in the month of August a very important judgement passed by Delhi High Court on the jurisdiction of JJ Act Provisions over ITPA provisions in case of children getting rescued under section 15 or 16 of ITPA. It also clarified that only CWC has the final authority in respect of the custody and restoration of a child victims irrespective of provisions made under Section 17 and 17 A in ITPA.
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- SUMMONS
- Promoting Child Participation in CWCs
- Final Order for Rehab to the rescued child labour
- Order to Assistant Labour Commissioner
- Taking a rights based approach
- compensation for victim from abuser
- CWC Chittoor queries on child abuse case
- CWC proceeding to Police Dept officials
- instructions to the Police officer for booking FIR on Abuse case
- CWC order for medical exam and age determination
- ORDER FOR PLACEMENT OF A CHILD TO AN INSTITUTION
- SUPERVISION ORDER
Sunday, 21 December 2014
Friday, 5 December 2014
proceeding to the CI book a case under POCSO Act
Proceedings
RC No CWC/CTO/0412/2014
Dated 04th Dec 2014
To,
The Circle Inspector of police,
________________ Police station,
_______________ Mandal,
CHITTORE Dist.
As you know very well that the Child Welfare Committee is also a court for the disposal of the
cases of children below 18 years which is established by the Govt. of India under Sec 29(5) of Juvenile Justice (Care &
Protection of Children) Act 2000, amend 2006. And this is to inform you
that all the members in this committee are said to be a bench of magistrates
with the powers of First Class Judicial
Magistrates. Further, you know very well that, the committee has been
equipped with the powers to facilitate the children in need of Care and
Protection in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ Act 2000 r/w 2006.
Whereas, the CWC has received a
case of the minor girl who was sexually abused in the name of love marriage. The
girl named as _____________, age 16 years D/o __________________ belong to
_______________ village of _______________ Mandal, CHITTORE Dist. The offender
named as ____________________, aged ___ years S/o ___________________ belong to
_________________ village of ________________ Mandal, CHITTORE Dist has
deceived the said victim girl in the name of love marriage, kidnapped the girl
and taken away her to _______________ town. He has spent with the girl for
____days and was raped the girl. Afterwards, the girl has been rescued by
________________ and was produced before CWC for care and protection services.
In this context, the CWC has
examined the case, recorded the statement of the girl under Sec 164 Cr. PC and
found the facts of the case and was determined that the girl was deceived by
the said offender. It hereby came to know that, the father of the girl has been
passed away by the severe stress of whole issue. The girl has been referred to
the Govt children home for girls at TIRUPATHI for care and protection services
as part of rehabilitation and trauma counseling as well.
The CWC is further come to know
that, a case has been filed in your police station under Sec ____ & ____ of Cr PC with FIR No_____ dated
______ 2014. But, it is obviously realized that the said minor girl was
sexually abused by the offender. As you know very well that, sexual intercourse
with a minor girl with or without her consent is extreme crime and could be
treated as a rape. It is absolute violations of child rights under Sec 23, 27 & 28 of Juvenile
Justice (Care and Protection of Children) Act, 2000, amend 2006.
Moreover, the offender is
severely punishable under Sec 3 and 4 of
POCSO Act 2012. Under Rule 4 (2) of
POCSO Act, 2012 a designated police officer shall immediately file a case
and start investigation of a complaint received on a case of sexual abuse
against a child below 18 yrs of age. Even if the police officer came to know
such information in any manner about a sexual abuse/assault against a child,
the designated police officer shall visit the victim child’s house, record
child’s statement and book a case under appropriate sections of POCSO Act,
2012.
Hence, the CWC is hereby directed
you to book a case against the offender under above Sections of both JJ Act,
2000 amend 2006 and also under POCSO Act, 2012 in addition to relevant sections
of IPC and submit a copy of the same to CWC along with a report of
investigation proceedings of the case within a week of time.
Given under my hand with the seal of CWC dated this 04th
Dec 2014.
Cc: To the
Hon’ble District Judge, CHITTORE Dist.
To the Hon’ble
Secretary, DLSA, CHITTORE Dist
To Sri Ramesh
Ranganathan, Hon’ble Judge, High Court of A.P
To the S.P of Chittoor dist
to the SJPU, Chittoor dist
Wednesday, 26 November 2014
Why the legalization affects lives of children & women ?
