Friday 25 March 2016

POCSO Case Booking/Registration with FIR

From:  [mail from:cwc.krnl@gmail.com]
Sent
Friday, March 22, 2016 12:31 PM
To:
helpap@gmail.com
Sir,
We have found an abuse case that related to POCSO in our district. How to register this case?

Thanking You,

Md. Isaq,
Former Chairperson,
CWC-Kurnool dist.
 
Respected sir,
Thanks for the query, please find below details..

POCSO Registration of F.I.R
1.      Police must attend to the complaint of Child- Sexual Abuse (CSA) or of even apprehension that offence likely to be committed.                                                         - Rule - 4 (2)
        Any person who fails to report commission of the offence or who fails to record such offence- shall be punished with imprisonment- up to six months or fine or both. - Section 21 (1)
2.       General Dairy(GD) Entry must in all cases                                    - Section 19 (2)
3.      After entry the report should be read over to the complainant/informant. - Section 19 (2)
4.      Report to be entered in the book /Register  -F.I.R                - Section 19 (2)
5.      Register F.I.R. as soon as possible under relevant sections of POCSO. - Rules 4 (2) (a)
6.       After receiving complaint/report/information regarding CSA, I.O. to disclose : - Rule 4 (1)
                     i.            Name and Designation. 
                   ii.            Address and Telephone Number. 
                  iii.            Name, Designation and Contact details                                  - Rule 4 (2) (a)
7.      Provide a copy of F.I.R free of cost to the person making such report - Rule 4 (2) (a)


Thanking you...

Wednesday 23 March 2016

Clarifications for responding to Information Commission under RTI Act, 2005 by CWC



Respected Sir,
This is to bring to your kind notice that, the Information Commission has issued notice to Project Director to disclose the information of two cases of Children in Need of Care and Protection dealt by CWC of Srikakulam with reference to appeal filed by a person under RTI Act, 2005. In this notice, chairperson CWC also included as one of the respondents amongst two and the other one is project director, DW&CDA of Srikakulam. In this respect, I hereby request you to please provide your support for possible proceedings in responding to the said notice by the commission.
Thanking you sir,
Chairperson,
CWC - Srikakulam

Clarifications for responding to Information Commission under RTI Act, 2005 by CWC
Respected Sir,
This is in reference with your request with regard to the response to the Information Commission on RTI notice issued for the information in two cases of CNCP in Srikakulam Dist. In fact, it is mentioned to present before commission for one of the respondents in the notice that, O/o the Chairman, Children Welfare Society in O/o Project Director, District Women Development & Child Welfare Agency. But, the following points to be observed herewith:
1.      There is no Children Welfare Society in the above address. But, it is Child Welfare Committee.
2.      There is no Chairman in the above address. But, there is Chairperson by designation that is also to the Child Welfare Committee but not for Children Welfare Society.
3.      The office address also mentioned like O/o the Project Director, District Women Development & Child Welfare Agency. In fact, it is Dist. Women & Child Development Agency.
Further, the following provisions of other relevant legislations also to be taken in to consideration while responding to the above said notice by the commission that is as follows:
In accordance with the Sec 8 (1) of RTI Act, 2005 for exemption from disclosure of information, it is provided that, Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
As per Sec 8 (1) (b) of RTI Act, 2005 it is prescribed that, Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

CWC is a court by all means under Sec 2(1) Legal Services Authorities Act, 1987 and also as per the definition of Sec 3 of Evidence Act, 1872 court means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force to exercise judicial or quasi judicial functions. Hence CWC is a court.
As per Sec 2 (23) of JJ (C&PC) Act, 2015 a “court” means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City Civil Courts;
As per Sec 30 (xi) of JJ (C & PC) Act, 2015 the committee is having authority in declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;

As per Sec 27 (9) of JJ (C&PC) Act, 2015 The Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class.

As per Sec 66 (1) of JJ (C & PC) Act, 2015 All the institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are reported, produced and declared legally free for adoption, by the Committee as per the provisions of section 38 of JJ (C&PC) Act, 2015.

