Response to DLSA Guntur

---------- Forwarded message ----------
From: seedsorg <seedsorg@yahoo.com>
Date: Thu, May 14, 2015 at 8:33 PM
Subject: Re: Plc..to guntur cwc by DLSA
To: bhaskar v <v.bhaskar001@gmail.com>, helpap <helpap@gmail.com>, Rammohan <help@helpap.in>

Dear Mr. Ram Mohan and Mr. Pavan

Please find the attachment and comment.

 

D.ROSHAN KUMARDirector, SEEDS
P.O.Box # 249, Door No.4-16-25/3, Bandlamudi Complex

Near Andhra Bank (Srinagar Colony Branch), Amaravathi Road

Guntur-522002, Andhra Pradesh, India
Tele Fax # 91-863-2351631

Mobile # 98480 90642
Emails: seedsorg@yahoo.com

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To

The Secretary

District Legal Services Authority (DLSA)

Guntur                                                                                                             Date: 14-05-2015

Dear Madam

Sub: Response of D. Roshan Kumar – Submission – Regarding.

Ref: PLC No.806 / 15 of the DLSA, Guntur

“Greetings”

1.    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 bench of magistrates conferred with the powers of First Class Judicial Magistrates. Further, you know very well that, the committee has been equipped with the powers to ensure the children in need of Care and Protection with deserved services by the state 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.

2.    I bring to your kind notice that I am in a dilemma on as what should I represent as the PLC No.806 /15 of the DLSA, Guntur addressed me as Mr. Roshan Kumar, District Coordinator, Guntur District Child Protection Unit, Mahila Pranganam Compound, Besides Collector BungaIow, Guntur, A.P and for your kind information, I am not the District Coordinator of the Guntur District Child Protection Unit and it is Mr. Naga Koteswara Rao who is working as District Child Protection Officer (DCPO), Guntur. However, we have decided to respond with absolute respect on the system and judicial procedures and in particular with the respect on the DLSA, Guntur.

3.    Further, we wish to bring to your kind notice that the matter mentioned in the petition submitted by the Advocate for petitioners / applicants is in the Child Welfare Committee, Guntur which is a Bench of Magistrates and shall has the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the 1^st Class as per Sec.29 (5)  of the Juvenile Justice Act 2000  and the “The final authority to dispose of cases for the Care, Protection, Treatment, Development and Rehabilitation of children as well as to provide for their basic needs and Protection of Human Rights.” “Section – 31(1).”

4.    And it appears as if the petition has filed the case against a Government Officer which is not correct as I am not a Government Officer and further I as the Chairperson of the Child Welfare Committee (CWC), Guntur along with the members of the CWC dealt with the case as Bench of Magistrates under Sec. 29(5) of the Juvenile Justice (Care and Protection of Children) Act, 2000 amend 2006 keeping the core objective – “in the best interest of the child”.

5.    The CWC, Guntur has issued temporary orders in pending the receipt of the Social Investigation Report (SIR) from the District Probation Officer (DPO), Guntur and  on receipt of the SIR, the CWC, Guntur will issue the further orders once again after due examination of the SIR after interacting with the girl and other related. Please find enclosed the copy of the Proceeding Number: CWC. No.20 – GNTR/2015 dated 30-04-2015 of the CWC, Guntur and copy of S.S.C Public Examinations Hall Ticket as an authentic testimonial for the date of birth of Kalangi Anusha for your kind information and perusal.

6.    Further, we also bring to your kind notice that the petition is like a compliant on Individuals / duty bearers / Government Officers and not on the CWC which is a Bench of Magistrates and if it is on the Proceeding / Orders of the CWC, the JJ Act clearly mentions on the appeal.         

7.    And to our surprise, neither the Advocate who filed the petition on behalf of the petitioners nor other related has knowledge on the Juvenile Justice Act which is meant to protect the rights of the children and to take care of the children in need of care and protection and the children in conflict with law. If it is so, we express our regrets for the same and further we bring to your kind notice that we are yet to understand whether the petition is on me as an individual or on the CWC which is also a court for disposal of the cases of children below 18 years.  

8.    And we bring to your kind notice that the other allegations made by the advocate are immaterial in this case and are baseless with vested interest and to deviate the attention of learnt Magistrate those baseless and immaterial words are intruded into the petition if the petition filed on the CWC which is a Bench of Magistrates and court.  

9.    Meanwhile we assure you madam that the CWC, Guntur will absolutely act and exercise its powers and functions within the given jurisdiction of the JJ Act for proper implementation of Juvenile Justice System in the district.

Thanking you Madam

Yours in solidarity

Letter to SP for SJPU functioning

To,

The Superintendent of Police,

CHITTORE,

CHITTORE Dist.

