General principles to be followed in administration of Juvenile Justice (Care and Protection of Children) Act, 2015

From: drramhyd@gmail.com

Date: SAT,Aug20,2016 at 4:54 PM

To: help.org <helpap@gmail.com>  

Dear sir

What are the general principles to be followed in administration of Juvenile Justice (Care and Protection of Children) Act, 2015?

Dear Ramesh Garu

Please find answer as bellow

As per Sec 3, the following basic principles are guiding factors in the administration of JJ (CPC) Act 2015

               i.              Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years.

             ii.              Principle of dignity and worth: All human beings shall be treated with equal dignity and rights.

           iii.              Principle of participation: Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child.

            iv.              Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.

              v.              Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.

            vi.              Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter.

          vii.              Positive measures: All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act.

        viii.              Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used in the processes pertaining to a child.

            ix.              Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.

              x.              Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child.

            xi.              Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process.

          xii.              Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional care as a step of[ last resort after making a reasonable inquiry.

        xiii.              Principle of repatriation and restoration: Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest.

        xiv.              Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances.

          xv.              Principle of diversion: Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole.

Principle of natural justice: Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act

Proceedings to Police for Medical test

From: D. Ramakrishna [mailto:pavan@helpap.in]
Sent: 26 August 2016 06:38
To: risetpt@rediffmail.com; kdalavani@yahoo.in
Subject: Proceedings to Police

Respected Sir,

Please find herewith attached proceedings may be issued to police people instructing them to take the abused girl for medical exam and submit a report and also directing to book a case under appropriate sections under JJ as well as other associated Acts. Please add the necessary information as per the real grounds of the case and please feel free to make any changes as and where it is required as per the Act.

Thanking you sir,

With best regards,

PROCEEDINGS

CWC/CHITTORE/3008/2016/Date 30^th Aug 2016

To,

The SI of Police,

Mulakala Cheruvu PS,

Chittore Dist.

The Child Welfare Committee as per Section 27(1) of the Juvenile Justice (Care & Protection of Children) Act, 2015, is a statutory authority constituted by the Govt. of AP and as per Sec 27(9) The Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be a Judicial Magistrate of 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, protection, development and treatment and rehabilitation under Sec 29 (1) of the said Act. The CWC is also empowered to inquire into offences committed against children.

Whereas the Child Welfare Committee of Chittore District is realized that a minor girl named as ______________ aged ____ D/o _________________ belongs to _________________ is sexually abused by her biological father and was run-away from her house. Further, it is came to know that, the girl was rescued at ANANTAPUR by CHILDLINE 1098. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Under Sec 31(1) (i) of Juvenile Justice (Care & Protection of Children) Act, 2015 Any child in need of care and protection may be produced before the Committee by any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force; within 24 hrs excluding time necessary for journey. But, you have not followed the Act while you are dealing with a case of child. Why? Isn’t it a violation of Act?

As per Sec 24(1), Rule 4(2) of POCSO Act 2012, any juvenile who is victimized shall not taken to the police station and concerned IO must attend to his/her residence  to take their statement/complaint or for any investigation requirements. But, the CWC is hereby came to know that you are calling the victim girl along with her supporters to your PS, retaining them till evening and sending back home. Why? Isn’t it a violation of Act?

As per Sec 19(5) (6) of POCSO Act 2012, concerned IO or SHO shall give intimation to CWC and followed by its orders the victimized juvenile shall transfer to shelter home or hospital for medical examination. In this case nothing is happened in such way. Why? Isn’t it the violation of Act?

Under Sec 27(1) of POCSO Act 2012, the child must be referred immediately to medical exam in view of age verification and for determination of sexual abuse including HIV Test (pre and post test counseling is a must). But, no such action carried out by you. Why? Isn’t violation of Act?

As per Sec 88 of JJ Act 2015 where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree.

The CWC is hereby instructed you to book a case under Sec 75 and 88 of JJ Act 2015, Sec 366 & 375 IPC and directed you to take the girl for medical examination under Sec 94 of JJ (C&PC) Act, 2015. It is instructed to submit both FIR copy and also the medical report including explanation for above violations of both JJ (C&PC) Act, 2015 and POCSO Act, 2012 within ____ days before CWC in person without fail.

Given under my hand with the seal of CWC dated this 30^th day of Aug 2016.

Cc: To The Inspector of police, SJPU, CHITTORE for follow up and

       To The Superintendent of Police, CHITTORE for information.

CWC is the competent authority in dealing with the cases of CNCP

From: P Sruzan<suzankumarap@gmail.com
Date: Thu, Aug 21, 2016 at 11:53 AM
Subject: CWC is the competent authority in dealing with the cases of CNCP

To: help.org <helpap@gmail.com>  

Some NGOs who are working with children are taking own decision regarding the Care & Protection of children. Without approaching/Producing before CWC. In which way is it correct and how can CWC could be react in this regard?

Dear Madam,

We are thankful to you for your query and here below are the legislatory provisions according to JJ Act, 2000 that defines the necessity of approaching CWC in the matters of Children in need of Care and Protection Services.

CWC is the competent authority in dealing with the cases of CNCP

As per Sec 29 (1) of Juvenile Justice (Care & Protection of Children) Act, 2000 it is prescribed that, the state Government may by notification in Official Gazette, constitute Child Welfare Committee for every district or group of districts, specified in the notification for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.

Further under Sec 31 of JJ Act, 2000 the Powers of Committee have been described that, as per sub sec (1) 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 Sub Sec (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.

In addition to the above, under Sec 32 of JJ Act, 2000 it is specified that, (1) any child in need of care and protection may be produced before the Child Welfare Committee.

By keeping in view of all above provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000 any NGOs or public spirited citizen, law enforcement authority or anybody shall produce/approach Child Welfare Committee in the matters as such related to children in need of care and protection services.