 As per Sec 29 (2) of JJ (C & PC) Act, 2015 while defining the powers of the Committee, it is clearly prescribed that, Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force, but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection
As per Sec 8 (1) (c) it is prescribed that the Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 is The Act of Parliament received the assent of the President on the 31st December, 2015, and came in to existence on 1st January 2016.

In this respect, the information asked by the appellant with regard to the cases of children in need of care and protection are dealt under said Act enacted by the Parliament with the assent of the President of INDIA. The disclosure of the information hereunder may causes breach to the confidentiality of the matters of those particular children victimized in these cases.

Moreover, disclosure of such confidential information of the cases dealt under the legislation is a  violation of provisions under Sec 99 (1) of the JJ (C & PC) Act, 2015 which prescribed  that, all reports related to the child and considered by the Committee or the Board shall be treated as confidential: Provided that the Committee or the Board, as the case may be, may, if it so thinks fit, communicate the substance thereof to another Committee or Board or to the child or to the child’s parent or guardian, and may give such Committee or the Board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report.

As per Sec 1 (4) JJ Act, 2015 notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including —
(i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law;
(ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protection.

As per the general principle of right to privacy and confidentiality prescribed under Sec 3 (xi) of JJ (C & PC) Act, 2015 that, every child shall have a right to protection of his privacy and confidentiality by all means and throughout the judicial process.


Tuesday 22 March 2016

Structure of SJPU under JJ Act-2015

From:  [mail from:nainbasha1970@gmail.com]
Sent
Saturday, March 19, 2016 09:51 AM
To:
helpap@gmail.com
Dear Sir,
                 Please explain about the structure of Special Juvenile Police Unit?

Thanking you,
Yours sincerely.
                                                
Nainabasha,
Member-CWC

Gunture District. 

POCSO Case - Related Court

From:  [mail from: gadankigangaiah@gmail.com]
Sent
Saturday, March 19, 2016 11:39 AM
To:
helpap@gmail.com

Sir,
Which is the trial court for conducting trial of offences with POCSO Act-2012?

Thanking you,
G.Gangaiah,
Member
CWC-Chittore.

Answer.  
Section 86 of Juvenile Justice Act-2015:
Classification of offences and designated court depend upon term of punishment.

Sub Section: 1.
Where an offence under this Act is punishable with imprisonment for a term of more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court. (Addl Dist. Judge / 1st MSJ in city) vide G.O Rt.No. 630 Law (LA&J-Home-Courts-C) Dept, dt.23.3.2013). Children’s Court (Sec.2(l) means a Court established under the POCSO Act.

Sub Section: 2.
Where an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Magistrate of First Class.
Sub Section: 3.


Where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate.

Monday 21 March 2016

CWC's Child interstate transfer proceedings

From:  [mail from:balakrishnayalakala7@gmail.com]
Sent
Friday, March 18, 2016 6:31 AM
To:
helpap@gmail.com
 Balakrishna Yalakala [balakrishnayalakala7@gmail.com]

Dear Sir!
Greetings from Varadhi Social Service Society. Please send Child interstate transfer proceeding details.

Thanking you sir

Regards

Y.Balakrishna,
 Secretary Varadhi Social Service Society.
Mobile: - 9701678811

Section 59 of Juvenile Justice Act-2015

 Sub Section: 1.
 If an orphan or abandoned or surrendered child could not be placed with an Indian or non-resident Indian prospective adoptive parent despite the joint effort of the Specialized Adoption Agency and State Agency within sixty days from the date the child has been declared legally free for adoption, such child shall be free for inter-country adoption:
Provided that children with physical and mental disability, siblings and children above five years of age may be given preference over other children for such inter-country adoption,in accordance with the adoption regulations, as may be framed by the Authority.

Sub Section: 2.
 An eligible non-resident Indian or overseas citizen of India or persons of Indian origin shall be given priority in inter-country adoption of Indian children.

Sub Section: 3.
A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child from India, may apply for the same to an authorized foreign adoption agency, or Central Authority or a concerned Government department in their country of habitual residence, as the case may be, in the
manner as provided in the adoption regulations framed by the Authority.

