Adoption and Declaration details

From:  [mail from:e2dearkish@gmail.com]
Sent Tuesday, March 15, 2016 10: 29 AM
To: helpap@gmail.com

Subject :  Adoption and Declaration details

Respected Sir,

Please give some information regarding Adoption and Declaration details as per New JJ Act-15.

Yours truly,

M. Kishore Kumar,

Member, CWC-Prakasam District.

As per Section 38 of Juvenile Justice Act – 2015.

Sub Section 1:

In case of orphan and abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and on completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the Committee shall declare the child legally free for adoption:

Provided that such declaration shall be made within a period of two months from the date of production of the child, for children who are up to two years of age and within four months for children above two years of age:

Provided further that notwithstanding anything contained in this regard in any other law for the time being in force, no first information report shall be registered against any biological parent in the process of inquiry relating to an abandoned or surrendered child under this Act.

Sub Section 2:

       In case of surrendered child, the institution where the child has been placed by the Committee on an application for surrender, shall bring the case before the Committee immediately on completion of the period specified in section 35, for declaring the child legally free for adoption.

Sub Section 3:

Notwithstanding anything contained in any other law for the time being in force, a child of a mentally retarded parents or a unwanted child of victim of sexual assault, such child may be declared free for adoption by the Committee, by following the procedure under this Act.

Sub Section 4:

The decision to declare an orphan, abandoned or surrendered child as legally free for adoption shall be taken by at least three members of the Committee.

Sub Section 5:

The Committee shall inform the State Agency and the Authority regarding the number of children declared as legally free for adoption and number of cases pending for decision in the manner as may be prescribed, every month.

Thanking you... 

Rs. 1 Lakh punishment for using child for begging

From:  [mail from:mavisa.adv@yahoo.com]
Sent Sunday, March 13, 2016 18 AM
To: helpap@gmail.com

Subject :  Rs. 1 Lakh punishment for using child for begging

Dear Sir,

Greetings from Srikakulam,

We have cases from begging in our district, those children are sending by the parents. Please give details from new act.

Namaskaram,

P.S. Rao

Chairperson

Child Welfare Committee,

SRIKAKULAM. – A.P.

Section 76 of Juvenile Justice Act-2015

Sub Section 1:

Whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees:

Provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees.

Sub Section 2:

Whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-section (1), shall be punishable with the same punishment as provided for in sub-section (1) and such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2:

Provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the Committee for appropriate rehabilitation.

Thanking you,

Punishments for Selling children for begging etc

From:  [mail from:bathulachinniah@gmail.com]
Sent Sunday, March 13, 2016 9:31 AM
To: anand@helpap.in

Subject :  Punishments for Selling children for begging etc

Dear Sir,

Please give some details about child selling and punishments as per New Juvenile Justice Act – 15.

Thanking you sir,

Yours.

B. Chennaiah,

Chairperson CWC-Kurnool.

Dear Chairperson garu.

As per Section 81 of Juvenile Justice Act – 2015.

Any person who sells or buys a child for any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees:

Provided that where such offence is committed by a person having actual charge of the child, including employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less than three years and may extend up to seven years.

Thanking you,

Role of PD in Trafficking Case for support services

From:  [mail from:benzamincwc@gmail.com]
Sent Thursday, March 10, 2016 11:38 AM
To: anand@helpap.in

Subject :  Role of PD in Trafficking Case for support services

Dear Sir,

Please give details from Role of Project Director, District Women and Child Development Agency in Anti Trafficking (as per G.O Ms. 1)

Answer:

District coordination Committee (DCC): The project Director (PD), WDCW is the main stake holder in activating the district coordination committee to combat trafficking. 

The PD should:

1.      Inform the District Collector about G.O. Ms. 1 and facilitate in the formation of the committee.

2.      Recommended the names of good anti-trafficking NGOs in the district of the collector so as to include them in the committee.

3.      Facilitate the meeting of the District co-ordination committee once in two months and send the proceedings to secretary, WDCW and Director, WDCW for the information to state Co-coordination Committee.

