Wednesday, 28 September 2016

Bondage Labour - Punishment


From:RameshBabudr.ramhyd@gmail.com
To: SUBBARAO BOINA <bsubbaraodc@gmail.com>,
Date: Wed,6th  2016 at 1:44 PM
Dear sir,
Please give details on punishment prescribed for exploitation of a child employee under bondage?
With regards
Dr Ch.Ramesh Babu
Chairperson –CWC
SPSR Nellore District

Respected Sir,
Please find below punishment prescribed for exploitation of a child employee under bondage  for your kind reference
Sec 79: Exploitation of a child employee under bondage
Whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to a fine which may extend up to one lakh rupees

With regards


HELP,ONGOLE 

Suffering from a Long Disease-Treatment .


From:  [mail from:btreddygm@gmail.com]
Sent: Thursday, September 8, 2016 11:22 AM
To: helpap@gmail.com

Respected Rammohan Garu,
 Sir,
What is the procedure when child has long disease?

Thanking you,
 Your’s sincerely,  
B.T. Reddy,
Member,
Child Welfare Committee, 
Dist. Mahaboobnagar
Telangana State.

Respected  Reddy Garu,
Please find few details below as per your Mail. 

Section 92 of Juvenile Justice Act – 2015.

                When a child, who has been brought before the Committee or the Board, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the Committee or the Board, as the case may be, may send the child to any place recognised as a fit facility as prescribed for such period as it may think necessary for the required treatment.

Reddy garu, please call us for more details to discuss on best Practices in different places.   

Thanking you.

Review of pendency of inquiry.


From:  [mail from:modukurisrinivasarao@gmail.com]
Sent: Monday, September 5, 2016 5:23 PM
To: helpap@gmail.com

Dear Rammohan Garu,
 Sir, please give few details about pendency of Social Investigation Report
Thanking you,
 Your’s sincerely,  
M. Srinivasa Rao,
Member,
Juvenile Justice Board,
GUNTUR Dist.

Respected Srinivas Garu,
Please find few details below as per your phone conversation & Mail

Section 16 of Juvenile Justice Act-2016.

Sub Section: (1)
The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board once in every three months, and shall direct theBoard to increase the frequency of its sittings or may recommend the onstitution of additional Boards.

Sub Section: (2)
The number of cases pending before the Board, duration of such pendency, Nature of pendency and reasons thereof shall be reviewed in every six months by a high level committee consisting of the Executive Chairperson of the State Legal Services Authority, who shall be the Chairperson, the Home Secretary, the Secretary responsible for the implementation of this Act in the State and a representative from a voluntary or nongovernmental organisation to be nominated by the Chairperson.

Sub Section: (3)
The information of such pendency shall also be furnished by the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and the District Magistrate on quarterly basis in such form as may be prescribed by the State Government.

Please refer Juvenile Justice New Act for more information. 

Thanking you. 

Runaway or Missing from an Institute action shall be taken within 24 Hrs.


From:  [mail from:suha195354@yahoo.com]
Sent: Monday, September 5, 2016 11:16 AM
To: HELP

Respected Sir,
 Who is the responsibility if child escaped from an institution?
Thanking you,
 Your’s sincerely,  
K. Suhasini Devi,
Member, JJB, Krishna.

Respected Madam,
Thanks for the query. Please find few details as below:

Section 19 of Juvenile Justice Act – 20-15

Runaway or Missing Child or whose parents cannot be found:
(S. 2 (14) (vii), 26 (2) of the Act)- parts are new

In the event of a runaway or missing child or whose parents, the following action shall be taken within twenty-four hours,-

Sub Section: 1)
The person-in-Charge of the institution or the parent or guardian where the child ran away from or is missing or any person who knows the parents of the child to be missing as the case may be ; shall immediately send a report or approach the area Police Station or Special Juvenile Police Unit or Child Welfare Police Officer along with the details and description of the child, with identification marks and a photograph, with a copy to the Board, District Child Protection Unit and other authorities concerned;

Sub Section: 2)
The person-in-charge of institutions shall send the guards or concerned staff in search of the child, at places like railway stations, bus stands and other places where the child is likely to go;

Sub Section: 3)
The parents or guardians shall be informed immediately;

Sub Section: 4)

The person-in-charge of an institution shall hold an inquiry about such child and send his report to the Board or Committee and the authorities concerned.

