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
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