Sub Section: 4.
The authorized foreign adoption agency, or Central Authority, or a concerned Government department, as the case may be, shall prepare the home study report of such prospective adoptive parents and upon finding them eligible, will sponsor their application to Authority for adoption of a child from India, in the manner as provided in the adoption regulations framed by the Authority.

Sub Section: 5.
On the receipt of the application of such prospective adoptive parents, the Authority shall examine and if it finds the applicants suitable, then, it will refer the application to one of the Specialized Adoption Agencies, where children legally free for adoption are available.


Sub Section: 6.
The Specialized Adoption Agency will match a child with such prospective adoptive parents and send the child study report and medical report of the child to such parents, who in turn may accept the child and return the child study and medical report duly signed by them to the said agency.

Sub Section: 7.
 On receipt of the acceptance of the child from the prospective adoptive parents,the Specialized Adoption Agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority.

Sub Section: 8.
On the receipt of a certified copy of the court order, the specialized adoption agency shall send immediately the same to Authority, State Agency and to the prospective adoptive parents, and obtain a passport for the child.

Sub Section: 9.
The Authority shall intimate about the adoption to the immigration authorities of India and the receiving country of the child.

Sub Section: 10.
The prospective adoptive parents shall receive the child in person from the specialized adoption agency as soon as the passport and visa are issued to the child.

Sub Section: 11.
The authorized foreign adoption agency, or Central Authority, or the concerned Government department, as the case may be, shall ensure the submission of progress reports about the child in the adoptive family and will be responsible for making alternative arrangement in the case of any disruption, in consultation with Authority and concerned Indian diplomatic mission, in the manner as provided in the adoption regulations framed by the Authority.

Sub Section: 12.
A foreigner or a person of Indian origin or an overseas citizen of India, who has habitual residence in India, if interested to adopt a child from India, may apply to Authority for the same along with a no objection certificate from the diplomatic mission of his country in India, for further necessary actions as provided in the adoption regulations framed by the Authority.


Thanking you.

Sunday 20 March 2016

Powers of CWC as per the New Act-2015

From:  [mail from:cwcatp@gmail.com ]
Sent
Friday, March 18, 2016 6:31 AM
To:
helpap@gmail.com
Namasthe,
Greetings from Ananthapuram,
We need a clarification from New Juvenile Justice Act-15. We are very happy if you send some detail about powers of CWC as per the New Act.

Thanking you sir,

Chaild Welfare Committee,
Ananthapuramu.
Andhra Pradesh. 
**************

Dear Friends of Children,

Greetings from HELP Organisation,
Please find the below detail as per the New Juvenile Justice Act-2015.

Section 29 of Juvenile Justice Act-2015.

Sub Section:1.

The Child Welfare Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection.

Sub Section: 2.

Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force, but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection.


Thanking you,

Saturday 19 March 2016

Functions of SJPU by CID

Dear Sir
Greetings for the day!!!
We herd that the CID department had issued some Go's /circulars regarding setup and functions of SJPU. So requesting you sir Please share the same to me .
Thanks and regards
 Yours faithfully,
 K.Krishnamachari,
Ananthapuramu

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Home – Constitution of Special Juvenile Police Units and designation Child Welfare Police Officers at all Police Stations in
Andhra Pradesh in accordance with Section 107 of the Juvenile Justice (Care and Protection of Children) Act 2015 – Notification
– Orders – Issued.
—————————————————————————————————————————————————————————
HOME (SERVICES.1) DEPARTMENT
G.O.MS.NO.12                                                                                                                                       Dated: 11.02.2016
Read the following:-
From the Director General of Police, Andhra Pradesh, Hyderabad, letter C.No.21/C-71/WPC/CID/2016, dated.04-02-2016.
&&&
ORDER:
1 In the references read above the Director General of Police, Andhra Pradesh, Hyderabad has furnished proposal for designate the SHOs as Child Welfare Police Officer in each Police Station and the Additional Superintendent of Police / Dy.Commissioner of Police or Additional Deputy Commissioner of Police in each District and City Commissioner ate respectively, as the head of Spl.Juvenile Police Unit (SJPU) in each Unit. Under Section 107 of Juvenile Justice (Care & Protection of Children) Act 2015, the Government is mandated to create Special Juvenile Police Units (SJPU) at the District Level and appoint Child Welfare Police Officer (CWPO) at the Police Station Level to perform duties under Juvenile Justice (Care & Protection of Children) Act, 2015 while dealing with juveniles, who are in conflict –with – law and juveniles, who are in need of care and protection.

