Main Role of CWCs
The main role of the CWC under POCSO is to provide
assistance to children who are alleged to be victims of sexual assault and,
where applicable, their families, in obtaining care and protection. This role
has been given to the CWCs in recognition of the fact that in cases of sexual
assault it is important to look beyond the investigation and trial of the alleged
perpetrator to providing assistance to the children in such cases who are in
need of care and protection.
Who initiates
the case before the CWC?
1.
Under section 19
(6) of POCSO, it is the SJPU or local police that will report and produce a
child before the CWC. So cases before the CWC will be initiated by the SJPU or
local police. If the case under POCSO is brought to the notice of the CWC directly,
the CWC shall inform the police / SJPU of the case.
In what
circumstance can a child be brought before the CWC?
2.
Rule 4(3) of the
POCSO Rules lists the following circumstances in which a child is to be brought
before the CWC. The child is:
a.
living in the
same or shared household with a person who the police allege has committed or
is likely to commit or attempt to commit an offence under POCSO (such children
are hereinafter referred to as ―Children Found Co-Habiting with Accused‖ or
―CFCA‖);
b.
living in a child
care institution and does not have parental or other family support, i.e., is
either orphaned or abandoned in such institution (such a child is hereinafter referred
to as ―Institutionalized Child/Children‖); or
c.
is found without
any home or parental or other family support (such a child is hereinafter
referred to as ―Destitute Child/Children‖).
In addition, Section 19(5) of the POCSO and Rule 4(3)
of the POCSO Rules state that such a child should be determined by the SJPU or
local police for reasons recorded in writing to be a child in need of care and
protection (this report is hereinafter referred to as the ―Police Care and Protection
Report or ― PCPP).
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