The newly appointed Chairperson
of the National Commission for Women has proposing the legalization of
prostitution in India to our Supreme Court. The majority of the 3 million girls
and women trapped in prostitution are low-caste, female, poor , and teenagers.
They are the least and most marginalized citizens of our country
and deserve Uplift by regaining control of their destiny as Mahatma
Gandhi would say. Legalizing prostitution would make them
lose control of their destiny by shifting power to their perpetrators-
pimps, recruiters, brothel-keepers, owners, landlords and organized crime
networks that run the sex industry. It would makes legalization of sexual
exploitation and the exploiters may misunderstand that, now onward rapes
also (sex with minor girls below 18 years) will be legal and therefore
they are correct.
Why the NCW proposing to
legalize prostitution in India ?
National Commission
for Women (NCW) Chairperson Smt. Lalita Kumarmangalam’s proposal to legalise prostitution and the comments
thereon have a thing in common, inaccurate understanding of the problem and its
solution. Her medicine is deadlier than the disease, especially when the
civilised world is fighting human trafficking and sexual
exploitation. Naïve supporters of the policy appear to be misled by the magical
term ‘legal’ (like ‘development'). Tomorrow they may also support legalisation
of rape believing that now onwards rapes will be legal and therefore proper.
A person above the age
of 18 years, selling his/her body for sex against money or kind to another person of the
opposite sex (the uncertainty on IPC Section-377 is temporarily over, with the
Supreme court upholding it.) in his/her private premises (a privately-owned
premise is not necessarily private), 200 meters away from a place of religious
worship, a hospital, an educational institution or any place notified by the
government (Sec-7) is not a crime under any Indian laws including The Indian
Penal Code-1860 or The Immoral Traffic Prevention Act- 1956. The Indian law
bans the acts of trafficking, procuring, detaining, pimping, lending a premise
for carrying on prostitution for
running a brothel. Soliciting in public places for prostitution is punishable
(Sec-8) but a woman arrested under Sec-7 or Sec-8 is not to be punished but to
be given a chance of rehabilitation at
the state’s cost (Sec-10). In short, the Indian law aims to punish the
exploiters like madams, pimps, traffickers, customers, and other partners
aiding the exploitative sex trade but not the prostitute woman. By legalising
the trade, would the state decriminalise the offences of trafficking, procuring
and detaining girls and young women, brothel-keeping or pimping? If the offence
of soliciting in public is scrapped from the lawbook, then there will be pimps
and madams approaching young boys and girls right outside the gates of schools
and colleges, luring them with money, expensive electronic gadgets or foreign
tours to join the sex trade. Parents and teachers will helplessly witness this
as they will be arrested for not allowing the pimp to carry out their legal
business. Should this legal position be rejected?
If the government
wishes to serve the victims of prostitution, what stops it from doing what the
small civil society organisations have done best? Aren’t these women the
citizens of this country? Haven’t the High Courts and the Supreme Court from
time to time upheld the prostituted women’s constitutional legal and human
rights? Does the NCW think that to assist a rape victim, the rape must first be
licensed?
The origins of the
women’s emancipation movement is aptly attributed to the struggle of Josephine
Butler against the draconian British law ‘Dangerous Diseases Act 1865’ which
was the main expression of legalisation. It caused public outcry in Britain and
its colonies between 1865 and 1885 when it was finally repealed as it was seen
as an anti-women instrument leading to excessive power abuse by the health
officials and police. An indispensable component of legalisation is compulsory
periodic medical testing (CPMT) justified to curb sexually transmitted
infections. Clinically speaking, initial tests for a person with such an
infection may turn out to be negative, if his infection is fresh. This is
because of the window period. So a person holding a certificate of negativity
could still spread the infection. The CPMT creates a false sense of security in
the client who throws caution to the wind and indulges in unsafe sex. STIs/HIV infections actually increase under legalization.