Child Sexual Abuse - Role of CWC?.


From:  [mail from:spandanaramani@gmail.com]
Sent: Saturday, september 3, 2016 8:12 AM
To: HELP

Respected Sir,
Can you give details on Child Sexual Abuse and Role of Child Welfare Committees including related sections?
Thanking you sir,
 Your’s.
S. Ramani,
Visakhapatnam

Respected Madam,

Please find the Answer for your need in Child Sexual Abuse case.

CHILD SEXUAL ABUSE AND RAPE
The World Health Organization defines child abuse as “all forms of physical and or emotional ill treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival development or dignity in the context of a relationship of responsibility, trust or power.”

CHILD SEXUAL ABUSE MEANS:
It includes all forms of sexual assault, exploitation, harassment and pornography related offences as referred under the provisions of Protection of Children from Sexual Offences Act 2012.

ROLE OF CHILD WELFARE COMMITTEE:
(A) When the information is received by a CWC from any source including the media regarding sexual abuse of a child under its jurisdiction the committee should take the following steps:
1)    Acknowledge receiving the information on record, take suo-moto cognizance of cases brought to notice and seek a report from local police within shortest possible time.
2)    A copy of such order should be mailed / faxed or sent by hand to the Police Station and to the State/District Child Protection Unit seeking necessary support in dealing with the cases.
3)    In case of no response from Police, there must be a follow-up in a time bound manner. Matter must be brought to the knowledge of the senior police officers for necessary action. The State / District-CPU should also be kept informed about action taken.
4)    Make efforts to locate the whereabouts of the victim and provide assistance by way of counselling, medical etc.

5)    RELEVANT SECTIONS OF INDIAN LAW ( IPC )
1.     Section 366A of Indian Penal Code- Procuring of minor girl
2.     Section 366B of Indian Penal Code - Importation of girl from foreign country
3.     Section 367 of Indian Penal Code - Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc
4.     Section 372 of Indian Penal Code - Selling minor for purposes of prostitution etc.
5.     Section 373 of Indian Penal Code - Buying minor for purposes of prostitution.
6.     Section 375 of Indian Penal Code- Rape
7.     Section 376 of the Indian Penal Code- Punishment for rape
8.     Section 377 of the Indian Penal Code- Unnatural offences
9.     Section 354 of the Indian Penal Code- Assault or criminal force to woman with intent to outrage her modesty
10.                        Section 511 of the Indian Penal Code- Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
11.                        Section 23 of the Juvenile Justice (CPC) Act 2000
12.  Protection of Children from Sexual Offences Act 2012.



Thanking you Madam,

Monday, 5 September 2016

punishment prescribed for exploitation of a child employee under bondage

 From:RameshBabudr.ramhyd@gmail.com
To: SUBBARAO BOINA <bsubbaraodc@gmail.com>,
Date: Tue, Aug30, 2016 at 1:44 PM
Dear sir,
Please give details on punishment prescribed for exploitation of a child employee under bondage?
With regards
Dr Ch.Ramesh Babu
Chairperson –CWC
SPSR Nellore District

Respected Sir,
Please find below punishment prescribed for exploitation of a child employee under bondage  for your kind reference
Sec 79: Exploitation of a child employee under bondage
Whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to a fine which may extend up to one lakh rupees
With regards

HELP,ONGOLE 

Tuesday, 30 August 2016

NEEDED ESCORT ORDER FORMAT What are the basic parameters for fixing up ‘age’ of Children?

From: Poosarla Murali Krishna [mailto:mkpoosarlalcis@yahoo.com] 
Sent: FRI ,19Aug, 2015 18:36
To: 
help@helpap.in
Subject: NEEDED ESCORT ORDER FORMAT What are the basic parameters for fixing up ‘age’ of Children?
Respected sir ,

Please give details on age fixing  of children who are in need of care and protection  by Child Welfare committee ?

Thanks and regards
P.Murali Krishna
Member - CWC
Vizianagaram

Dear Member thanks for mail on age verification, please find below details for your reference

                ‘Age’ being crucial determining factor, Investigation officer/SJPU/Child Welfare Police Officer should follow Section 94 for obtaining age proof (birth certificate from Panchayath/Municipal / School / Matriculation date of birth). In the absence of such record ossification test to be conducted by Forensic professional for age determination

With regards
NVS Ram Mohan
HELP