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CHILDLINE 1098 Service » 1098 Events » NICP Workshop with GRP Police » Session 2 - Juvenile Justice (Care and Protection of Children) Act of 2000 by Ms. Anjali Gokarn

After the lunch break Mr. Kiran More presented a Song "Mere Sapno ko Janane ka Haq hai". This song created an conducive environment for the next session.

Ms. Anjali Gokarn started her session with the explaining that the law is for two categories of children. E.g. Children in Need of Care & Protection (CNCP) and Children in Conflict with Law (CICL)

She made a presentation on J. J. Act and discuss with the participants.

The glimpses of her presentation were as follows:

Role of Police in JJA 2000

  • Section 32: Production of child before the CWC
  • Section 33: Police officer to make inquiry
  • Section 49: Determination of age, especially in cases of adoption, residential care, child labour, rescued, sexual abuse cases
  • Section 50: Escorting the child outside the jurisdiction
  • Section 63: Special Juvenile Police Unit to be set up in every police station

Role of Police Not Mentioned in JJA or Rules (SJPU)

  • Tracing of home within jurisdiction
  • Link between police station and CWC
  • Implement search warrant issued by CWC
  • Being present before CWC whenever summoned (e.g. for verifying age, producing medical report, NOC, FIR, giving evidence, final report of case)

Role of Police CWC:

PROCEDURE TO BE FOLLOWED FOR VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION

  • Ask for copy of FIR and first custody report from the police.
  • Talk to the girls and verify what is written in the diary entry copy submitted by the police.
  • Keep the girls in safe custody at the children's home.
  • Order for probation officer's report to be submitted after 15 days.
  • Issue summons on concerned police officer for evidence.
  • If parent submits application for taking custody of their child, order PO to make home inquiries (if local, through a home visit, or, if outside jurisdiction, through PO/NGO of the concerned state).
  • Documents submitted by parents to be verified by concerned police.
  • After all reports are submitted, the CWC can decide whether the parent is a fit parent. Was the child sold or trafficked by her own parents? If so, it is not safe to send the child home. Instead, she can be sent to a children's home where she can get a proper education and vocational training until she reaches age 18.
  • How can you make out if the parent is a fit parent?
  • Find out if the parents have lodged a police complaint. If the child was missing from home for several months or years, what effort did they take to trace her? Who gave the information that the child is in the children's home? How is it that only now that they have come forward to take their child?

Role of Probation Officer Vis-�-vis Rescued Minors

  • Prepare face sheet with child's address
  • Check the progress in health, education, and vocational training
  • Keep track of who comes to meet her
  • Initial interview of the child (Keep copy of FIR in the file)
  • Medical report/age verification report
  • If child is local, home visit is a must. Call parents for interview. Accept whatever documents they submit and get the concerned police to verify.
  • If child is from a location outside of jurisdiction, get home inquiry report from the PO/NGO of the concerned state
  • Submit interim report to CWC
  • If parent has lodged a missing person's complaint, verify with police records. Write a final report for CWC so that the child can be returned to their parents.
  • If there are a lot of discrepancies in information and proof that the child is exploited by her own family, a report is to be made to admit the child for education and vocational training until she is 18 years old.
  • If the child is willing to give a statement before the CWC about the trafficker, it can be taken and sent to the concerned police station for action to be taken.

Problems in Implementation:

Problems of the victim

  • Victim is unable to identify all suspects (especially the trafficker)
  • Statements may differ from time to time
  • Under JJA, inquiry is to be completed within four months. For justice to be done, the victim is in residential care until the trial is complete
  • Not all victims are ready to testify in court
  • Investigations take a long time
  • Adjudication may vary from one court to another
  • No compensation is paid to the victim
Problems with the Police
  • Rescued victims are produced late or not produced before the CWC
  • Delay in procedures at the police station
  • The girl is not produced before the CWC on the proper dates due to bandobust duties, non-availability of WPC, non-availability of vehicle for transport
  • Delay in escort after CWC order
Problems in Age Verification
  • Minors are declared as majors
  • Proper procedures for ossification tests not used
  • Incomplete reports sometimes deliberately sent to the CWC
Societal problems
  • High risk families vulnerable to trafficking
  • Offenders are mostly known to the victim
  • Low reporting of such crimes due to ignorance of the law
  • Low acceptance of the victim in the community (stigmatized or indifferent) hence, they may get re-trafficked
  • Reintegration becomes difficult, but not impossible
Legal problems
  • Conviction rate low due to corruption/nexus
  • No proper addresses of trafficker
  • Investigations weak
  • The intent to commit a crime is difficult to prove
  • Commission of criminal act has to be proved with sufficient corroborated evidences
  • Justice system is autocratic, formal, expensive, slow, humiliating and unfair.

Problems in Rehabilitation and Reintegration

  • Government Children's homes do not give response for making home inquiries, therefore NGOs are contacted in order to make them, but there is a delay in the home inquiry
  • If home inquiry report is positive, the child will need to be escorted - which is also delayed
  • If home inquiry is negative, the NGO who is interested in rehabilitation needs to have a vacancy, and depending on whether they have one or not, the CWC will make the order. This also gets delayed
  • There is no response/feedback from the NGO once the child is escorted
  • The NGO and the respective gov't agency have their own problems as to who should take custody of the girls

What is to be done after the girl becomes 18 years of age?

  • The child must be given good vocational training/marketing skills, so that she can earn a living
  • She must be equipped with coping capacities, so that she is no longer vulnerable
  • Regular contact with the family/community is necessary for educating them of the harm in CSE
  • Regular follow-up for two years to see if the girl has settled down

NGO to take up prevention programs in high risk districts of the state (NFE/skill training/poverty alleviation program/village vigilance committees) She asked them what they will do if while patrolling they found an infant in a train?

One of the participants said if they could not find the parents, then they can give to someone for the adoption or they can give to any orphanage.

She shared that we have only 14 homes and only 5 of them are authorised to give for adoption. We have to place children as per the jurisdiction. The evidence collection is an important work of the police. They have to verify age of the child with the help of the hospitals. They have to trace parents of the child. If no one comes to claim for the child, then CWC can declare the child is fit for the adoption.

One of the lady constable said that they don't find much difficulty to find home for a child but to find a home for a woman is much difficult. If they find a home the magistrate ask woman whether she want to stay their or not. If she says no then the police have to search new home again.

Another lady constable shared that order given by Bhiwandi CWC was not accepted by the Dongri CWC. Many times CWC provides wrong addresses which are difficult to trace. Some times they take children to other states homes which have no vacancies. Then they have brought that child back or hand over to the local NGO.

Ms. Anjali responded as CWC /Probation officer takes address from the child. The child may not be able to provide correct address. She said that Probation Officer should find out vacancies in other state homes before transferring the child to other state.

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