Under legalisation,
would the state issue licenses to the children (currently > 40% of the
victims), the HIV positive victims (> 50% of the victims), the illegal
migrants and trafficked aliens, mostly the Bangladeshis? If not, where will
they all go if not underground? If the government wants to rehabilitate them,
then who has stopped the government from doing so right away? Everyone in the
country except the police knows
where to find these women. In countries that have legalized the sex trade, two
layers of prostitution have emerged - a very thin slice of registered legal
activities and a huge chunk of illegal activities where women become more
vulnerable and suffer extreme exploitation as they are forced to go
underground.
Men’s confidence in
assaulting any woman goes up when they experience that buying the sexuality of
some women is legally supported and risk-free. All they need to do is create
vulnerabilities and keep the money ready. If in spite of the law, millions are
getting trafficked and over 40 million are currently living the life of sex
slaves, why would the crime go down with liberalisation of the law? It is like
saying no one will fail if the exams are scrapped.
As legalization will
mean keeping many registers, filing returns, paying taxes and greasing 10 more
palms, the sex traders have rejected legalization. Only the pharmaceuticals and
government health babus still demand legalization, even after knowing its
futility in accordance with the opinion of Mr. Praveen Patkar – Prerana.
Friday, 14 November 2014
response to the Dist legal services authority WGodavari dist on Child labour
PROCEEDINGS
RC.
No. CWC/WG………….
To,
The Secretary
District
Legal Services Authority
West
Godawari District
As you know very well that the Child Welfare Committee is also
a court for the disposal of the cases of children below 18 years which is
established by the Govt. of India under
Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000,
amend 2006. And this is to inform you that all the members in this
committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very
well that, the committee has been equipped with the powers to facilitate the
children in need of Care and Protection in terms of their development, care,
treatment and rehabilitation under Sec 31 (2) of JJ (Care and Protection of
Children) Act 2000 r/w 2006.
In the context of a case with regard to the children rescued by
labor department from a poultry at ______________ village and produced before
CWC in which the children have been referred to
________ home for care and protection services. The CWC
has issued proceedings to conduct social investigation to find out the
realities of the case. The employers
stated that they have given compensation and old dues to the family of rescued
children and submitted simply a notary paper and submitted VRO report. But the
CWC asking to submit proper evidential document such as cheque or DD or any
other way. Because, it is not possible to pay in the form of cash
(Rs.1,40,000/-) in these transactions. Moreover, compensation should always
define by competent authority and to be paid in the form which is recommended
by its order. Without any order by any competent authority how the employer
paid compensation. Especially for compensations. But they are failed to submit
the same. In this connection the employer accepted his offence and agreed that
he has paid compensation and hence we have asked labour department with regard
to the actions taken against employer under which sections of which act. In
this case now the proceedings are in progress. In this case the employer and
CPM leaders insisting the CWC to release the children but not their
parents. It is come to know from primary
enquiry report the parents are in vulunerble condition so that they will again
send the children to work if they are released from the home. hence the CWC is hereby decided that the
children should keep in home and provide constant counseling and other required
services till disposal of the case under section 31of JJ Act 2000. In case of any necessity with regards to the
proceedings of CWC, then appeal can be filled in the session’s court in the
district as per the Section 52 (3) of JJ Act 2000.
The CWC is hereby strongly feel that there is a need of
sensitization to all relevant district level authorities on JJ Act 2000.
Because, the CWC is hereby come to know that, there is lot of misconceptions
with regard to the powers and functions of CWC among the different district
level head of the departments. And hence, the CWC is pleased to clarify these
doubts with regard to the powers and functions of a Child Welfare Committee
which is the court to deal the cases of all children who are in need of care
and protection services in the district. In accordance with Juvenile Justice (Care & Protection of
Children) Act 2000, amend 2006 the CWC can deal with the case of every
child who is in need of care and protection and it can take any of the
necessary steps and decisions such as surprise visits, inquiries under Sec 33 of JJ Act, 2000 amend 2006 or
issuing directions to police to book cases and so on by keeping in view of “in the best interest of the child”
which is the fundamental principle of the said Act.
Sec
31 of JJ(C&P of Children) Act, 2000, amend 2006 is clearly defines the Powers
of Committee as - (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 rights. (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.
