District Child Welfare Committee a none starter
and engaged in rampant corruption
The Supreme Court on Tuesday (August 20) delivered its judgment in a suo motu case titled “In Re: Right to Privacy of Adolescents,” which was initiated over the controversial remarks made by the Calcutta High Court in a judgment delivered on October 18, 2023.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan set aside the High Court’s judgment and its controversial remarks such as adolescent girls should control their sexual urges. The High Court acquitted a young man aged 25 years who engaged in sexual activity with a minor girl.
Justice Oka, who pronounced the verdict, said that guidelines have been issued regarding how to write judgments(detailed report on this aspect can be read here). As regards the facts of the case, Justice Oka said that the conviction of the accused under Section 6 of the POCSO Act, Sections 376(3) and 376(2)(n) I.P.C have been restored.
Justice Oka also said that directions have been issued to the States to implement provisions of Section 19 (6) of POCSO Act along with Sections 30 to 43 of the Juvenile Justice Act.
19. Reporting of offences.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974)any person(including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,—
(a) the Special Juvenile Police Unit; or
(b) the local police.
(2) Every report given under sub-section (1) shall be—
(a) ascribed an entry number and recorded in writing;
(b) be read over to the informant;
(c) shall be entered in a book to be kept by the Police Unit.
(3) Where the report under sub-section (1) is given by a child, the same shall be recorded under sub-section (2) in a simple language so that the child understands contents being recorded.
(4) In case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, shall be provided to the child if he fails to understand the same.
(5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection including admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed.
(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court or where no Special Court has been designated, to the Court of Session, including need of the child for care and protection and steps taken in this regard.
(7) No person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section (1).
Bloggers’ Comment;
There are reason to believe that CWCs are not complying with the provision of section 19(6) of the POCSO act and the police stations are not reporting the crime to the CWC for the wrongful gain as police are the instigator of the registration of the false cases in the state and the same has been done to share the amount of the victim compesation scheme which is about Rs.7.00 lakh ( Seven Lakh Only )
In maximum acquittal, the victim stated in the court that the police instigated to register the crime and the record of the statement u/s 164 of CrPC.,1973. but noting has been done against the police who violated the fundamental rights of the accused.
Police stations are not reporing the POCSO crime to the SP so that diectionc an be issued to the IUCAW to condcut investigation.
The SPs/DCPs are not inspecting the police stations as per the provision of the section 37(a) of the Odisha Police Rules / manual.
The District Magistrates are not inspecting the police stations as per the provision of the section 21 of the Odisha Police Rules / manual.
All are engaged in the rampant corruption and collection of illegal money from all possible quarter violating the legal rights of the accused and victims.
The appointment in CWC are totally the political one as the member of the rulling parties are holding the post in CWC and are foudn to be totally incompetent, impotent and powerless.
In Jagatsinghpur District of Odisha one lady public prosecutor from Bhubaneswar judiciary is holding the chairperson post in the CWC and taking salary from both the department. a complaint filed towards the same was not yet redressed or closed illegally and arbitrarily.