apprehension of a minor boy at Vetapalem PS

---------- Forwarded message ----------
From: Grand NGO <grand.podili@gmail.com >
Date: Tue, Apr 21, 2015 at 12:19 PM
Subject: RE: Request for Block placement to MSW students
To: "help.org" <helpap@gmail.com>

Respected sir

as you know that there is a news published in local news paper with regard to the apprehension of a minor boy in Vetapalem PS.. so please give your suggestion to take action aganist the Vetapalem Police officers

regards

Chairperson - CWC 

Prakasam District 

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Response from HELP- Hotline Services

PROCEEDINGS

CWC/PRK/2104/2015/Dated 21^st Apr 2015

To,

The Sub-Inspector of Police,

Vetapalem Police Station,

Prakasam Dist.

The Child Welfare Committee as per Section 29(5) of the Juvenile Justice (Care & Protection of Children) Act, 2000, amend 2006 is a statutory authority constituted by the Govt. of AP and functioning as a Bench of Magistrates with powers of Judicial Magistrates of the First class.  The Child Welfare Committee (hereinafter CWC) under the Act is the final authority to dispose of cases concerning children (not completed 18 years of age) in need of care and protection in terms of their development, care, treatment and rehabilitation. The CWC is also empowered to inquire into offences committed against children.

The Child Welfare Committee is hereby came to know that, a minor boy named as Ananda Rao Kattula S/o Srinu has been kept in detention by force in your PS since 3 days moreover with hand-cuffs and fetters with an alleged reason of suspected involvement of the said boy in some other earlier cases. It was come to know that, the boy has been taken in to apprehension at Vetapalem railway station and handed over to your sentry at your PS.

But, in accordance with the pertinent legislation i.e. Juvenile Justice (Care & Protection of Children) Act, 2000 amend 2006 it is extreme violation of child rights. Being a law enforcement agency you are meant to implement concerned legislations without giving scope to any violations. But, it is ridiculous to know in this particular case that you have violated the law.

As per Sec 10 of JJ Act, 2000 amend 2006 as soon as a juvenile in conflict with law is apprehended by police; he shall be placed under the charge of the special juvenile police unit or the designated police officer who shall immediately report the matter to a member of the Board and produce before it within 24 hours time.  But, as per source of news paper the boy has been under your detention since 3 days. Under Rule 76 of JJ Model Rules, 2007 no juvenile should be detained with handcuffs and fetters.

As per Sec 23 of JJ Act, 2000 amend 2006 there should be punishment for cruelty to juvenile or child.- Whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed o neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.

In this context, the CWC is hereby seeking your written explanation for violation of JJ Act, 2000 amend 2006 by attending before CWC in person within 3 days. And it is further directed to book a case under Sec 23 of JJ Act, 2000 amend 2006 against the constable who committed violation of said legislation and violation of child rights and submit the copy of FIR along with your explanation on the whole issue.  

Given under my hand with the seal of CWC dated this 21^st Day of Apr 2015.

Cc:

1.       The Circle Inspector of Police, Vetapalem

2.       The Inspector of Police, SJPU, ONGOLE for follow-up

3.       The Dy. Superintendent of Police, CHIRALA Division

4.       The Superintendent of Police, Prakasam District, ONGOLE

no sexual contracts with boy

---------- Forwarded message ----------
From: CWC Kurnool <bathulachinnaiah@gmail.com >
Date: Mon, Apr 20, 2015 at 11:00 AM
Subject: clarification about POCSO - CWC Kurnool
To: "help.org" <helpap@gmail.com>

Respected Sir,

This is to have a clarification with regard to a case in which a minor girl (15-16 years) has been taken away by another  boy aged 19 years. The girl has been produced before CWC of Kurnool district. The members have been interacted with the girl and found few details. The girl says they have been spent for nearly a week long together. But, no sexual contacts occurred between them as per the girl’s statement. Parents of the girl suspecting something was happened and hence they want to book a case against the boy.

Here, we request you to please guide us whether a case under POCSO Act is applicable against the boy? Or under which legislations case can be filed?

We request you to please suggest us appropriately that enables us with further proceedings in this case.

Thanking you sir,

Member

CWC – Kurnool Dist

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dear sir

Greetings 

thanks for your mail. pl follow the bellow points..

