Friday, 18 March 2016

Role of PD in Trafficking Case for support services

From:  [mail from:benzamincwc@gmail.com]
Sent Thursday, March 10, 2016 11:38 AM
To:
anand@helpap.in

Subject :  Role of PD in Trafficking Case for support services

Dear Sir,
Please give details from Role of Project Director, District Women and Child Development Agency in Anti Trafficking (as per G.O Ms. 1)

Answer:
District coordination Committee (DCC): The project Director (PD), WDCW is the main stake holder in activating the district coordination committee to combat trafficking. 
The PD should:

1.      Inform the District Collector about G.O. Ms. 1 and facilitate in the formation of the committee.
2.      Recommended the names of good anti-trafficking NGOs in the district of the collector so as to include them in the committee.
3.      Facilitate the meeting of the District co-ordination committee once in two months and send the proceedings to secretary, WDCW and Director, WDCW for the information to state Co-coordination Committee.

The Project Director should have close co-ordination with the Anti-Trafficking squad lead by the DSP, Prior to the rescue the PD should have the following ready:

1.      Inventory of items necessary to give as immediate relief to at least 75 victims such as
i)                    Cloths (Including undr garments)
ii)                  Towel, Soap, Oil sachet, Comb, tooth brush, tooth paste, sanitary napkins and diapers.
A proper record must be maintained and periodically checket.

2.      An updated list of shelter homes /fit institutions/Children‘s Homes /Short stay Homes / swadhar Homes. As soon as the girls are rescued by the squad the PD along with her officers will have to perform the following functions:

I) Identify and separate major victims.
II) Provide Immediate relief /welcome kit to the victims (a bag with immediate items for use)
III) Provide the list of shelter homes /Institutions /swadhar Homes to the police who in consultation with the PD and NGO can shift the victim to safe custody in appropriate
homes till legal formalities are completed.
IV) Take a special note of needs of the victims who are sick, lactating mothers and pregnant. (such as diapers for babies ,sanitary napkins, milk bottle ect..)
V) As the convener of the DC put up the proceedings and recommendations to the District Collector who is the Chairperson of DCC for release of immediate relief of the Victims (Rs.20,000)
VI) Support the ATS till the victims are safely sheltered for rehabilitation in Government
or NGO homes
VII) Ensure that no victim is restored to the family without a proper home Investigation
done through the local NGO or the probation officer.

Economic Empowerment:
Recommend the victims for appropriate livelihood training in Mahila Pranganam, SETWIN or NGO managed skill training which is connected to the job market. Care should be taken to ensure security of the victim.
Heath care Services:
Recommended to the Chairperson of DCC for the provision of Health cards for victims for free medical treatment in all Government Hospitals for all ailments including HIV/AIDS.
Education and Child Care:
Liaison with District Educational Officer for admission of the victims or children of victims to residential schools. Those children put in children’s homes should avail the facility of the respective homes for education.
Housing and Civic Amenities:
Recommended to the Chairperson of DCC to provide white ration cards, electoral photo identity cards and housing (under the weaker section housing scheme) for the victims.
The role of Project Director in anti-trafficking is as the Chief Liaison Officer among various
departments such as District Administration, Education, Housing, Revenue, Health ect. to
support the best interest of the victim to prevent re-trafficking.


Thanking you.

Tuesday, 15 March 2016

Key findings in SIR

From:  [mail from: wide.djyothi@gmail.com]
Sent Monday, March 7, 2016 16:31 PM
To:
helpap@gmail.com

Respected Sir,

What are the key findings required from a Social Investigation Report with respect to Child in need of Care and Protection /Child in Conflict with Law.

Answer:

Section 8 (3) (e), 1.1 (ii):

Social Investigation Report pertains to social investigation Child Welfare Police officer regarding CNCP, CICL whether such child has parents to take care of his/her, or has 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, Child Welfare Committee, Juvenile Justice Board passes orders based on Social Investigation Report.

Thanking you,

Publication should have Criteria


From:  [mail from: naibasha1970@gmail.com]
Sent Friday, March 4, 2016 11:28 AM
To: 
helpap@gmail.com

Respected Sir,
Anybody publishes children’s photo CNCP Issue what is the punishment, what act is saying? Please give an answer.

Dear Basha garu please check below details:

CHAPTER IX

OFFENCES AGAINST CHILDREN

 (Juvenile Justice Act-15)

Section 74 (1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published:

Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.

(2) The Police shall not disclose any record of the child for the purpose of character Certificate or otherwise in cases where the case has been closed or disposed of.

(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to
Two lakh rupees or both.

You can also contact in telephone with our HELP coordinator or head office at Ongole for more clarification.


Thanking you,.  

Sitting details


From:  [mail from: sreedeviyenda@gmail.com ]
Sent Friday, March 4, 2016 11:28 AM
To: 
helpap@gmail.com
Sir,
Namaskaram,
I heard there is changes from new act about sitting place that can be conduct any where any place. Please give answer with Section also.

Section 28 (2) Juvenile Justice Act:

A visit to an existing child care institution by the Committee, to check its functioning and well being of children shall be considered as a sitting of the Committee.

Thanking you,....

New CWC appointment

From:  [mail from: rdongonlr@yahoo.co.in ]
Sent Wednesday, March 2, 2016 10:31 AM
To:
helpap@gmail.com
Subject:   New CWC appointment

 Respected Sir,
Please give details about New Juvenile Justice Act details on Child CWC Appointment.
Thanking you sir,
E. Jayarao,
Member, CWC- Nellore district.  

 Thank you for the query sir, pl. Find the below details.

Section 27. Juvenile Justict Act-15

 (1) The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this Act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification.
(2) The Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters concerning children.
(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning.
(4) No person shall be appointed as a member of the Committee unless such person has been actively involved in health, education or welfare activities pertaining to children for at least seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development.
(5) No person shall be appointed as a member unless he possesses such other qualifications as may be prescribed.
(6) No person shall be appointed for a period of more than three years as a member of

(7) The appointment of any member of the Committee shall be terminated by the State Government after making an inquiry, if—
(i) he has been found guilty of misuse of power vested on him under this Act;
(ii) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee consecutively for three months without any valid reason or he fails to attend less than three-fourths of the sittings in a year.
(8) The District Magistrate shall conduct a quarterly review of the functioning of the Committee.
(9) 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.
 (10) The District Magistrate shall be the grievances redressed authority for the Child Welfare Committee and anyone connected with the child, may file a petition before the District Magistrate, who shall consider and pass appropriate orders.

Thanking you...

Monday, 29 February 2016

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

Sunday, 28 February 2016

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