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


Role of SJPU in JJ Act,2015


From: sneha.org@rediffmail.com
Date: Mon,Aug22,2016 at 2.:30 PM

To: help.org <helpap@gmail.com>  

Dear Rammohan garu
Please give few details on  Special Juvenile Police Unit officers?               
Ans.       Guidelines for Police Officers of the Special Juvenile Police Unit (S.J.P.U) in relation to Children in Need to Care and Protection (CNCP) / CICL (Children in Conflict with law)
Juvenile Justice (CPC) Act 2015 (Act 2 of 2016) (Sec 107) mandates specific function for SJPUs. Similarly POCSO Act 2012 r/w rules 2012 envisages (vide Rule No.3, 4 and 5), specific role for SJPUs. The other stake holders are CWC (Child Welfare Committees) Chairperson and members, DCPUs (District Child Protection Units), C.W.P.O (Child Welfare  Police Officer) of Police stations, who deal with CNCP (Child in need of Care and Protection) and CJCL (Child in conflict with law). The objective is to bring them back to main stream and make them responsible citizens.  The Government of Andhra Pradesh vide G.O.Ms No.12 Home (Services-I) dept., dated: 11.02.2016 have designated all Addl. Superintendents of Police/Dy. Commissioner of Police or Addl. Deputy Commissioners of Police, Andhra Pradesh as heads of Special Juvenile Police Units under the direct supervision of the respective Unit officers in district,   Jt. Commissioners / Dy. Commissioners of Police (Crimes) in Commission rates  and the Station House Officers/ Sub Inspectors of Police of all the Police Stations including Railways in the State of Andhra Pradesh as Child Welfare Police Officers to discharge the mandated functions.


Roles and Responsibilities of DCPU as per JJ Act2015


From: sneha.org@rediffmail.com
Date: Mon,Aug22,2016 at 2.:30 PM

To: help.org <helpap@gmail.com>  

Dear Rammohan garu

What is meant by DCPU and what are the duties of DCPUs as per the Act 2015?
Ans.       District Child Protection Unit is a team of Child-friendly staff of women and Child Welfare Dept. DCPU consists of
(i)            District Child Protection Officer (may be Govt employee or outsourced as in AP)
(ii)          Protection Officer for institutional Care / Non-institutional care.
(iii)        Social Worker and
(iv)         Outreach Worker
In AP, the WCD has a sister Dept. called Juvenile Welfare Dept. which has a District-wise set up of
(i)            District Probation Officer (Govt. employee)
(ii)          Superintendents of Homes,
(iii)        Protection officer (for institutional care)
(iv)         Social Worker and
(v)           Outreach worker (all (iii) to (vi) are outsourced)
(vi)         Counselor
The detailed roles and responsibilities of DCPU are:
1.       Works under the overall supervision of District Magistrate:
The District Child Protection Units (DCPU) shall function under the overall administrative control and supervision of the District Magistrate of the concerned district. The District Magistrate shall be responsible for effective implementation of ICPS and all other child protection policies and programs at the district level. He/she shall also be the co-chairperson of District Child Protection Committee (DCPC). The DCPC shall be chaired by the Chairperson Zilla Parishad.
2.       District Child Protection Officer (DCPO):
The District Child Protection Officer (DCPO) shall function as the head of the DCPU and shall be responsible for carrying out all day to day functions of the DCPU at the district level. The DCPO shall be appointed either by deputation or on contract. In districts where a district level officer of the ICPS implementing department (Social Welfare/Women and Child Development) is available he/she shall function as the DCPO. In districts where such officer does not exist, the post of DCPO shall be filled by deputation/contract.
a.             The DCPO shall coordinate and supervise implementation of the ICPS and all other child protection activities at district level including monitoring and supervision of all institutions/agencies/ projects/programs/NGOs and shall report to SCPS at the State level. For the purpose of coordinating non-institutional care program at district level, he/she shall report to SARA (State Adoption Resource Agency) at the State level. The DCPO shall be responsible for coordinating development of an Annual District Child Protection Plan, resource directory of child related services and child tracking system at the district level.
b.             He/she shall also be coordinating and networking with all the line departments/officers including.


