To,
The Project Director,
District
Women & Child Development Agency,
KAKINADA,
East
Godavari 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.
Whereas
The Child Welfare Committee has received a complaint on 10th March
2014 from District Child Protection Unit (DCPU) regarding trading of a child by
Smt. Vasamsetti Saraswathi, 26 years, w/o Prasad, Kothapeta, Karapa Village. In
this regard, Mr. Ch. Abhishalm Counselor and Mr. K. Srinivasa Rao Social worker
were appointed to enquire under Sec 33
of JJ Act 2000 amend 2006 and report to CWC. They reported that Smt.
Vasamsetti Saraswathi married and was conceived six times. She could not
deliver even a single child due to frequent abortions. Hence, she has adopted a
child of her relative Mr. Illa Prasad & Mrs. Lova Kumari as they have 4
children and who could not bear for proper care and concern over all the
children as per the finding of CWC through DPO. The same facts have been
approved by the village sarpanch of Karapa. After holding enquiry and receiving
report from DPO the CWC has thoroughly examined the case and issued its order
to surrender the boy child to Sishugruha since the adoption process not
commenced under the legal procedure as per existing legislations meant for.
Hence,
the boy was surrendered to CWC and the same day the boy was referred to the
Shisu Gruha, Kakinada for restoration under
Sec 39(3) of the Juvenile Justice (Care and Protection) Act, 2000, amend 2006.
The application for urging to see the boy child in
Sishugruha and few additional grounds was considered by this CWC Court and ordered
dated 9th June 2014 to the Dist. Women & Child Development Agency
to allow Mr.
Vasamsetti Prasad & Smt. Vasamsetti Saraswathi resident of Karapa village to see the
child twice in a month. But, Women & Child Welfare Agency is not honored
the CWC order, it is against to the law and contempt of the court. The CWC will
take necessary actions.
It is hereby strictly opined by CWC that, being the head of
the department who has to make the departmental personnel to abide by the law
and assist for its proper enforcement in the district, causing inconvenience to
the statutory body of CWC which is nothing but a court in disposing the cases of
children in need of care and protection services at the district level.
Moreover, the department itself named as Women & Child Development Agency
and how a child develops when the district level heads obstructing their
effective rehabilitation and re-integration services by the authorities
constituted by the state under the legislations which has to be honored by all
of us under any circumstances.
In this context, the CWC is hereby seeking written explanation
under Sec 31(2) of JJ Act, 2000 amend
2006 for below queries by the Project Director, Dist Women & Child
Development Agency in terms of violation of proceedings issued by it.
·
What
are specific reasons for not allowing the above applicants to see the boy child
in Sishugruha?
·
Which
Sections under which Act or Legislation supports your refusal to see the boy?
·
What
are your complications or technical hurdles in allowing them to see the boy?
·
Is
there any specific order by state authorities of Women Development and Child
Welfare to refuse the issues instructed by CWCs in district? If so, please
submit a copy.
·
Is
there any specific central legislation or Act or any state rules mentioned
anywhere to reject CWC proceedings in such way? If so please submit a copy of
the same to CWC.
The CWC is hereby seeking a written explanation for the
above within a week period so as to proceed further under the legislatory
grounds so as to make justice in the said case.
The
CWC court is instructing to the entire child related agencies and other
stakeholders in the District to do their best for strict implementation of Law and
respect the same.
For
the aforesaid order to be carried into execution according to law.
Given
under my hand and the seal of Child Welfare Committee on 19th August
2014.
Cc: 1.The District
Judge, KAKINADA, East Godavari District
2. The Secretary, District Legal Services Authority, East Godavari dist
3. The Regional Joint Director,
Dept of WD&CW, ELURU
4. The Human Rights Commission,
Govt of A.P
5. The Director, WD&CW, Govt
of AP
6. The Commissioner, Dept of
WD&CW, Govt of A.P
No comments:
Post a Comment