2 Government, after careful examination, hereby issue orders to designating all the Additional Superintendents of Police/ Dy. Commissioner of Police or Additional Deputy Commissioners of Police Andhra Pradesh as heads of Special Juvenile Police Units (Special Juvenile Police Units) under the direct supervision of the respective Unit Officers in districts, Joint Commissioners / Deputy Commissioners of Police (Crimes) in Commission rates and the Station House Officers/Sub Inspectors of all the Police Stations including Railways in the State of Andhra Pradesh as Child Welfare Police Officers.

NOTIFICATION

3. In exercise of the powers conferred by Section 107 of the Juvenile Justice (CPC) Act 2015, the Governor of Andhra Pradesh hereby sets up Special Juvenile Police Units for the Districts and designates Child Welfare Police Officer for each of the Police Stations with jurisdiction in co- terminus with the jurisdiction of their districts/ Commission rates and Police Stations including Railways respectively as mentioned above.

4. The Director General of Police, Andhra Pradesh, Hyderabad shall take initiative for creating child friendly environment in all the Special Juvenile Police Units and in Police Stations by providing necessary infrastructural facilities. All the designated Child Welfare Police Officers shall be provided with necessary training and orientation to safeguard the Rights of Children as envisaged in Juvenile Justice (Care and Protection of Children) Act, 2015 in coordination with Department of Women Development, Child Welfare & Disabled Welfare and Department of Juvenile Welfare, Correctional Services & Welfare of street, Children, Andhra Pradesh, Hyderabad.
5. The Director General of Police, Andhra Pradesh, Hyderabad shall issue suitable instructions to all the Unit Officers of exhibiting the names and units of Special Juvenile Police Units and Child Welfare Police Officers in the unit headquarters and police stations at all conspicuous places and to implement the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 in letter and spirit.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr.MANMOHAN SINGH
PRINCIPAL SECRETARY TO GOVERNMENT (FAC)


To
The Director General of Police, Andhra Pradesh, Hyderabad
The Director, Juvenile Welfare, Correctional Services & Welfare of
Street Children, Andhra Pradesh, Hyderabad.
The Additional Director General of Police, Crime Investigation Department,
Andhra Pradesh, Hyderabad.
The Commissioner of Printing Stationary and Stores Purchase, Hyderabad
(2) Copies with a request to publish the same in Andhra Pradesh Gazette and
send 300 copies directly to the DGP, AP, Hyderabad.
The Registrar (General), High Court of Andhra Pradesh, Hyderabad.
Copy to:
The Principal Secretary to Government, WD,C&DW Department,
Andhra Pradesh, Hyderabad.
//FORWARDER : : BY ORDER//
SECTION OFFICER


Children home establishment as per JJ Act 2015

From:  [mail from: cwcnelloredistrict@gmail.com]
Sent Thursday, March 17, 2016, 11: 39 AM
To:
helpap@gmail.com
Sir please give some details about children homes as per new act-15

Thanking you sir,

Sincerely,

E.Jayaraju,
Member, CWC-Nellore.

Dear Jayaraju garu please find below details as per New Juvenile Justice Act-15.

Section 48. Juvenile Justice Act – 2015

Sub Section:1.

The State Government may establish and maintain either by itself or through voluntary or non-governmental organisations, special homes, which shall be registered as such, in the manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation of those children in conflict with law who are found to have committed an offence and who are placed there by an order of the Juvenile Justice Board
made under section 18.

Sub Section: 2.

The State Government may, by rules, provide for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of a child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn.

Sub Section: 3.

The rules made under sub-section (2) may also provide for the segregation and separation of children found to be in conflict with law on the basis of age, gender, the natureof offence committed by them and the child’s mental and physical status.

Thanking you,