To,
The Superintendent of Police,
ONGOLE,
Prakasam Dist.
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 Act 2000 r/w 2006.
But, it is very sorry to say that,
unfortunately the officers of almost all the police stations in our Prakasam
District are utterly neglecting the CWC which is allocated all the above powers
by the Government of India through JJ Act 2000 r/w 2006. It is well defined
under Sec 31 (2) of JJ Act that the CWC is the competent authority in the cases
of Crime against Children. As per Sec 32 (1) (i) all the children who are in
need of care and protection that comes under Sec 2 (d) (i) to (ix) of JJ Act
2000 r/w 2006 shall be produced before CWC by any police officer or SJPU or any
designated police officer within 24 hrs after finding a case. But, no police officer (except one or two
officers that is too in our ONGOLE town) is taking this JJ Act in to their
consideration and completely neglecting the CWC. Recently, we have asked for
the reason and got a response that their higher officials are instructing them not
to respond CWC and said that it is not the competent authority which is very
sad to know.
Recently, the CWC came to know that a
16 years old girl had been kidnapped, forcedly kept her in detention and
committed rape against her. Immediately, the CWC had advised them to go to
Taluk Police station of ONGOLE and give a complaint. They have been kept in
waiting at police station since 11 p.m at night till 3 a.m again from next day
morning to night 8 pm and then released free both victim girl as well as the woman
trafficker who in fact kidnapped the girl. The CWC had issued proceedings dated
10th Jun 2013 to the concerned police station to inform the status
of the case and the victim girl. But, the CWC had not received any report till
now by concerned officers of the Police station moreover they are committing
unnecessary comments (individual) against CWC members. The same thing has been
repeated in case of Sobha who is 5 years old and is a begging girl child at I
town police station of ONGOLE dated 22/04/2013.
The CWC can follow the procedures of
summary or summons under Sec 54 of JJ Act as per the procedure laid down in the
Code of Criminal Procedure 1973 (2 of 1974) or can recommend for necessary
action for violation of JJ Act or can appeal to the Juvenile Justice Commission
under the supervision of Hon’ble Justice Mrs Rohini in the High Court.
It is well know fact that, you are
having a good reputation in strictly implementing law and order in the district
and everybody appreciating you for your noble efforts for the same. The CWC too
hope that the Juvenile Justice System will also be at an apex in the district
as such young and energetic officer came to our district.
Hence, the Child Welfare Committee is
hereby hope that, there will be an appropriate action from your side to issue
instructions to all your police officers to respond to the CWC whenever they
find any of the children cases in their concerned jurisdiction. It is further
hope that, you will take necessary action on the cases of children who are in
need of care and protection that comes under Sec 2 (d) (i) to (ix) of JJ Act
shall inform to the CWC immediately by concerned station house officer.
The CWC is hereby wishing to look
forward for your splendid initiative for creating a “child friendly police system” in our Prakasam district.
Thanking you sir,
Yours sincerely,
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