letter for counselling centre at railway stations

---------- Forwarded message ----------
From: Poosarla Murali Krishna <mkpoosarlalcis@yahoo.com>
Date: Mon, Feb 29, 2016 at 8:33 PM
Subject: CHILD LINE COUNSELLING CENTER - REG
To: Ram Mohan <helpap@gmail.com>
Cc: Programme Officer - HELP <anand@helpap.in>

Respected Sir,

As per observation, there are more chances for Trafficking Children towards the railway junctions Srikakulam, Odisha, Rayagada, Berhampur, etc   There is dire need to establish a COUNSELLING CENTER at Vizianagaram Railway Station to observe these type of issues and to take care of proceeds to control the trafficking. 

In this connection we would like to appeal the Railway authorities in Vizianagaram to establish a Counselling Center at Vizianagaram Railway Station for initiating prevention of this trafficking.  

I request you to kindly send me the appeal letter to proceed with the concerned Railway Officers.

With Regards

POOSARLA MURALI KRISHNA

MEMBER-CWC

VIZIANAGARAM.

Ph 9603990979

AFTER CHILD MARRIAGE

From:  [mail from: kesalimacs@gmail.com: ]
Sent Wednesday, February 24, 2016 9:16 AM
To: helpap@gmail.com

Subject:  “AFTER CHILD MARRIAGE”:

Dear Sir,

 What Child Welfare Committee can do if the marriage has already taken place?

Thanking you,

Your’s faithfully ,

Kesali Apparao,

Chairperson,

Vizianagaram-CWC.

Child marriage represents one of the worst forms of violence against any child, depriving her/him of a childhood, and pushing her/ him into a phase of life for which they are not ready. It also deprives the child of all avenues for her/his own development such as education, health, choice in life decisions etc. Such a child is a child in need of care and protection.

Sec 2 of the Prohibition of Child Marriage Act 2006, defines child marriage as a marriage “where either of the contracting parties is a child.” Child marriage is illegal under this Act and offenders are liable for punishment. For boys the age of marriage is 21 years and for girls it is 18 years.

Specific legislation pertaining to child marriage Prohibition of Child Marriage Act 2006:

All offences under this Act are cognizable and non-bailable.

If the marriage has already taken place:

 In case the marriage has already taken place, then the first step of the CWC is to determine whether the person who is a party to marriage, is a child as defined under Sec.2 (k) of JJ Act.

CWC can order for verification of age as per Sec. 49 of the JJ Act.

The CWC then needs to determine whether the marriage in question took place or not. For determining both of the above, the CWC should rely on the findings of the police, report of Child Marriage Prohibition Officer and discussions with the child.

The CWC can check with the child if she was compelled into the marriage and give her information about her rights under the Prohibition of Child Marriage Act to call for the marriage to be voidable and her right to maintenance and action against the party that was involved.

 Custody of the child:

After determining that the person in the marriage is a child i.e below 18 years and in need of care and protection, the CWC should take custody of the child, especially where the marriage is void. In a voidable marriage, especially where the child may be of almost 18 years, the CWC through the PO may call the parents who should be counseled and through community processes with the involvement of the NGOs and panchayat, and through the signing of a bond, the families can be brought to agree that the child will stay with her family till she completes the age of 18 years.

The CWC is also authorized to take any child born out of this marriage into their custody along with the minor biological mother. The CWC may take decisions regarding the mother and the child keeping in mind the best interest of both.

 Procedures in Family Court

While the other legal procedures in relation to a case of child marriage or custody of children born out of such marriages will take place simultaneously in the Family Court or the sessions court/High Court, the CWC will focus on the rehabilitation plan of the child rescued from marriage or the child out of such a marriage

FAMILY TRACING MEMO

From:  [mail from: sweepngo@gmail.com: ]
Sent Tuesday, February 23, 2016 16:46 PM
To: helpap@gmail.com

Subject:  “ FAMILY TRACING MEMO”:

Respected Sir,

 Please give a format for child’s family tracing purpose. 

Thanking you,

Faithfully,

Ramana Murthy,

Member-CWC-Srikakulam.

ANNEXURE 8

FAMILY TRACING MEMO

CHILD WELFARE COMMITTEE, ……………………DISTRICT

Date:

Admn. No.

Probation Officer:

Police Station:

Case No.:

The Superintendent

…………………………………………………Name of Home,

………………………………..District

Boy child / Girl child: ……………………………

Under Section: …………………………………….

The above mentioned child has been ordered to be sent with (Women) Police Constable No. ………………. attached to SJPU, ……………………………… Police Station and Social worker for tracing his/her Parents.

The child to be brought back before 5.00p.m.