Because, the CWC is having the powers Under Sec 54 of JJ Act 2000 amend
2006 the CWC is having powers for Procedure in inquiries, appeals and
revision proceedings.- (1)Save as otherwise
expressly provided by this Act, a competent authority while holding any inquiry
under any of the provisions of this Act, shall follow such procedure as may be
prescribed and subject thereto, shall follow, as far as may be, the procedure
laid down in the Code of Criminal
Procedure, 1973 (2 of 1974) for trials in summons cases. (2) Save as otherwise
expressly provided by or under this Act, the procedure to be followed in
hearing appeals or revision proceedings under this Act shall be, as far as
practicable, in accordance with the provisions
of the Code of Criminal Procedure, 1973 (2 of 1974).
Given under my hand with the seal of CWC dated this 14th
Nov 2014
Encl: the details of the rescued
children asked by you through your letter no:__________
Cc: To The District Judge &
Chairman of DLSA, East Godavari District,
To The Chairman, State Legal
Services Authority, Hyderabad
To Hon’ble Justice Ramesh
Ranganathan garu, Judge & convener JJ Committee, High Court of Hyderabad
& AP
letter district collector on rescued child labour in WGodawari
PROCEEDINGS
RC.
No. CWC/WG/07
To,
The District collector
West Godawari District
As you know very well that the Child Welfare Committee is also
a court for the disposal of the cases of children below 18 years which is
established by the Govt. of India under
Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000,
amend 2006. And this is to inform you that all the members in this
committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very
well that, the committee has been equipped with the powers to facilitate the
children in need of Care and Protection in terms of their development, care,
treatment and rehabilitation under Sec 31 (2) of JJ (Care and Protection of
Children) Act 2000 r/w 2006.
In the context of a case with regard to the children rescued by
labor department from a poultry at ______________ village and produced before
CWC in which the children have been referred to
________ home for care and protection services. The CWC has issued proceedings to conduct
social investigation to find out the realities of the case. The employers stated that they have given
compensation and old dues to the family of rescued children and submitted
simply a notary paper and submitted VRO report. But the CWC asking to submit
proper evidential document such as cheque or DD or any other way. Because, it
is not possible to pay in the form of cash (Rs.1,40,000/-) in these
transactions. Moreover, compensation should always define by competent
authority and to be paid in the form which is recommended by its order. Without
any order by any competent authority how the employer paid compensation.
Especially for compensations. But they are failed to submit the same. In this
connection the employer accepted his offence and agreed that he has paid
compensation and hence we have asked lavbour department with regard to the
actions taken against employer under which sections of which act. In this case
now the proceedings are in progress. In this case the employer and CPM leaders
insisting the CWC to release the children but not their parents. It is come to know from primary enquiry
report the parents are in vulunerble condition so that they will again send the
children to work if they are released from the home. hence the CWC is hereby decided that the
children should keep in home and provide constant counseling and other required
services till disposal of the case under section 31of JJ Act 2000. In case of any necessity with regards to the
proceedings of CWC, then appeal can be filled in the session’s court in the
district as per the Section 52 (3) of JJ Act 2000.
The CWC is hereby come to know that, there is lot of
misconceptions with regard to the powers and functions of CWC among the
different district level head of the departments like especially the PD-
WD&CW & DCPO- DCP Unit etc. because the DCPU exclusively meant itself
for the protection of Children under ICPS.. But they are forcing CWC members to
release the children from home and support to the employer who engaged the
children in work. As per the prescribed
DCPUs are supposed to assist CWCs under JJ Act for coordinating the district
level officials / departments for speedy support services to the rescued
victims/children for their rehabilitations and reintegration services. but they
are not supporting in such way.
Hence, the CWC is pleased to clarify these doubts with regard to
the powers and functions of a Child Welfare Committee which is the court to
deal the cases of all children who are in need of care and protection services
in the district. In accordance with Juvenile
Justice (Care & Protection of Children) Act 2000, amend 2006 the CWC
can deal with the case of every child who is in need of care and protection and
it can take any of the necessary steps and decisions such as surprise visits,
inquiries under Sec 33 of JJ Act, 2000
amend 2006 or issuing directions to police to book cases and so on by
keeping in view of “in the best interest
of the child” which is the fundamental principle of the said Act.