With best regards,

HELP -ONGOLE

Support Services by Govt. for Disabled Children.

From: help.org [mail from:icpsvsp@gmail.com]
Sent: 12 August 2016 10:39 AM
To: Program Officer - HELP
Subject: Support Services by Govt. for Disabled Children.

Respected Sir,

Thank you so much for previous information through your Blog. This time also we need information about support services from the government for the children those who are disabled.

Sincerely yours,

Ch. Satyanarayana,

Dist. Child Protection Officer,

DCPU, Visakhapatnam Dist.  

Dear Satyanarayana,

Thank you for the query, please find below details as per your need.

        The following schemes are being implementing for the Empowerment of Persons with Disabilities in the District.

A.         SCHOLARSHIP SUPPORT SCHEMES:

1.    PRE-MATRIC SCHOLARSHIPS :

The Disabled students studying class I to X and whose parents / guardians income is less than Rs. 1,00,000/- per annum are eligible for getting scholarships and other allowance at the following rates.  This scheme is being implemented since 1981.

Class	Enhance- ment of Scholar- ship per month	Other Allowances
		Transport Allowance per month (for O.H. only)	Maintenance of Prosthetic / Orthopedic aids per month (for O.H. only)	Readers Allowance  per month (for V.H. only)
1	2	3	4	5
	Rs.	Rs.	Rs.	Rs.
I to V	70/-	50/-	25/-	25/-
VI to VIII	100/-	50/-	25/-	25/-
IX & X	182/-	50/-	25/-	50/-

2.    POST-MATRIC SCHOLARSHIPS :

          The Disabled students studying class Intermediate and above and whose parents / guardians income is less than Rs. 1,00,000/- per annum are eligible for getting scholarships through online at the following rates.  This scheme is being implemented from the year 2008-09.

Group	Hosteller (Attached Hostel)	Students Managed Hostel	Day Scholars
I (Professional courses)	962	442	429
II (PG level)	682	442	429
III (Degree level)	520	325	240
IV (Intermediate level)	520	325	182

3. REIMBUSEMENT OF TUITION FEE TO PROFESSIONAL COURSES STUDENTS:

As per the Govt. orders the OC Disabled students studying Intermediate and above classes are getting tuition fee reimbursement through online from the year 2008-09.

4. SCHOLARSHIPS TO THE MENTALLY RETARDED STUDENTS:

          The Mentally Retarded Students studying in the Specialized Institutions and whose parents / guardians annual income not exceeding Rs.1,00,000/-  are being sanctioned Rs.1000/- per annum.

5. SUPPLY OF NOTE BOOKS TO HOSTEL INMATES:

          The students studying in Govt. Disabled Hostels in Visakhapatnam district are being provided Note Books.

B.         ECONOMIC REHABILITAION SCHEME:

Under this scheme the disabled persons whose parents/guardians income is less than Rs.11,000/- per annum are sanctioned an amount not exceeding Rs.3,000/- per candidate to enable them to make a living.  This amount is sanctioned either as free grant or as 30% subsidy of total outlay of the scheme with bank loan to the extent of 70% if the total outlay, or if margin money is available, with 20% margin money whereby the bank loan would be reduced to 50% of the outlay. 

2.  PETROL/DIESEL SUBSIDY:

            Disabled persons owners of motorized vehicles and having income Up to Rs.24,000/- per annum are sanctioned 50% subsidy on actual expenditure on purchase of petrol/diesel  only for the use of vehicle from the residence to the place of duty and back and to the places where day to day activities of the person make it necessary for him/her to go.  The Subsidy is providing vehicles up to 2 hp – 15 ltrs and above 2 hp – 25 ltrs per month.

C.         SPECIAL INSTITUTIONS:

1. HOSTELS FOR DISABLED BOYS:

            2 Hostels for orthopaedically Handicapped are functioning at Peda Waltair and Pendruthi accommodating 100 each in both the institutions which are located in Govt. buildings with sufficient accommodation. The amenities like note books, text books, uniforms, cosmetic charges, bedding materials provided. Frequent medical checkups are being provided. Vidya Volunteers are being provided through SSA.

2. RESIDENTIAL SCHOOL FOR VISUALLY HANDICAPPED GIRLS:

The Government Residential School for VH Girls was established during the year 1985, and functioning in its own building at good atmosphere on the Beach Road at Yendada, Visakhapatnam with the sanctioned strength of 100 seats.  The students are being provided free boarding and lodging with special education.

3. TRAINING CUM PRODUCTION CENTRE FOR DISABLED:

Various ITI, Non ITI and Vocational Courses are being given to 100 Disabled Youth (Male) at Bakkannapalem under the prog of APVCC since 1983 with hostel facility.

4. SPECIAL INSTITUTIONS THROUGH NGOs:

            Under Govt. of India, Ministry of Social Justice & Empowerment Schemes Special Institutions are being functioning through the Non Governmental Organisations in the District.

E. SUPPLY OF AIDS AND APPLIANCES:

          Aids and Appliances such as Tricycles, Wheel Chairs, Crutches, Calipers, Artificial Limbs, Hearing Aids, Walking Sticks, and Braille Slates are being supplied to the needy disabled persons through AP Vikalangula Co-operative Corporation.

WELFARE OF DISABLED  & CITIZENS DEPARTMENT ADDRESS:

1.    Name                        :        Assistant Director

2.    Designation              :        Assistant Director, Welfare of Disabled & Senior                                          Citizens Dept.,

3.    Office Address         :        RCD Hospital Campus, Peda Waltair Jn.,                                                     Visakhapatnam-17

4.    Phone No.               :        0891 – 2562585

5.    Mobile No.               :        90000 13610

6.   E-mail                     :        addwvsk@gmail.com