Case adjourned to:

Chairperson/Member,

Child Welfare Committee,

…………………………….. (DISTRICT)

Inter State & Country Transfer

From:  [mail from: upperrajkumar7@gmail.com: ]
Sent Saturday, February 20, 2016 9:23 AM
To: helpap@gmail.com

Subject:  “Inter State & Country Transfer”:

Namaskaramu,

Sir,  please give details about transfer between state and Country.

Thanking you sir,

Truly,

Raj Kumar. U.

Member-WG. Dist.

Inter State transfer:

In case of inter-state transfer, the transfer of the child should be through the CWC of the home district of that state, after getting permission or approval from the Commissioner/ Director of JWCS&WSC/ DWCD.

For this purpose, the case file of the child, with an application for the child’s transfer to the Home District of the child’s State has to be made by the CWC through the Superintendant/in-charge of the Home, who will submit it to the Department for scrutiny. The process of transfer is initiated, once the Department gives its clearance.

The process for inter district transfer detailed out above, is to be followed except change the word district to state. If there is no CWC in the home district of the child then contact should be made with the CWC closest to the home district of the child.

Inter Country transfer:

In keeping with the principles of the Convention on the Rights of the Child, a child, who is not a citizen of India, or is a foreign national and who has lost contact with his family shall also be protected. In such cases the child should be treated as a victim and not as a criminal. The procedure followed should be in the best interest of the child. Steps to be followed:

ü Production before Magistrate ·

ü Placement in shelter home ·

ü Identification of Child ·

ü Rescue/Ascertaining Nationality of the Child ·

ü CWC Home Investigation ·

ü Issuance of travel permit ·

ü Permission of Ministry of External Affairs

ü Repatriation order ·

ü Repatriation/Handing over to the Children Home/authorized institution of that Country.

DGP’s Instructions on Trafficking of Women & Children

From:  [mail from: cwc.antp@gmail.com  : ]
Sent Friday, February 19, 2016 12:23 PM
To: anand@helpap.in

Subject:  “DGP’s Instructions on Trafficking of Women & Children”:

Greetings from Ananthapuramu,

Sir, Our District is prone area for the trafficking of Women and Children. If find Women or Child in brothel houses, they can be arrested?  Please give details if there are any certain instructions from the Police Department.

Waiting for the reply,

Yours,

 Krishnamachari,

Member -Child Welfare Committee.

Ananthapur District.

Dear Krishnamachari Garu,

No, Women or Child cannot be arrested as per the Sec. 4 of Immoral Trafficking Prevention Act- 1956. Office of the Addl. Director General of Police C.I.D A.P. Hyderabad was circulated a Memo on Trafficking of Children and Women on 19^th. April, 2003.

Please find the details as below:

C.No. 21/DIG/WPC/CID/2003.

CIRCULAR MEMO

Sub: Trafficking of women and children – Certain instructions-Reg

Ref: C. No. 21/SP(WPC)CID/202, Dt: 219-2002 of Addl. DGP, CID, AP, Hyd.



                In the meeting of the State Co-ordination committee on Trafficking of women and children held on 3-2-2003 in the chambers of Chief Secretary, it was pointed out that majority of the cases booked were against the victims/sexworker U/s, (4) of ITP Act and not against the traffickers. Sec.(4) of ITP Act states that any person living on the earning of the prostitution of any other, person is liable for the offence under this section and not the victim who is indulging in prostitution for her own living. Thus the victim women cannot be booked under section (4) of ITPA. Like-wise it was already pointed out in the memo C. No. 21/SP(WPC)CID/2002, Dt: 21-9-2002 of Addl. DGP, CID, AP, Hyderabad, that cases against women victims of sexual exploitation should not be booked U/s. 8 of ITPA for soliciting and only pims / Organizers/Traffickers should be booked. In spite of the instructions issued, cases are being booked against victims U/s. 8 of ITP Act by some unit officers. It should also be borne in mind that during any raids on a brothel house, if a minor girl is found a victim, a case should also be booked under rape ie., 376 IPC against the male customers and traffickers, organizers and pimps.

            Hence, all the Supdts. of police and Commissioners of Police are instructed not to book repeat not to book the victim women for soliciting. Our endeavor should always be to bring the traffickers and organizers to book. If, in future, any cases are booked against the women for soliciting, the explanation of the concerned officers be called for and action initiated against them. All Ss.p and Cs.P will acknowledge the receipt of this memo.

for ADDL. DIRECTOR GEN. OF POLICE

C.I.D., AP. HYDERABAD.

To

All Supdts. Of police, A.P.,

All Commissioners of Police, A.P. State,

Copy to Principal Secretary, Home Department, Govt. of A.P. Hyderabad for information. 

