Proceedings and Powers of CWC.

From:  [mail from: sudhakar.mannepula@gmail.com : ]
Sent Tueday, January 12, 2016 10:41 PM
To: helpap@gmail.com

Subject: Proceedings and Powers of CWC.

Namasthe Sir,

Recently, police were rescued a boy child and handover to parents without CWC intimation. In this situation, we would like to send an intimation for all the stakeholders. Please help us to work effeciently in our districts.

Thanking you sir,

sincerely.

M. Sudhakar,

Member-Child Welfare Commettee.

Ananthapur District.

Dear Sudhakar garu,

Child Welfare Committee is the competent authority and a court for the disposal of the cases of children below 18 years, We have also received few complaints from other districts too. We hope this below answer can be utilized to sensitise all the stakeholders.

GOVERNEMENT OF ANDHRA PRADESH

CHILD WELFARE COMMITTEE, ___________DISTRICT

A Bench of JUDICIAL MAGISTRATES

Constituted under Section -29 of the JJ (Care & Protection) Act, 2000

“The final authority to dispose of cases for the Care, Protection, Treatment, Development and Rehabilitation of children as well as to provide for their basic needs and protection of human rights”… Section 31(1)

PROCEEDINGS

To                                                                                                                                                           Date: 

_______________

_______________

_______________

                                                                                                                                                               

As you know very well that the Child Welfare Committee is the competent authority and a court for the disposal of the cases of children below 18 years which is constituted by the Govt. of India under Sec 29 of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. All the members in this committee are the Bench of Magistrates empowered with the powers of First Class Judicial Magistrates. Further, the committee has been equipped with the powers to facilitate the children in need of Care and Protection services 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 expects that, any of the Government officials especially The Law Enforcement Agency particularly like Police department will have a sufficient knowledge on pertinent Acts/legislations especially with regard to their nature of work. Accordingly, the very significant legislation enforced for protection children and their rights by the Govt. of INDIA is the Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006 on which you might have some fundamental knowledge though not in-depth.

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.

It is hereby suggested to refer in Sec 29(5) of JJ Act, 2000 that prescribes the CWC is having the powers of a Metropolitan or “Judicial” First Class Magistrate 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 reveals the intention of the legislation that CWC shall be a court. It is further suggested to go through the Standard Operating Procedures authorized by Dept of Juvenile Welfare, Correctional Services and Welfare of Street Children, Govt of Andhra Pradesh in page no. 8 of chapter 2 and also page no. 11 in this regard. 

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 and are below the age of 18 years.

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/concerned public servant/departmental official as and when it is required while disposing the cases of children in need of care and protection services followed by the fundamental principle IV of JJ Act, 2000 amend 2006 which is “In the Best interest of Children”.

Given under my hand with the seal of CWC dated this __________________________.

Cc:

1.       To The In-Charge, Special Juvenile Police Unit, __________ Dist.

2.       To The Superintendent of Police, ____________________ Dist.

3.       To The Hon’ble Dist Judge, Dist Court, ________________ Dist.

4.     To The Hon’ble Secretary, DLSA, _____________________ Dist