committee appointed under section 54, shall have the powers to inspect any institution housing children, even if not registered under this Act to determine whether such institution is housing children in need of care and protection.

Thanking you.

Registration details of child care institutions

From: help.org [mailto: mohanbabu1431967@gmail.com]
Sent: 8 April 2016 21:49 PM
To: Program Officer - HELP
Subject: . Registration details of child care institutions

Respected Sir,

I would like to know about Child Care Institution registration details as per Juvenile Justice Act – 2015.

Thanking you,

Sincerely

B. Mohan Babu,

Dist. Probation Officer,

PrakasamDist.

Respected Probation Officer, Please find below details as per your query.

As per Section 41 of Juvenile Justice Act – 2015.

Sub Section;1

Notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be  egistered under this Act in such manner as may be prescribed, within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of commencement of this Act shall be deemed to have been registered under this Act.

Sub Section: 2

At the time of registration under this section, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution as a Children’s Home or open shelter or Specialised Adoption Agency or observation home or special home or place of safety, as the case may be.

Sub Section:3

On receipt of application for registration under sub-section (1), from an existing or new institution housing children in need of care and protection of children in conflict with law, the State Government may grant provisional registration, within one month from the date of receipt of application, for a maximum period of six months, in order to bring such institution under the purview of this Act, and shall determine the capacity of the Home which shall be mentioned in the registration certificate: Provided that if the said institution does not fulfill the prescribed criteria for registration, within the period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of sub-section  (5) shall apply.

Restoration of child in need of care and protection. Registration of child care institutions. 56 of 2000.

Sub Section:4.

If the State Government does not issue a provisional registration certificate within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional registration to run an institution for a maximum period of six months.

 Sub Section: 5.

If the application for registration is not disposed of within six months by any officer or officers of any State Government, it shall be regarded as dereliction of duty on their part by their higher controlling authority and appropriate departmental proceedings shall be initiated.

 Sub Section :6.

The period of registration of an institution shall be five years, and it shall be subject to renewal in every five years.

Sub Section:7.

The State Government may, after following the procedure as may be prescribed, cancel or withhold registration, as the case may be, of such institutions which fail to provide rehabilitation and reintegration services as specified in section 53 and till such time that the registration of an institution is renewed or granted, the State Government shall manage the institution.

Sub Section: 8 .

Any child care institution registered under this section shall be duty bound to admit children, subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants from the Central Government or, as the case may be, the State Government or not.

Sub Section :9.

Notwithstanding anything contained in any other law for the time being in force, the inspection committee appointed under section 54, shall have the powers to inspect any institution housing children, even if not registered under this Act to determine whether such institution is housing children in need of care and protection.

Thanking you.

CWC Procedures with POCSO cases.

From: help.org [mailto: santoo@gmail.com]
Sent: 5 April 2016 09:49 AM
To: Program Manager - HELP
Subject: CWC Procedures with POCSO cases.

Greetings from Srikakulam,

I would like to know about CWC procedures or guidelines when there is POCSO case.

Thanking you,

Santhosh

Coordinator,

Child Line-1098,

Srikakulam District.

Answer:

Guidance to CWCs for custody or care orders

Rule 4(5) of the POCSO Rules is open to some very pernicious interpretations. If you read through the requirements that the CWC is called upon to take into account when deciding to remove custody of the child from its family, it would appear that if a family member is poor, or ill, or if the child has special needs, that can be a justification for depriving the child of his family.

Where the child has a family, POCSO should not become a vehicle for casually depriving them of their entire family because one member committed an offence against them.

The guidelines should advise CWCs to consider as an inalienable part of any child’s best interests: (i) the ability to grow up and live with his biological family; (ii) access of a child to the company of his non-offending family members; and (iii) the fostering of his bonds with them, especially, parents, grandparents and siblings. The guidelines should also sensitize CWCs to the fact that where both parents are convicted under POCSO, members of the extended family may not be able to take financial responsibility for the child, but this should not disentitle them from maintaining their relationship with the child.

With these basic principles in mind, the guidelines should give the following suggestions to the CWC when considering custody or care orders:

(i)
If a parent is not accused under POCSO, then that parent must not be deprived of custody of the child.