• send for medical examination
• if family & the girl accepted pl handover to family members
• first you check with the police people..regarding the registration of FIR  and what sections they are booked against boy?
• pl ask DCPU people for give counseling services to the girl ? and asked the counselling report ?

based on that your CWC committee member will be think what we can do?  in the best interest of child

Regards

HOT LINE SERVICES Team

request for response from CWC Krishna

---------- Forwarded message ----------
From: KRISHNA CWC <cwc.kri@gmail.com>
Date: Sat, Apr 18, 2015 at 8:50 AM
Subject: Fwd: Notice from Project Director Women and Child Development - Urgent Attention
To: Ram Mohan <helpap@gmail.com>, pavan@helpap.in
Cc: bhaskar v <v.bhaskar001@gmail.com>

Dear Sir

Greetings

As instructed by CWC members I am forwarding the mail from Forum for Child Rights requesting for appropriate reply to the letter from P D , DW&CDA. Scanned copy of the letter is attached for your reference. 

Thank you sir

With regards

Vijaya

for CWC Krishna

---------- Forwarded message ----------
From: Forum CHILDLINE <forumforchildrights@gmail.com>
Date: Fri, Apr 17, 2015 at 4:06 PM
Subject: Notice from Project Director Women and Child Development - Urgent Attention
To: noel <noel.harper@careshareindia.org>, frbalashowry@rediffmail.com, Koteshwara rao <bskprofit@yahoo.co.in>

Dear Sirs,

We are in receipt of a notice from Project Director - Women and Child Development, Krishna for applying for license to run a shelter.  

I am enclosing the notice for your information and persual.  As on date we are disposing the cases that are reffered to Childline immediately i.e. within 24 hours. The existing TANA shelter cannot comply with the facilities mentioned in the web site.  

Kindly go through the Notice as we need to respond to the notice by April 26, 2015.  

Thank you.

Sincerely

John Raju.

            

 

-- 

child marriage case

From: CWC Kurnool [mailto:cwc.kurnool@gmail.com]
Sent: 18 April 2015 19:38
To: 'help.org'
Cc: 'HELP - Ongole'
Subject: suggestion for child marriage case

Respected Sir,

We are from the CWC of Kurnool district. This is reference to a child marriage where a girl has been rescued and the case brought to the notice of CWC. Here, while going through the formal examination of the case it is found two difference ages for the rescued girl as per records. First one is as per the panchayath birth registration certificate that defines the age of the girl is 19 years. It is fit with the records at Anganwadi centre where the child got educated and accessed services during her tender age.

Whereas the  school certificate of the girl shown 17 years only. When the parents asked for their explanation, they told that, they belongs to a poor family from rural background and they have joined their girl in to school at some late years during her childhood. In this situation, what is the testimonial determination for the age of the girl to be taken in to consideration of CWC for further proceedings in this case?

We request you to please clarify the above issue at an earliest possible.

Thanking you sir,

With regards,

Member,

CWC – Kurnool.

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Respected Sir,

Thanks for seeking our assistance and clarification for the age determination issue in a child marriage case. In fact, it is always deserved to take in to the consideration of Birth Registration Certificate of a Child in any issue and also during all other normal situations. If Birth Certificate is not available in any case, then only we will take the school certificate in to consideration. Anyhow, it would better to instruct DPO or DCPU staff for social investigation at the girl’s native place and where she is residing at present. But, finally Birth Certificate is the main proof for determination of age.

This is for your information,

With best regards,

Ram Mohan NVS

misbehavior of one of CWC member

---------- Forwarded message ----------
From: T N SNEHAN <cwc.elur@gmail.com>
Date: Tue, Mar 31, 2015 at 2:44 AM
Subject: wg letter
To: Ram Mohan <helpap@gmail.com>

Dear sir as per our phone conversation I have been sending the letter to you on the issue of misbehavior of one of our CWC Member. Please correct the bellow letter and then resend to me. On this letter kindly give us your suggestion for further steps and legal action.

--

With Warm Regards

Yours Child Rights activist of child in need of care&protection

T.N.SNEHAN

Chairperson,

CHILD WELFARE COMMITTEE

(Bench of Magistrates)

Office:Sanivarapupeta,ELURU

Residence: Koyyalagudem

West Godavari District,AP,INDIA

Tel:+91 9347502657/+91 9492402657

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To,

The Director

Dept. of Juvenile Welfare and Correctional services

Saidabad, HYDERABAD

Madam,

            SUB:- To take action against the CWC member Sri K. Satyanarayana-Reg.