Respected Sir,

Sub: Request for assigning the SJPU personnel in CWC proceedings – Reg., 

Ref: C.No.4461/64/CID/2012 Dt._.2.12 from DGP, Govt of AP, lHyderabad

This is to bring to your kind reference that, 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.

Being the law enforcement agency, the police personnel are extending their commendable services in protection of civil society and children are not beyond the clasps of crime incidences in terms of abuse, exploitation and trafficking as well as many other heinous violence against them like sexual abuse etc., in this context, the Child Welfare Committee being the competent authority in disposal of cases of children below 18 years shall essentially need the cooperation and coordination with police for its effective performance to provide proper rehabilitation and re-integration  services to children in need of care and protection.

As you know very well that, under Sec 63 of JJ Act, 2000 R/W 2006 it is clearly defined about the significance of Special juvenile police unit and as per 63 (2) it is prescribed that, in every police station at least one officer with aptitude and appropriate training and orientation may be designated as the 'juvenile or the child welfare officer' who will handle the juvenile or the child in co-ordination with the police and as per 63 (3) the Special juvenile police unit, of which all police officers designated as above, to handle juveniles or children will be members, may be created in every district and city to co-ordinate and to upgrade the police treatment of the juveniles and the children. The roles and responsibilities of the SJPU is clearly defined in Rule 84 of JJ Model Rules 2007.

We are hereby enclosing the order on Duties of police under Juvenile Justice (Care and Protection of Children) Act, 2000 and JJ Rules, 2007 issued by the Director General of Police, Andhra Pradesh during the month of Feb, 2012.

Hence, we request you to please enable us to acquire the services of SJPU for delivering the effective services to the children in need of care and protection services which substantiates the efficient implementation of Juvenile Justice System in our district.

The Chairperson,

CWC – CHITTORE

Letter to PD-WD&CW for appointment of DEO

  

To,

The Project Director,

Dist Women and Child Development Agency,

CHITTORE District

Respected Sir/Madam,

SUB: Request for allotment of Data Entry Operator for Child Welfare Committee – Reg.,

This is to bring to your reference that, 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.

 It is well known to your good offices that, under Rule No. 82(1) (b) of JJ Model Rules 2007 of Juvenile Justice (Care & Protection of Children) Act, 2000 amend 2006 the CWC shall be equipped with the human resource including a computer operator. It is hereby emphasized that, the CWC is dealing numerous cases of children in need of care and protection across the district on every sitting. It requires the services of a Data Entry Operator to enter the data, consolidate and to analyze the same on regular basis. It is very much essential to analyse the data not only for reporting to concerned line department and also to assess the level of services acquired by children in need of care and protection deal by CWC further to improve the accessibility of effective rehabilitation and re-integration services for such children in the district.

Hence, we are hereby request you to please look in to the subject matter and enable the Child Welfare Committee to serve its best for a constructive implementation of Juvenile Justice System in the district.

The Chairperson

Child Welfare Committee

CHITTORE Dist 

letter PD - WD&CW FOR DCPU

Dear Sir
Sri Rama krishna garu
Chairperson- CWC
Chitoor.

as per your request we herewith attaching the info for your ready rerference

thanks and regards
Team Members
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To,

The Project Director,

Dist Women and Child Development Agency,

CHITTORE District

Respected Sir/Madam,

SUB: Request to deputize DCPU personnel in CWC assignments – Reg.,

This is to bring to your reference that, 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.

As you know very well that, the cooperation and coordination between Child Welfare Committees and rest of the child protection mechanisms such as District Child Protection Unit, Special Juvenile Police Unit, District Probation Officers of Dept of Juvenile Welfare, Correctional Services and Welfare of Street Children, Govt of AP as well as other line departments is very indispensible for efficient performance of the committee in terms of providing effective rehabilitation and re-integration services for children in need of care and protection services.

under Sec 68 (1) of Juvenile Justice (Care & Protection of Children) Act, 2000 amend 2006 The State Government may make rules by notification in the Official Gazette, make rules to carry out the purposes of this Act. Also under Sec 45 of the said Act the state Government may make rules to ensure effective linkages between various governmental, non-governmental, corporate and other community agencies for facilitating the rehabilitation and social reintegration of the child.

In this context, the CWC is hereby request you to depute the DCPU personnel to engage in the day to day activities of the Child Welfare Committee to ensure effective coordination with concerned authorities, productive implementation of all child rights and protection activities at district level which is clearly prescribed under  Rule 81 (1) & (2) of JJ Model Rules 2007.

The Chairperson

Child Welfare Committee

CHITTORE Dist

Encl: Roles and responsibilities of DCPU as per JJ Model Rules, 2007.