Sec
31 of JJ(C&P of Children) Act, 2000, amend 2006 is clearly defines the Powers
of Committee as - (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 rights. (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 this context, being district level authorities who are
heading various departments in the district, it is required to have minimum
understanding on the competent authorities constituted under various important
Acts by the Government. In case of no idea, it is required to hear from such
authorities and respect its role, powers and functions as per prescribed Act and
if it is not so, then it could be treated as an absolute violation of any such Act.
In this situation, why the CWC can’t take necessary action through exercising
its powers as per the Act?
Because, the CWC is having the powers Under Sec 54 of JJ Act 2000 amend
2006 the CWC is having powers for Procedure in inquiries, appeals and
revision proceedings.- (1)Save as otherwise
expressly provided by this Act, a competent authority while holding any inquiry
under any of the provisions of this Act, shall follow such procedure as may be
prescribed and subject thereto, shall follow, as far as may be, the procedure
laid down in the Code of Criminal
Procedure, 1973 (2 of 1974) for trials in summons cases. (2) Save as
otherwise expressly provided by or under this Act, the procedure to be followed
in hearing appeals or revision proceedings under this Act shall be, as far as
practicable, in accordance with the provisions
of the Code of Criminal Procedure, 1973 (2 of 1974).
Given under my hand with the seal of CWC dated this 14th
Nov 2014
Cc:
To
The Project Director, DW&CDA, West Godawari dist
The Regional Joint Director, WD&CW, Eluru, West Godawari dist
The Commissioner, Dept of Women Development and Child Welfare, Govt of
AP.
The Principal Secretary, Dept of Women Development and Child Welfare,
Govt of AP
The Members, SCPCR for kind information
Hon’ble Justice Ramesh Ranganathan garu,
Judge & convener JJ
Committee, High Court of Hyderabad & AP for kind information
The State Legal Services Authority, Govt of AP & Telangana state,
Hyderabad
Wednesday, 15 October 2014
compensation for rescued children from Child Labour
PROCEEDINGS
RC No. CWC/WG/1510/2014 Dated 15th Oct
2014
To,
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.
Whereas the CWC is came to know that, there are 3 children P
Bhaskar, aged 14 years S Dasaradh, aged 13 years and J Mrugaraju, aged 14 years
(as per labour department officials) who are working in your poultry form as
child labours at Teegalavancha Village, Chintalapudi Mandal of West Godavari
Dist have been rescued by labour department on 2nd Aug 2014. The
department officials have produced rescued children before CWC. After examining
the case details, the CWC has issued its proceedings to pay compensation for
those children. It is come to know that, you have paid some amount which is
supposed to pay to the children as wages for their working period. Under Sec. 26 of the Minimum Wages Act,
1948, claims compensation (not only back wages) which must be deposited by
the employer in the name of the rescued minor child with the mother as guardian
and the same invested in National Savings Certificate.
Article 32 of the UNCRC “Each
and every child has the right to be protected from economic exploitation and
from performing any work that is likely to be hazardous, to interfere with the
child`s education, to be harmful to child`s health or to the child`s
development,”
The statements of the child/employer/family of child and social
worker have been received in person and in writing. It is explicitly evident
that the vulnerable status of the child has been abused and exploited and you
(employer) are punishable under Sec. 23
of the Juvenile Justice Act, 2000. Further you
are denied the right of those children to education thus violating Sec. 21 A of the Constitution of India.
In this above context, the CWC is hereby issued order to pay a
compensation of Rs 2 lakhs to each child for all the 3 rescued children within
20 days in presence of CWC. It is further instructing to submit the evidential
documents for your payment to parents of said children i.e. photo copies of
bank cheque or Demand Draft to the CWC in person. In case of any of the violation
of these proceedings issued by the CWC you are liable to undergo legal action
under JJ Act, 2000, Child Labour (Prohibition and Regulation) Act, 1986 and
also under Min. Wages Act 1948 for violating the rights of the children.
