Respected Sir,
This is to bring to your kind notice that, the Information
Commission has issued notice to Project Director to disclose the information of
two cases of Children in Need of Care and Protection dealt by CWC of Srikakulam
with reference to appeal filed by a person under RTI Act, 2005. In this notice,
chairperson CWC also included as one of the respondents amongst two and the
other one is project director, DW&CDA of Srikakulam. In this respect, I
hereby request you to please provide your support for possible proceedings in
responding to the said notice by the commission.
Thanking you sir,
Chairperson,
CWC - Srikakulam
Clarifications
for responding to Information Commission under RTI Act, 2005 by CWC
Respected Sir,
This is in
reference with your request with regard to the response to the Information
Commission on RTI notice issued for the information in two cases of CNCP in
Srikakulam Dist. In fact, it is mentioned to present before commission for one
of the respondents in the notice that, O/o
the Chairman, Children Welfare Society in O/o Project Director, District Women
Development & Child Welfare Agency. But, the following points to be
observed herewith:
1. There is no Children Welfare Society in the above
address. But, it is Child Welfare Committee.
2.
There
is no Chairman in
the above address. But, there is Chairperson by designation that is
also to the Child Welfare Committee but
not for Children Welfare
Society.
3. The office address also mentioned like O/o the Project Director, District Women
Development & Child Welfare Agency. In fact, it is Dist. Women & Child Development Agency.
Further, the
following provisions of other relevant legislations also to be taken in to
consideration while responding to the above said notice by the commission that
is as follows:
In accordance with the Sec 8 (1) of RTI
Act, 2005 for exemption from disclosure of information, it is provided that, Notwithstanding
anything contained in this Act, there shall be no obligation to give any
citizen,—
As
per Sec 8 (1) (b) of RTI Act, 2005 it is prescribed that, Information which has
been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court;
CWC
is a court by all means under Sec 2(1) Legal Services Authorities Act, 1987 and also as per
the definition of Sec 3 of Evidence Act,
1872 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.
As per Sec
2 (23) of JJ (C&PC) Act, 2015 a “court” means a civil court, which has jurisdiction in matters of adoption and guardianship
and may include the District Court, Family Court and City Civil Courts;
As per Sec
30 (xi) of JJ (C & PC) Act, 2015 the
committee is having authority in
declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;
As per Sec
27 (9) of JJ (C&PC) Act, 2015 The Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the
case may be, a Judicial Magistrate of
First Class.
As per Sec 66 (1)
of JJ (C & PC) Act, 2015 All the institutions registered under this
Act, which may not have been recognised as Specialised Adoption Agencies, shall
also ensure that all orphan or abandoned or surrendered children under their
care are reported, produced and declared
legally free for adoption, by the
Committee as per the provisions of section
38 of JJ (C&PC) Act, 2015.
As
per Sec 29 (2) of JJ (C & PC) Act, 2015 while
defining the powers of the Committee,
it is clearly prescribed that, 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
As
per Sec 8 (1) (c) it is prescribed that the Information, the disclosure of
which would cause a breach of privilege of Parliament or the State Legislature;
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 is
The Act of Parliament received the assent of the President on the 31st
December, 2015, and came in to existence on 1st January 2016.
In this respect, the information asked by the appellant with
regard to the cases of children in need of care and protection are dealt under
said Act enacted by the Parliament with the assent of the President of INDIA.
The disclosure of the information hereunder may causes breach to the
confidentiality of the matters of those particular children victimized in these
cases.
Moreover, disclosure of such confidential
information of the cases dealt under the legislation is a violation
of provisions under Sec 99 (1) of the JJ (C & PC) Act, 2015 which
prescribed that, all reports related to
the child and considered by the Committee or the Board shall be treated as
confidential: Provided that the Committee or the Board, as the case may be,
may, if it so thinks fit, communicate the substance thereof to another
Committee or Board or to the child or to the child’s parent or guardian, and
may give such Committee or the Board or the child or parent or guardian, an
opportunity of producing evidence as may be relevant to the matter stated in
the report.
As per Sec
1 (4) JJ Act, 2015 notwithstanding
anything contained in any other law for the time being in force, the provisions
of this Act shall apply to all matters concerning children in need of care and
protection and children in conflict with law, including —
(i)
apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and
social re-integration of children in conflict with law;
(ii) procedures and decisions or orders relating to rehabilitation,
adoption, re-integration, and restoration of children in need of care and
protection.
As per the general principle of right to privacy and confidentiality
prescribed under Sec 3 (xi)
of JJ (C & PC) Act, 2015 that, every child shall have a right to
protection of his privacy and confidentiality by all means and throughout the
judicial process.