REF:- 1) Resolution No.488/wg-cwc/2015,Dt:30-03-2015

          2)  Section 29(4) (I) of Juvenile Justice Act 2000/2006.

******

As per 1^st reference cited the Child Welfare Committee (CWC) passed the resolution for take the displanary action against the CWC member Sri Katta Satyanarayana by keeping in view of his misbehavior with rest of the members in the committee. Frequently, he is committing such ill practices in the CWC sittings causing intense inconvenience to the members. During sittings and at other times too he is swearing out loud in front of the clients and officials like superintendent, convener and case worker, and DCPU staff.

Previously Mr. Satyanarayana is mistreated to women members and used very unparliamentarily words against Mrs. P.Vijaya Lakshmi and Mrs. Ch. V. P. N. Lakshmi. So many times we are all suffered with his wicked language. He is using abuse words to women members with singular noun and other inexplicable words.

On 14-11-2014 Mr. Katta Satyanarayana went on with aggressive language against home superintendent   Mr. T. Madhusudan rao with rough and uncivilized language with rude behavior and has given a warning to him. In every sitting he is creating problems to rest of the members.  Intentionally he was drawing the attention to the climate scare to each of the   members. All the members including chairperson and members of CWC are suffering with his rude behavior. Recently, he threw case papers on a Social Worker of DCPU. He is using abusive language against Child-line 1098 staff who brought children before CWC and were given rough response by him. He used to talk with adolescent girls separately but not in sitting bench; those girls have brought to the notice of our women member about his abusive questions. Anyone who comes to the CWC, he specifically used to tell them that it is not a court; CWC members are not lawyers or judges, why did they have brought their children to CWC? And also, he is misguiding the people that it is a orphan home and hence normal children should not join here. So many times he is giving his phone number to every client and keeping separate communication with them. He is preparing complaint against CWC and home authorities in the names of those clients on behalf of them and sending to Secretary, District Legal Service Authority.

  

On 30-03-2015 day during sitting, one of the members of CWC Mr. U. Raj kumar raised a question about sittings and the chairperson tried to respond for the same. Mr. Satyanarayana entered in the middle of discussion and shouting bigger with rude behavior against the Chairperson, he established posts in the push to swoop down into the chairperson. All the persons who are presented there were suddenly shocked for the moment. It is sorry to say that, the bitter incident was occurred in front of case worker Sri Krishna Rao and social worker of DCPU Mr.Srikanth.

The above sad incident was not held the first time, he has created such incidents very often caused very much disturbance the proceedings of CWC. He is demanding all children should release or restore without any enquiry. We are not accepting his demand which will be very harmful to the children reuniting with family without knowing the situation at their families. He is attending to the sittings after 3.30PM and when we are all already interacted with the children produced before us. After his arrival he at once starts his way of interaction with those children that destroys the entire climate and child friendly environment prevailed then and children also feel very much discomfort with his presence. Because of his bigger shouting words, all public are strangely gathered for watching the sittings like movies. We are felt very unhappy and ashamed with his attitude. His adverse behavior claim such a bad reputation not only on CWC but also on to the Dept of Juvenile Welfare, Govt of A.P.

Hence, it is hereby humbly request you madam, to please look into the matter and request you to appoint a fact finding committee with senior departmental officers and CWC experts to deal the issue. The committee shall interact with all the persons in this issue such as CWC members, home staffs including superintendent, staffs of DCPU and CHILDLINE mentioned above and all relevant persons in presence of the committee. And verification of relevant registers, records and other documents is also helpful to find out the realities and take appropriate decision. Finally, we would leave the decision/action against the said member of CWC to the conscience of the Departmental authorities with a trust of justice in this regard.

Given this under my hand with the seal of CWC dated this 30^th March 2015

MEMBERS                                                                                                       CHAIRPERSON

(CH.V.P.N.Lakshmi)

(P.Vijaya Nirmala)

(U.Raj Kumar)

COPY TO

The District Judge & Chairman of DLSA, East Godavari District,

The Chairman, State Legal Services Authority, Hyderabad

The Principal Secretary, Ministry of Women Development and Child Welfare, Hyd.

The Hon’ble Justice Ramesh Ranganathan garu, Judge & convener

      Juvenile Justice Committee, High Court of Hyderabad & AP