instructions to the Police officer for booking FIR on Abuse case

PROCEEDINGS

RC No. CWC/PRK/0605/2013 dated 6^th May 2013

To,                                                                                                                  

The Inspector of Police,

Chirala (R), Epurupalem PS,

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 (Care and Protection of Children) Act 2000 r/w 2006.

This is to inform you that the Child Welfare Committee of Prakasam District had observed news that was published in a daily news paper Eenadu on 03^rd May 2013 regarding a sexual abuse against a girl child, aged 8 years who belong to Pullayapalem of Chirala mandal, Prakasam District by a neighbor named as Sambaiah, aged 30 years. It is come to know that the case had come to your station and a case has also been registered against the perpetrator. We appreciate your sincere efforts as per law in this regard.

But, as per Juvenile Justice (Care & Protection of Children) Act, 2000 R/w 2000, any case of the children below 18 years of the age and who are in need of care and protection must be produced before CWC within 24 hours of time. The CWC under Sec 31 (1 & 2) of JJ Act, 2000 r/w 2006 shall have the final authority and powers to disposal of the cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights. As per Sec 32(1) (i) of JJ Act 2000, R/w 2006 any police or special juvenile police unit or a designated police officer shall produce a child who is in need of care and protection before CWC. But as of now, the CWC has neither received the information nor had the victim girl been produced before it. It is an extreme violation of JJ Act.

Hence, the CWC of Prakasam Dist is hereby directed you to submit a comprehensive report on the case and register FIR under Sec 4 of POCSO Act 2012 and Sec 23 & 27 of JJ Act, 2000 amend 2006 along with appropriate Sections in IPC. It is further directed you to give an explanation with the reasons for not producing the victim girl before CWC and for not giving any information as of now.

Given under my hand with the seal of CWC dated this 6^th day of May 2013

Cc: 1. The Inspector of Police, SJPU, ONGOLE

      2. The Superintendent of Police, ONGOLE, Prakasam Dist for information

(Names changed to maintain anonymity)

CWC proceeding to Police Dept Officials

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 10^th 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,

Chairperson - CWC

 cc to:

 The in-charge, SJPU, Prakasam dist

(Names changed to maintain anonymity)

CWC Chittoor queries on child abuse case

To,

Sri Ramakrishna garu,

Chairperson – CWC,

CHITTORE Dist.,

We are very much thankful for calling me. We have established a HOTLINE Service for CWC members and social workers on child protection & anti-human trafficking issues for clarification of any of such doubts and for effective disposal of the cases through the group of experts. These clarifications will be not only in person but also published in the blog http://cwcinap.blogspot.in/ . We are here below mentioning clarifications for your queries as per best of our knowledge and experience so far in dealing with the cases of children who are in need of care and protection services.

Your case:

1.    Sexual abuse: A 13 years old minor girl belongs to Anantapur district has run away from her house and reached one of the places in CHITTORE district. She has been identified and produced before CWC of CHITTORE then CWC found that she is an orphan. One of her relatives has committed sexual abuse against the girl. It is found that, she is a pregnant of 4^th month while examining the case by CWC. And hence she ran away from the home.

2.    Trafficking case: A girl who is around 20 years old came from a poor family. She has been lured by the traffickers anyhow and has been entangled in prostitution. She has been rescued by the police and now is in the custody of court. There are not sound enough to engage a lawyer to release their girl. But, her parents are requesting to handover the victim girl and they would take care of her wellbeing properly hereafter. What are the steps to be taken to release the girl in this case?   

Your queries:

*  where a case is to be filed under POCSO Act 2012 either at Anantapur district or Chittore?

-          * The home authorities are rejecting to join the girl in the shelter home. Then what can we do?

-          * How to deal with the removal of pregnancy?

Clarifications for above queries:

·         Under Sec 39 (1) of JJ Act, 2000 It is mandate that any of the children below 18 yrs must be joined in the shelter homes especially in the Govt run Shelter Homes either Juvenile homes or Bala sadan run by Dept of WD&CW without making any objection. Simultaneously, under Sec 39(3) of JJ Act, 2000 the CWC is having the powers as a competent authority to restore any child in need of care and protection to a fit institution not only to his/her parents or fit person or guardian as well.

·         Being the bench of magistrates with the powers of first class Judicial magistrates the CWC is having powers under Sec 31 of JJ Act, 2000 to issue proceedings to local police to book a case against the perpetrators. It can also instruct further to suggest appropriate Acts and sections to be filed in FIR by keeping in view of the best interest of the child who is need of care and protection.

·         The CWC is having powers to record the statement of the girl under Sec 164 Cr. PC (4) and it can further issue directions to the police to book a case under Sec 4 of POCSO Act, 2012 and under Sec 23 & 27 of JJ Act, 2000 too.

·         The CWC shall instruct to local DPO (Dist Probation Officer under Dept of Juvenile Welfare) or the staff of DCPU or local NGO to identify the place of the victim girl, to conduct a social investigation and to submit a report to CWC with in a stipulated time which the CWC feels necessary for further proceedings for speedy disposal of the case.

·         Under Sec 49(1) of JJ Act, 2000 the CWC shall write a letter to the Superintendent of local Govt hospital to check up the girl to determine/diagnose the sexual abuse against the girl, for determination of age and further to ask the opinion of concerned medical doctor to state his opinion whether to remove the pregnancy or to keep as it is based on the physical and mental condition of the girl as well as by keeping in view of the best interest of the child too. At this moment the opinion of the girl after counselling services will be taken in to consideration before making orders for further action.

      Clarifications on 2^nd query:

1.       As per Sec 17 of ITP Act, magistrate takes decision for identification of real family members and safety of the girl for preventing from re-trafficking of the girl.

2.       A petition to be filed in DLSA for appointing an advocate at free of cost so as to deal with the case and for submission of petition on behalf of parents.

3.       Any NGO also can conduct Home Investigation and submit the report to court simultaneously, they can ensure follow up services after re-unifying with family to prevent from re-trafficking of the girl.

Pl see the Model formats for

• for Doctors medical certificate
• for case registration to the police
• for home to join the girl 

(Names changed to maintain anonymity)