Mr Rama Krishna – Chairperson-CWC of
CHITTORE Dist.
Query No 1:
A 15 years old girl has been rescued from Child marriage and
produced before CWC. The CWC has referred the girl to a shelter home for
temporary accommodation along with care and protection services. After a while,
it is come to know that the girl is already a pregnant of 6th month.
In these circumstances, police people asking, under which Act and Sections case
could be filed in absence of the accused person? In which home the girl could
be kept for further services after realizing about her pregnancy?
Clarification:
A Case can be filed against accused person even in the case of his
absence under POCSO Act, 2012. A statement of the girl under 164 (5) Cr. PC by
CWC or by a Judicial magistrate should be recorded to know more comprehensive
details of the case background. The victim girl should be referred to medical
examination to know the intensity of sexual abuse and status of pregnancy.
As per JJ (Care and Protection of Children) Act, 2000 amend 2006,
there are no specific homes exclusively for the purpose of pregnants. The
victim girls with pregnancy could also be accommodated in normal children homes
recognized by the concerned department but could be provided with special
medical care and services as and when it is required.
Query No 2:
Do the CWC could refer the children in need of care and protection to
the homes recognized as fit institutions and also to the homes approved under
licensing Act of Dept of Women Development and Child Welfare?
Clarification:
Yes. CWC could refer the CNCP to any institutions recognized by the
Govt as fit institutions either by the Dept of Juvenile Welfare or by the Dept
of Women Development and Child Welfare.
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