Punishment under JJ Act-15 for persons subjecting children to cruelty.

From: help.org [mailfrom:tnsnehan@gmail.com]
Sent: 12 May 2016 10:29 AM
To: Program Officer - HELP
Subject: Punishment under JJ Act-15 for persons subjecting children to cruelty.

Dear sir,

What is the punishment prescribed under JJ (CPC) Act, 2015 for persons subjecting children to  children to cruelty?

Thank you . 

With warm regards

T.N.SNEHAN,

Child Rights Activist

President,CORE Organization

Chairperson,CWC,West Godavari 

State Convener,NACG/SAIEVAC of AP Chapter

General Secretary,District Forum for Child Rights

General Secretary, Child Labour Eradication NGOs Network

Koyyalagudem-534312

West Godavari District

Andhra Pradesh,India

9347502657.9492402657

Answer:

Sec 75 Juvenile Justice (Care and Protection) Act-15

Punishment for cruelty to child meted out by the custodian.

Whoever, having the actual charge of, or control over a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both.

Thank you.

G.O Ms No-28 - Immediate relief support

From: help.org [mailfrom: cwc.kdp@gmail.com]
Sent: 11 May 2016 12:29 PM
To: Project Director - HELP
Subject: G.O Ms No-28 -  Immediate relief support

Respected Sir,

You have mentioned about Victim’s immediate relief fund through Women & Child Welfare Department in a meeting. I would like to get those details to apply in our district who were victimized in Sexual abuse case.

Thanking you sir,

Sincerely,

Inakonda Sarada,

Chairperson,

CWC-YSR Kadapa District.

 Namasthe Sarada Garu,

Please find below details about G.O. Ms. No. 28 by the Government of Andhra Pradesh.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Department for Women, Children, Disabled & Senior Citizens – Setting up Relief and Rehabilitation Fund for victims of atrocities – Consolidated instructions and modalities for providing relief to the victims of atrocities – Orders – Issued.

——————————————————————————————————————————————————

DEPT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (WP).

GO MS No.28 Dated:                                                                                                                                    13.06.2011

Read the following :

1. G.O.Ms.No.47, WD CW & DW (Prog) Dept., Dt:12-07-1999.

2. G.O.Ms.No.1, WD CW & DW (Prog) Dept., Dt:03-01-2003.

3. G.O.Ms.No.28, WD CW & DW (Prog) Dept., Dt:04-07-2003.

4. G.O.Ms.No.13, WD CW & DW (WP) Dept., Dt:21-04-2006.

5. From the Director, WD & CW, Lr.No.8405/B1/09, Dt:11-12-2009.

6. From Additional Director General-CID, Hyderabad,

D.O.Lr.C.No.5903/C-28/WPC/CID/2011, dt:13-05-2011.

ORDER:

1.     In the G.O. 1st read above, a Relief and Rehabilitation Fund was set up for providing relief to the women who are victims of atrocities like Rape, Molestation, Kidnap, Dowry Harassment etc.

2.     Vide G.O. 3rd read above, the scope of the scheme was widened and the procedure simplified.

3.     Vide G.O. 4th read above, orders were issued enhancing the relief fund Rs.20,000/- to the Children/Women who are rescued from Trafficking.

4.     Government after due consideration hereby include crimes such as Acid attacks, causing grievous injury with other weapons such as hacking, slitting of throats etc. of Women and Girls, under the purview of the Relief and Rehabilitation Fund for victims of atrocities.

5.     Further, with a view to ensure effective implementation of the Scheme, Government in supercession of the orders issued vide G.O’s 1st, 3^rd & 4th read above, hereby issue consolidated and comprehensive instructions for implementation of the scheme as follows:- (i). Whenever any atrocity is brought to notice, either by individuals or Organizations or are reported in the media, the Child Development Project Officer (CDPO) concerned/Project Director (PD) / District Women & Child Development Agency will record the case in a register immediately. The registration of the case shall immediately be done suo-moto or on the representation made to the CDPO/PD by the victim of the atrocity or her family members/ Social Worker/ any concerned citizen. (ii). When the case is registered suo-moto, the CDPO having jurisdiction should report the matter to the Police Station having jurisdiction and file FIR. Whenever the family members/Social Worker/(s) take up the matter, they should simultaneously register the complaint with the Police Station and obtain FIR and a copy of such FIR should be handed over to the CDPO concerned. (iii) The victim of the atrocities such as rape/custodial rape/gang rape should be advised to be referred for medical examination by the Civil Assistant Surgeon in-charge of Primary Health Centre or the nearest Government Hospital. (iv). After medical report is received and the charge sheet is filed, the District Collector shall, after due scrutiny, accord sanction of Compensation / Relief to the victims as per the scale and up to the limits laid down in the Annexure to this order. On the basis of the sanction accorded by the District Collector, the CDPO of the area concerned will draw and disburse the amount from the Treasury in the shape of Demand Draft/ Pay Order. (v). The P.D. W & C.W. have to mobilize legal aid/support from District Legal Service Authority wherever the victim requires such legal aid support in accordance with the Sec.357-A Cr.PC or Cr.PC New Rules or Guidelines issued to this effect.