Adoption & CWC Role

From:  [mail from: cwc.vizag@gmail.com  : ]
Sent Friday, February 19, 2016 10:48 AM
To: helpap@gmail.com

Subject:  “Adoption & CWC Role”:

Good Morning,

We would like to know few procedures about the role of Child Welfare Committee in Adoption case.

Thanking you,

Truly

Yours,

Chairperson & Members.

Child Welfare Committee,

Visakhapatnam District. A.P

Procedure to be followed by CWC:

Any child who is legally free to be adopted and is below 18 years, CWC to ensure that such children are immediately placed in children home with a license/SAA to undertake adoption.

No child shall be offered for adoption

1. Till the two months period for reconsideration by the parent is over in the case of surrendered children, and

2. without her/his consent in the case of a child who can understand and express her/his consent.

Issues relating to transfer an orphan, abandoned or surrendered child shall be placed as far as possible with the nearest LAPA/SAA by an order of the CWC. All transfers shall be carried out as per S. 57 of the JJ Act 2006. SAA/LAPA may transfer a child to another of its branch within the State provided that the branch to which the child is being transferred has an independent license and the CWC has declared the child free for adoption and issued a transfer order. It is the role of the CWC to review whether adequate efforts have been made for adoption of the child by that branch, or to find a suitable adoption agency within the district, prior to issuing such a transfer order. If there are older children who have not been adopted – (particularly when the child declared legally free for adoption by the CWC is above 6 years and the agency where the child is placed has a license to keep children for adoption up to 6 years of age only), the CWC should take stock of the efforts made by that agency, and transfer such a child to another home with a license for adoption for older children so as to address the age specific rehabilitation needs of the child. Likewise for older children and special needs children, if Indian adoptive parents have not been found, it is necessary that such children are placed in Recognized International Placement Agency (RIPA) that are licensed for inter-country adoption, as per CARA guidelines notified by Govt. of India.

Transfer of the child from one institution to another, should be accompanied by available documents pertaining to his or her admission, preliminary case history, documentary evidence to prove that the child is legally free for adoption, and a permission letter for transfer of the child. The SAA/RIPA/Children Home with license for adoption shall verify all the facts before accepting the child, as it is legally responsible for the placement of the child. If the child’s parents are dead or deserted and the child has been placed by the child’s guardian or family member in the JJ System for care and protection through the CWC, it must be noted that such a child is not an orphan (see definition above). He/she cannot be declared legally free for adoption, until the relative or guardian surrenders the child or gives their consent to declare the child legally free for adoption.

Thanking you…..

“Appointment of Child Marriage Prohibition Officers”

From:  [mail from: jjraj@gmail.com : ]
Sent Wednesday, February 17, 2016 12:38 PM
To: helpap@gmail.com

Subject:  “Appointment of Child Marriage Prohibition Officers”:

Respected Sir,

Please give few details about Child Marriage and who are Prohibition Officer’s in Child Marriage Act.

Thanking you,

Sincerely,

Jayaraj. Jakkula.

Member,

Krishna -CWC

“Appointment of Child Marriage Prohibition Officers”:

The Govt. of Andhra Pradesh, vide GO Ms.No. 13, Dept. for Women, Children, Disabled & Senior Citizens Dept., dt. 19.3.2012, appointed the following Officers as the “Child Marriage Prohibition Officers” (CMPO):

(1) The District Collector of the concerned District is District CMPO. (2) Revenue Divisional Officer (RDO)/Sub-Collector at the divisional level. (3) The Child Development Project Officers (CDPOs) at the Project level covering 3-5 mandals which is under their jurisdiction. (4) The Tahsildars at the Mandal level for the villages which are under their jurisdiction. (5) The ICDS Supervisors at the Mandal level covering their respective villages under their jurisdiction. (6) The Panchayat Secretaries of the Panchayat Raj Dept. and Village  Administrative Officers of Revenue Department at the Village level.

Specific Procedure to be adopted by CWC when a case of child marriage is brought before the CWC. In addition to the Standard procedures to be followed as laid out in Chapter 3 the following Special Procedures have to be followed whenever a case of child marriage is produced before the CWC. The CWC will pursue all cases of child marriage from the standpoint of the care and protection issues facing the child, keeping in mind the best interests of the child and her protection within and outside the marriage (matters of maintenance and custody of her child.). The rehabilitation of a child rescued from this offence also falls into the domain of the JJ System. If the child does not have anyone to file a case in the Family Court (that addresses matters under the Prohibition of Child Marriage Act) on her behalf, the CWC can call for a legal counsel to be arranged for her.

Also you can refer our CWC Standard Operating Procedures from Pg. No. 35 to 38