Given under my hand with the seal of CWC
dated this 18th day of April 2014.
chairperson / member
Child Welfare Committee
West Godavari District
Cc: The Secretary, District Legal Services Authority, West Godavari
Dist
The Hon’ble District
Judge, West Godavari Dist
The Deputy Labour
Commissioner, Eluru, West Godavari Dist
Monday, 22 September 2014
response to the PD, WD&CW on challenge of CWC powers
PROCEEDINGS
RC. No. CWC/EG/2209/14 Dated 22nd Sep
2014
To,
The
Project Director,
Dist
Women and Child Development Agency,
______________ Dist.
As you know very well that the Child Welfare Committee is also
a court for the disposal of the cases of children below 18 years which is
established by the Govt. of India under
Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000,
amend 2006. And this is to inform you that all the members in this
committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very
well that, the committee has been equipped with the powers to facilitate the
children in need of Care and Protection in terms of their development, care,
treatment and rehabilitation under Sec
31 (2) of JJ (Care and Protection of Children) Act 2000 r/w 2006.
The CWC is really very surprised by going through the contents
mentioned in your letter with Ref No Lr.
No. 971/B/ICPS/2014 Dt: 17/09/2014. It is well known fact that, you are
having a good recognition for your commendable services from your past work
places and the CWC is really appreciate your noble work in this regard. Being a
Head of the District, heading such a vital department which is exclusively
meant to render services to the women and children in the district, having
decades of experience by working at various levels, we couldn’t expect such a
letter from you however.
The CWC expects that, any of the Government officials especially
heads of the departments will have a good knowledge on pertinent
Acts/legislations and of any Govt schemes and so on of their working department
though not having hold on entire things of other departments. You might have
had a sound knowledge on JJ Act, 2000
amend 2006 which is exclusively brought in to force by the Govt of INDIA
especially and exclusively for children in need of care and protection
services. Because, you are heading the Dist Women and Child Development
Agency.
CWC is a court by all means under Juvenile Justice (Care &
Protection of Children) Act, 2000 amend 2006. As per the definition of Sec 2(1)
Legal Services Authorities Act and also as per the definition of Sec 3 of
Evidence Act court means a civil, criminal or revenue court and includes any
tribunal or any other authority constituted under any law for the time being in
force to exercise judicial or quasi judicial functions. Hence CWC is a court.
Because once again suggest you to please read in Sec 29(5) Judicial- the powers of a
Metropolitan or “Judicial” First Class Magistrate reveals the intention of the
legislature that CWC shall be a court. We further suggest to please go through
the SOP authorized by Govt of Andhra Pradesh in page no. 8 of chapter 2 and
also page no. 11 in this regard.
Anyhow, while coming to the subject matter, under Sec 29 only the
CWCs have been constituted by the Govt of AP as per the JJ Act, 2000. It is
surprised that, why didn’t you gone through sub section 5 of Sec 29 while going
through the Sec 29 in the said Act. As
per Sec 29(5) The Committee shall function as a Bench of Magistrates
and shall have the powers conferred by
the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate
or, as the case may be, a Judicial Magistrate of the first class.
It is further to bring to your
kind notice that, under Sec 54 (1) of JJ Act 2000 amend 2006 it is
clearly mentioned about the Procedure in inquiries, appeals and revision
proceedings.- Save as otherwise expressly provided by this Act, a competent authority
while holding any inquiry under any of the provisions of this Act, shall follow
such procedure as may be prescribed and subject thereto, shall follow, as far
as may be, the procedure laid down in the Code
of Criminal Procedure, 1973 (2 of 1974) for trials in summons cases.
Whereas the Child Welfare Committee is empowered to exercise the
powers conferred under Code of Criminal
Procedure, 1973 (2 of 1974) with the Sec 54, 61, 62, 63, 66, 70, 71 and 72
as and when it is applicable in disposal of the cases of children in need of
care and protection. As per Sec 66 of Cr. PC says that, service on Govt Service
may be on the head of the department.
By keeping in view of all the powers conferred under both JJ Act,
2000 amend 2006 as well as under Code of Criminal Procedure, 1973 (2 of 1974)
the CWC is empowered to issue notice to the head of the departments as and when
it is required while disposing the cases of children in need of care and
protection services followed by the fundamental principle of JJ Act, 2000 amend
2006 which is “In the Best interest of
Children”.
It
is further suggest you that, submit a copy of the relevant Act/legislation/GOs
issued by the Government either state or central cited that, a CWC shall not
having the powers to issue notice to the Project Director, Dist W&CDA.
Because, the CWC has given several citations as above for you to say that it is
empowered to exercise the powers to issue notice to even district level officials.