The Project Director should have close co-ordination with the Anti-Trafficking squad lead by the DSP, Prior to the rescue the PD should have the following ready:

1.      Inventory of items necessary to give as immediate relief to at least 75 victims such as

i)                    Cloths (Including undr garments)

ii)                  Towel, Soap, Oil sachet, Comb, tooth brush, tooth paste, sanitary napkins and diapers.

A proper record must be maintained and periodically checket.

2.      An updated list of shelter homes /fit institutions/Children‘s Homes /Short stay Homes / swadhar Homes. As soon as the girls are rescued by the squad the PD along with her officers will have to perform the following functions:

I) Identify and separate major victims.

II) Provide Immediate relief /welcome kit to the victims (a bag with immediate items for use)

III) Provide the list of shelter homes /Institutions /swadhar Homes to the police who in consultation with the PD and NGO can shift the victim to safe custody in appropriate

homes till legal formalities are completed.

IV) Take a special note of needs of the victims who are sick, lactating mothers and pregnant. (such as diapers for babies ,sanitary napkins, milk bottle ect..)

V) As the convener of the DC put up the proceedings and recommendations to the District Collector who is the Chairperson of DCC for release of immediate relief of the Victims (Rs.20,000)

VI) Support the ATS till the victims are safely sheltered for rehabilitation in Government

or NGO homes

VII) Ensure that no victim is restored to the family without a proper home Investigation

done through the local NGO or the probation officer.

Economic Empowerment:

Recommend the victims for appropriate livelihood training in Mahila Pranganam, SETWIN or NGO managed skill training which is connected to the job market. Care should be taken to ensure security of the victim.

Heath care Services:

Recommended to the Chairperson of DCC for the provision of Health cards for victims for free medical treatment in all Government Hospitals for all ailments including HIV/AIDS.

Education and Child Care:

Liaison with District Educational Officer for admission of the victims or children of victims to residential schools. Those children put in children’s homes should avail the facility of the respective homes for education.

Housing and Civic Amenities:

Recommended to the Chairperson of DCC to provide white ration cards, electoral photo identity cards and housing (under the weaker section housing scheme) for the victims.

The role of Project Director in anti-trafficking is as the Chief Liaison Officer among various

departments such as District Administration, Education, Housing, Revenue, Health ect. to

support the best interest of the victim to prevent re-trafficking.

Thanking you.

Key findings in SIR

From:  [mail from: wide.djyothi@gmail.com]
Sent Monday, March 7, 2016 16:31 PM
To: helpap@gmail.com

Respected Sir,

What are the key findings required from a Social Investigation Report with respect to Child in need of Care and Protection /Child in Conflict with Law.

Answer:

Section 8 (3) (e), 1.1 (ii):

Social Investigation Report pertains to social investigation Child Welfare Police officer regarding CNCP, CICL whether such child has parents to take care of his/her, or has guardian who is capable of taking care, or whether the CNCP, JCL is capable of taking care of himself with the help of local village/town people, information regarding the antecedents background of the child etc., and ascertaining the circumstances in which the alleged offence was committed, Child Welfare Committee, Juvenile Justice Board passes orders based on Social Investigation Report.

Thanking you,

Publication should have Criteria

From:  [mail from: naibasha1970@gmail.com]
Sent Friday, March 4, 2016 11:28 AM
To: helpap@gmail.com

Respected Sir,

Anybody publishes children’s photo CNCP Issue what is the punishment, what act is saying? Please give an answer.

Dear Basha garu please check below details:

CHAPTER IX

OFFENCES AGAINST CHILDREN

 (Juvenile Justice Act-15)

Section 74 (1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published:

Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.

(2) The Police shall not disclose any record of the child for the purpose of character Certificate or otherwise in cases where the case has been closed or disposed of.

(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to

Two lakh rupees or both.

You can also contact in telephone with our HELP coordinator or head office at Ongole for more clarification.

Thanking you,.  

Sitting details

From:  [mail from: sreedeviyenda@gmail.com ]
Sent Friday, March 4, 2016 11:28 AM
To: helpap@gmail.com

Sir,

Namaskaram,

I heard there is changes from new act about sitting place that can be conduct any where any place. Please give answer with Section also.

Section 28 (2) Juvenile Justice Act:

A visit to an existing child care institution by the Committee, to check its functioning and well being of children shall be considered as a sitting of the Committee.

Thanking you,....