6.     The expenditure in this regard shall be debited to “2235 SS & W 02 SW – MH – 103 Women Welfare GH.11-Normal State Plan (SH) 27 Financial Assistance to Women and Girls affected by cognizable offences under Criminal Procedure Code 310 Grant-in-aid 312 Other Grant-inaid.”

7.     This order is issued with the concurrence of Finance Department vide their U.O.No.741/65/Expd.WD/11, dt:27-05-2011.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

M.CHAYA RATAN

SPECIAL CHIEF SECRETARY TO GOVERNMENT.

To

All District Collectors.

All Superintendents of Police.

The Commissioner, Women Development & Child Welfare Dept., Hyderabad.

The Principal Accountant General (Audit-I) Hyderabad.

The Accountant General (Audit-II), Hyderabad.

Copy to:

The Director General of Police, A.P., Hyderabad.

The Deputy General of Police, (PCR Cell), Hyderabad.

The Director of Treasuries and Accountants, Hyderabad.

The Pay and Accounts Officer, A.P., Hyderabad.

The Secretary to Government of India, Ministry of Welfare, New Delhi.

The Secretary to Chief Minister.

The Secretary, A.P. Public Service Commission, Hyderabad.

The Law (Scrutiny Cell) Department.

The Finance (EBS.XII) Department.

The P.S. to Minister (Women and Child Welfare).

The P.S. to Spl. Chief Secretary, WCD & SC Department.

The Commissioner, Information and Public Relations Department, Hyderabad.

S.F./S.C.

/ / FORWARDED : : BY ORDER //

SECTION OFFICER

State & District Child Protection Units

From: help.org [mail from: sarithajmj@rediffmail.com]
Sent: 11 May 2016 10:52 AM
To: Program Officer - HELP

Subject:  State & District Child Protection Units .

Respected  Sir,

Please give short notes about District Child Protection Unit details as per Juvenile Justice Act-2015

Thanking you sir,

 M. Saritha,

Coordinator-JMJ Tenali,

Guntur District.

Section 106 of Juvenile Justice Act- 2015.

State Child Protection Society and District Child Protection Unit.

Every State Government shall constitute a Child Protection Society for the State and Child Protection Unit for every District, consisting of such officers and other employees as may be appointed by that Government, to take up matters relating to children with a view to ensure the implementation of this Act, including the establishment and maintenance of institutions under this Act, notification of competent authorities in relation to the children and their rehabilitation and co-ordination with various official and non-official agencies concerned and to discharge such other functions as may be prescribed.

Procedure to be followed in case of a abused child.

From: help.org [mail from: sp@vzm.appolice.gov.in ]
Sent: 6 May 2016 12:25 PM
To: Program Officer - HELP
Subject:  Procedure to be followed in case of a abused child.

Respected  Sir,

Please explain the procudere to be followed in case of a abused child under this Juvenilce Justice (CPC) Act, 2015?

Thanking you sir,

O/o. SPs office/DCRB

Vizianagaram  District.

 Abused Child

          This category of children includes all children who are subjected to any form of physical/emotional/mental harm and includes cases of sexual abuse of children)-POCSO Act 2012, which is gender-neutral, child-centric procedural law envisages several measures to ensure child (below 18 yrs) is made comfortable during the  entire process  of  investigation  and trial.

a)         On a complaint of cognizable offence where the victim is  a child, concerned Police officer shall record the complaint promptly and accurately, register FIR and take up investigation.

b)         The investigation of the case shall be made over to an officer not below the rank of Sub-Inspector, preferably a lady officer, sensitized by imparting appropriate training to deal with child victims of sexual abuse.  In case of  Sec. 3 r/w 4 of POCSO Act, Inspector of Police  is  the Investigating Officer, while SDPO is the  I.O. in cases of  Aggravated Penetrative Sexual Assault  (Sec. 5 r/w 6 of POCSO Act)

c)         The statement of the victim shall be recorded verbatim by audio-video electronic means u/s 161(3) CrPC, as well as his/her statement (audio-video) before the court u/s 164 Cr.PC

d)         The officer recording the statement of the child victim should not be in Police uniform.

e)         The statement of the child victim shall be recorded at the residence of the victim or any other place where the victim can make a statement freely without fear.

f)          The statement should be recorded promptly without any loss of time. As far as possible the statement of the victim child should be recorded in question answer form. When the victim child is of a tender age and is unable to describe/give details of the offensive act, any gesture made by the child, keeping in mind the child’s age and capacity, should also be taken note of by the Police officer concerned.

g)         The parents of the child or any other person in whom the child reposes trust and confidence will be allowed to remain present.