Given under my hand with the seal of CWC dated this 22nd
Sep of 2014.
Chairperson
Child Welfare Committee
East Godavarai District
Cc:
1.
To The SCPCR, HYDERABAD
2.
To The Principal Secretary & Commissioner
(In-Charge) Dept of WD&CW, Govt of AP
3.
To The Hon’ble Dist Judge, Dist Court, East
Godavari Dist.
4.
To The Hon’ble Secretary, DLSA, East Godavari
Dist
Thursday, 18 September 2014
thanks to CWC chairpersons & Members for giving success
Respected madam,
Greetings
We are very happy to inform you that, as of now we have successfully crossed more than 2000 clicks by the viewers for our CWC blog: http://cwcinap. blogspot.in/.
It is obviously observed that, there is a gradual improvement in the no. of viewers across the states of AP and Telangana as well as few other states too. Simultaneously, there is constant improvement in receiving queries by the CWCs and also other stakeholders through our HOTLINE Service which in turn we are keeping clarifications in the blog seems so effective. Hope it would be extended further with a vast publicity and brings tremendous significance to HELP as well as Tdh Foundationalong with the Human Dignity Foundation.
We are hereby express our cordial thanks to our honorable experts committee Sri Kismat garu, Retd Director for DoJW Govt of AP and Sri. S Umapathi IPS garu, Retd Inspector General of Police for their valuable inputs through giving clarifications to CWCs and to achieve this great success.
We would honor and thanking the support and cooperation by respectable Directors of DoJW of both Telangana and Andhra Pradesh Mr Bhaskara chari garu and Smt Sarada garu.
We further would like to extend our thanks to all the CWC chairpersons and members across the states of both Telangana and AP for encouraging us with their robust interest and concern over our innovative interventions with the support of Tdh Foundation in improving Juvenile Justice System in both states.
We would like to express our gratitude to the Superintendents of the CCIs for having our assistance in improving care giving services for the children and for supporting our innovative activities among CCIs.
our sincere thanks to Ms Lopa, Program Manager - CP Tdh Foundation and Mr Subrat PO CP Tdh Foundation for AP & Telangana states for their constant technical support in achieving such a good success.
we are further happy to inform you that, we are going to launch of a web and phone/SMS based resource directory on child protection services in critical trafficking related States of India including Telangana & Andhra Pradesh States, in collaboration with the Department of Juvenile welfare.
with best regards,
Ram mohan NVS
HELP, 2nd lane, Sujatha nagar, Lawyer pet Ext, ONGOLE - 523 002. A.P
Ph: 08592 - 221206/221208/270664. fax: 08592 - 221208
Skype ID: help.apField offices:
1.SECUNDERABAD: D.No: 12-13-483/27/1,1st floor, Vastra Designers,Street no:1, Taranaka
3.VIJAYAWADA: # 23-32-23,FF-4, Anjali towers, paparaju street
4.ANANTHAPUR: # 1/1189-22A, NGO Colony, KADIRI
5. KADAPA: # 20/1030-2, RK Nagar, Co-operative colony
6. NELLORE: # 27-3-718, Saraswathi Nagar
E-mail: helpap2002@yahoo.com O R helpap@gmail.com
http://www.helpap.in / http:// www.traffickinginap.com / http://help-antitrafficking. blogspot.com
HELP, 2nd lane, Sujatha nagar, Lawyer pet Ext, ONGOLE - 523 002. A.P
Ph: 08592 - 221206/221208/270664. fax: 08592 - 221208
Skype ID: help.apField offices:
1.SECUNDERABAD: D.No: 12-13-483/27/1,1st floor, Vastra Designers,Street no:1, Taranaka
2.GUNTUR: Ground floor, Vijaya Towers, Lakshmipuram main road
3.VIJAYAWADA: # 23-32-23,FF-4, Anjali towers, paparaju street
4.ANANTHAPUR: # 1/1189-22A, NGO Colony, KADIRI
5. KADAPA: # 20/1030-2, RK Nagar, Co-operative colony
6. NELLORE: # 27-3-718, Saraswathi Nagar
E-mail: helpap2002@yahoo.com O
http://www.helpap.in / http://
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