                                        i.                   District Magistrate
                                      ii.                   District Judge
                                    iii.                   Superintendent of Police / Special Juvenile Police Unit (Addl. SP in AP)
                                     iv.                   Child Development Project Officer (CDPO)
         v.                   Labour Officer, Education officer
       vi.                   Chief Medical officer (CMO)
     vii.                   Municipal Authorities
   viii.                   Members of Zilla Parishad and other local bodies


c.              Besides, he/she shall also coordinate with :
                                        i.                   Juvenile Justice Board
                                      ii.                   Child Welfare Committee
                                    iii.                   Voluntary organisations
                                     iv.                   Child line Services
                                       v.                   Hospital/Nursing Homes
                                     vi.                   Other authorities at district level who have direct or indirect impact on child protection programs/services
d.             He/she shall head the Home Management Committee of every institution in the district and recommend suitable institutions for release of grants from the SCPS. He/she shall conduct a monthly review meeting with all stakeholders including representatives of community and local bodies as well as media.
e.             Both the District Probation officer & DCPU have the following responsibilities:
                                  i.                   To undertake a Social Investigation into the case and submit Social Investigation Report within 15 days to the Board (Sec 8).
                                ii.                   To coordinate with SJPU/Child Welfare Police Officer after apprehension of the CICL for counselling etc.
                              iii.                   To inform the parents/guardians of such child on being found or apprehended by Police (Sec 13)
                               iv.                   To take up follow up action on receipt of final orders of Children’s Court with regard to CICL to implement individual care plan for the rehabilitation of the child (Sec 19(2))
                                 v.                   To submit periodic follow up reports annually to the Children’s Court when CICL is lodged in Place of safety or (Special Home in the absence of place of safety) to evaluate progress of the child (Sec 19 (4))
                               vi.                   To submit follow up report to the Children’s Court on completion of 21 yrs of age duly evaluating whether such child has undergone reformative changes and whether the child can be contributing member of the society, so as to enable children’s court to decide whether to release the CICL with certain conditions or to send him to regular jail for completion of the remainder of the term (Sec 20)
                             vii.                   To provide a Secretary and other staff for CWC for its effective functioning (Sec 37 (3))
                           viii.                   To conduct a Social Investigation Report (SIR) and to submit to the Child Welfare Committee (CWC) (Sec 30 (iii))
                               ix.                   To follow the recommendation of CWC’s monthly inspections/visits to various Homes for improvement in quality of services (Sec 30 (viii))
                                 x.                   To coordinate with the Police, labour depts and other agencies involved in care and protection of Children for follow up action (Sec.30 (xv))
                               xi.                   To follow the direction of CWC in case of a complaint of abuse of child in any child care institutions (Sec 30 (xvi))
                             xii.                   To produce any child in need of care and protection (CNCP) before the committee (Sec 31)
                           xiii.                   To report to the Child line services or at Police station or to a CWC on coming to know of any abandoned or lost child, or an orphan without any family support (Sec 32 (1))
To upload the information of a lost or orphan child in the AP Police intranet through SJPU/CWPO and in khoyapaya.com (Sec 32 (2))
Please find answer as bellow
As per Sec 3, the following basic principles are guiding factors in the administration of JJ (CPC) Act 2015
               i.              Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years.
             ii.              Principle of dignity and worth: All human beings shall be treated with equal dignity and rights.
           iii.              Principle of participation: Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child.
            iv.              Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.
              v.              Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.
            vi.              Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter.
          vii.              Positive measures: All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act.
        viii.              Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used in the processes pertaining to a child.
            ix.              Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.
              x.              Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child.
            xi.              Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process.
          xii.              Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional care as a step of[ last resort after making a reasonable inquiry.
        xiii.              Principle of repatriation and restoration: Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest.
        xiv.              Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances.
          xv.              Principle of diversion: Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole.

Principle of natural justice: Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act