h)         The investigating officer to ensure that at no point the child victims should come in contact with the accused.

i)          The child victim shall not be kept in the Police station overnight on any pretext, whatsoever, including medical examination.

j)          The Investigating officer recording the statement of the child victim shall ensure that the victim is made comfortable before proceeding to record the statement and that the statement carries accurate narration of the incident covering all relevant aspects of the case.

k)         In the event the Investigating officer should so feel the necessity, he may take assistance of a counselor/psychologist/psychiatrist.

l)          The Investigating officers shall ensure that the child victim is medically examined at the earliest preferably within 24 hours (in accordance with section 164 A Cr.P.C) at the nearest Government hospital or hospital recognized by the Government and obtain report.

m)       The Investigating Officer shall ensure that the Investigating team visits the site of the crime at the earliest to secure and collect all incriminating evidence available, under his personal supervision.

n)         The Investigating officer shall promptly send for forensic examination clothing and articles necessary to be examined, to the forensic laboratory which shall deal with such cases on priority basis to make its report available at an early date.

The investigation of the cases involving sexually abused child be investigated on a priority basis by Inspector of Police for offences u/s 3 r/w 4, by SDPOs u/s 5 r/w 6 of POCSO Act and completed preferably within ninety days of the registration of the case as per Sec 173 (1) A Cr.PC. The investigation shall be periodically supervised by senior officer(s).

Thanking you sir.... 

Key findings required from a SIR

From: help.org [mail from: pv.sandhya@gmail.com]
Sent: 3 May 2016 10:27 AM
To: Program Officer - HELP
Subject:  Key findings required from a “ Social Investigation Report” .

Dear Sir,

What are the kay findings required fro a social investigation report (SIR) with respect to CNCP or Conflict wir Law.

Vijaya Foundation,

Child Line

KADAPA  District.

Section.8 (3) (e), 13.1 (ii) of Juvenile Justice Act – 2015.

Social Investigation Report pertains to social investigation by social worker or Probation

Officer Child Welfare Officer or Social worker, Child Welfare Police officer regarding CNCP,CICL whether such child has parents to take care of him/her, or has a guardian who is capable of taking care, or whether the CNCP,JCL is capable of taking care of himself with the help of local village/town people, information regarding the antecedents background of the child etc.,and ascertaining the circumstances in which the alleged offence was committed. CWC, JJB passes orders based on S.I.R.

Thanking you.

Details of CHILD PRODUCTION before CWC.

From: help.org [mail from: sailakshmikanth100@gmail.com] 

Sent: 3 May 2016 12:21 AM
To: Program Officer - HELP
Subject:  Details of CHILD PRODUCTION before CWC.

Dear Sir,

What are the changes in Juvenile Justice Act about Child Production before Child Welfare Committy.

NS MURTHY,

Child Line

Prakasam District.

Section 31- Juvenile Justice Act-15

Production before Child Welfare Committee as per the new act.

Sub Section 1 :

Any child in need of care and protection may be produced before the Committee by any of the following persons, namely:—

       I.            any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force;

    II.            Any public servant;

 III.            Childline Services or any voluntary or non-governmental organisation or any agency as may be Recognised by the State Government;

 IV.            Child Welfare Officer or probation officer;

    V.            Any social worker or a public spirited citizen;

 VI.            By the child himself; or

VII.            Any nurse, doctor or management of a nursing home, hospital or maternity home:

Provided that the child shall be produced before the Committee without any loss of time but within a period of twenty-four hours excluding the time necessary for the journey.

Sub Section 2:

The State Government may make rules consistent with this Act, to provide for the manner of submitting the report to the Committee and the manner of sending and entrusting the child to children’s home or fit facility or fit person, as the case may be, during the period of the inquiry.

Thanking you,,,,

Run Away Child in Conflict with Law

From: help.org [mailfrom: dcpokadapa@gmail.com]
Sent: 3 May 2016 10:11 AM
To: Program Officer - HELP
Subject: .  Run Away Child in Conflict with Law

Respected Sir,

Please give a brief note on run away child in conflict with law.

S.P. Reddy,

DCPO, KADAPA

Section 26 Juvenile Justice Act-15

Provision with respect of run away child in conflict with law.

Sub Section :1

Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge of a child in conflict with law who has run away from a special home or an observation home or a place of safety or from the care of a person or institution under whom the child was placed under this Act.

Sub Section :2

The child referred to in sub-section (1) shall be produced, within twenty-four hours, preferably before the Board which passed the original order in respect of that child, if possible, or to the nearest Board where the child is found.

Sub Section :3

The Board shall ascertain the reasons for the child having run away and pass appropriate orders for the child to be sent back either to the institution or person from whose custody the child had run away or any other similar place or person, as the Board may deem fit: Provided that the Board may also give additional directions regarding any special steps that may be deemed necessary, for the best interest of the child.

Sub Section :3

No additional proceeding shall be instituted in respect of such child.

Thanking you,