(ii)
If a mother is not convicted as a primary offender under POCSO, she must have such access to her children as is permitted to women prison inmates under the general law.

(iii)
Even where family members express themselves as unable or unwilling to take over guardianship of a child, this must not result in a total severance of the child’s relationship with these family members. The child must be enabled in knowing them, visiting them and fostering bonds with them even while in care homes or in foster care.

(iv)
If a child has to be removed from the home, his mother or failing her at least one grandparent or adult sibling shall be allowed to accompany and live with the child wherever he is placed.

(v)
In all situations the child shall have the widest possible regular access to his non-offending family members, especially his mother, grandparents and siblings.

(vi)
Even while in a care home or in foster care every effort will be made to encourage and nurture the child’s relationships with his family members, including members of the extended family, both by in-person interaction and through written, telephonic, video telephonic and other means available.

(vii)
The limits on family visitation for children under CWC care orders under the JJ Act will not apply.

(viii)
No care home or foster carer shall be permitted to argue against family interaction on the ground that this is “unsettling” for the child. The CWC shall ensure that care home personnel and foster carers are trained to encourage and foster family relationships and bonds.

(ix)
Even while in a care home or in foster care, the cultural and religious heritage of the child of the family and community into which he was born shall be fostered and nurtured in that child

(x)
Poverty or illness or disability, whether of the child or the non-offending family member who is asking for custody, shall not be considered as reasons for depriving a child of his family. The principle should be if you’re the grandparent or aunt and you want to keep the child, then that decides the matter. Poverty and special needs and other things listed in Rule 4(5) shall be taken into account by the CWC to consider ways and means by which families can be aided (financially and otherwise) and counselled in better caring for the child.

(xi)
There shall be no adoption of the child by non-family parties unless (non-offender) parents and grandparents and adult siblings each agree to adoption and, in case they are all dead or untraceable, members of the extended family agree to this after being explained that this will forever shut them off from the child.

(xii)
Custody and guardianship of the child shall not be taken away from the family by way of interim orders. Interim measures shall be restricted to securing the child in its home and with full and free access to its mother where she is not an accused

what is SJPU.

From: help.org [mailto:gunturchildline@gmail.com]
Sent: 4 April 2016 10:41
To: Programme Officer(CWC) - HELP
Subject: what is SJPU.

Sir,

What is meant by SJPU? Please give short note on their work details….

Thanking you,

Kola Sameer Kumar,

Coordinator,

CHILD LINE – 1098.

GUNTUR Dist.

Dear Sameer Kumar,

SJPU Means as per Section 2 (55) of Juvenile Justice Act is “Special Juvenile Police Unit.”

Special Juvenile Police Unit means a unit of the Police force of a district or city or, as the case may be, any other Police unit like Railway Police, dealing with children and designated as such for handling children under section 107 of Juvenile Justice Act – 15.

Role of SJPU (Spl. Juvenile Police Unit)
1	Section 19 of POCSO Act  SJPU in taking care of Child victim and production before Child Welfare Committee.
2	Rules 3 and 4 of POCSO Rules 2012 Care and protection of Victim child and taking preventive action.
3	Sec 10 of JJ (CPC) Act 2015. Apprehension of Child alleged to be in conflict with law and production before Juvenile Justice Board.
4	Sec 107 of JJ (CPC) Act 2015 SJPU/Child Welfare officers at every Police Station with aptitude and appropriate training are required to be designated by SsP/CsP.

Registration for Homes.

From: help.org [mailto: mpsss_cdp@yahoo.co.in]
Sent: 2 April 2016 10:49
To: Programme Officer(CWC) - HELP
Subject: Registration for Homes.

Dear Sir,

To run children home needed permission?

Thanking you,

Fr.N.Balachandra

Director-MPSSS

KADAPA 

Yes, please find the below details:

Section 41 of Juvenile Justice Act-15.

Notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this Act in such manner as may be prescribed, within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not: Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of commencement of this Act shall be deemed to have been registered under this Act.

Please visit our previous posts for more details..

Thanking you.