response to the PD, WD&CW on challenge of CWC powers

PROCEEDINGS

RC.  No. CWC/EG/2209/14 Dated 22^nd 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 22^nd 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