If there is a girl (minor) rescued from a red light area. Police take the custody of the child and produce the child front of the CWC. This child should be treated as child in need of care and protection rather than juvenile in conflict with law. (Definition of child in need of care and protection)
And just in case, if police instead of taking the child (rescued) into custody as a juvenile in conflict with law rather then as a child in need of care and protection what would be the implications.
The child will go to the JJB, the parents might come or some pimp would become distance relative and seek for the custody, they would hire a good lawyer (as lots of money is involved in this trade) and could argue that the child was roaming on the street and wrongly picked by the police and where bail as a matter of right can file an application for the bail and custody of the child. In case, if JJB refuses to give the custody of the child to the parents can easily go the session court and get the bail and take the custody of the child.
Now, think about the situation where the same the child was taken into custody by the police and produced before the CWC. Here, the child has not been apprehended but taken into custody by the police for her rehabilitation, care and protection, the power has been given to the CWC to take the decision. So in this case, it is the duty of the CWC to conduct the Home study report or ask welfare officer to prepare Social Investigation report of the child. CWC can ask CWC from the other state to conduct the home study or to prepare the SIR of the child. Based on the report, if CWC finds that the parents are UNFIT and can decline the custody to the parents. Here the child was not apprehended so there is no matter of bail. Here the rehabilitation of the child is important so there is no need of criminal trial. Mental health aspect of the child is also a concern. So the CWC can also take into consideration by calling some professional counsellor to do so. If the family is not satisfied by the order can go the session court, and I am sure if represented well in the court we can make the judge understand that what are the important aspect of the case and why custody of the child should not be given to the family.
The services of lawyer can be used by the CWC when there is a case of criminal matter and case going in the trial court. So there is a need of child friendly lawyer who can actually help the child in taking 164 Cr. P. C. statement of the child or who can represent the child at the stage of cross-examination. A lawyer can also place or put across the view of CWC in the higher courts. Can help in filing the complaints on the behalf of the CWC under relevant sections of the law for the child.
Putting the lawyer’s representation in the CWC only jeopardises the whole situation by making CWC as a criminal court. We all want the system to be more child-friendly and not court like environment. And I think this principle applies in all the cases of children.
And just in case, if police instead of taking the child (rescued) into custody as a juvenile in conflict with law rather then as a child in need of care and protection what would be the implications.
The child will go to the JJB, the parents might come or some pimp would become distance relative and seek for the custody, they would hire a good lawyer (as lots of money is involved in this trade) and could argue that the child was roaming on the street and wrongly picked by the police and where bail as a matter of right can file an application for the bail and custody of the child. In case, if JJB refuses to give the custody of the child to the parents can easily go the session court and get the bail and take the custody of the child.
Now, think about the situation where the same the child was taken into custody by the police and produced before the CWC. Here, the child has not been apprehended but taken into custody by the police for her rehabilitation, care and protection, the power has been given to the CWC to take the decision. So in this case, it is the duty of the CWC to conduct the Home study report or ask welfare officer to prepare Social Investigation report of the child. CWC can ask CWC from the other state to conduct the home study or to prepare the SIR of the child. Based on the report, if CWC finds that the parents are UNFIT and can decline the custody to the parents. Here the child was not apprehended so there is no matter of bail. Here the rehabilitation of the child is important so there is no need of criminal trial. Mental health aspect of the child is also a concern. So the CWC can also take into consideration by calling some professional counsellor to do so. If the family is not satisfied by the order can go the session court, and I am sure if represented well in the court we can make the judge understand that what are the important aspect of the case and why custody of the child should not be given to the family.
The services of lawyer can be used by the CWC when there is a case of criminal matter and case going in the trial court. So there is a need of child friendly lawyer who can actually help the child in taking 164 Cr. P. C. statement of the child or who can represent the child at the stage of cross-examination. A lawyer can also place or put across the view of CWC in the higher courts. Can help in filing the complaints on the behalf of the CWC under relevant sections of the law for the child.
Putting the lawyer’s representation in the CWC only jeopardises the whole situation by making CWC as a criminal court. We all want the system to be more child-friendly and not court like environment. And I think this principle applies in all the cases of children.
Prepared by Vipin Bhatt
3 comments:
I’ve been reading many blogs related to this topic. But I feel your blog tops them all. Thanks
Law Offices of Felicia C. Curran
I am Felicia Curran, and I have never read your blog and no one at my office has read your blog. Please don't use your own name and own identity when commenting on this or other blogs. Thank youf
Dear Vipin
In response to your post, I share a story from JJB. Two minor girls were produced before JJB in relation to an allegation that they have committed a theft. Parents were present on the day of production before JJB with a lawyer. A bail application was filed. JJB came to know that parents are using their children for thefts. Bail was denied. Parents went to High Court against such rejection of bail. The order of JJB declining bail was detailed and a reasoned one. High Court did not give any relief to parents rather ordered State Government to put those two minor girls in an appropriate child care institution under a long term rehabilitation and care plan. To say, that parents or abusers of children will go to superior courts and get the children back is presuming that courts will not apply judicial mind, which is not the case. Children's right to have legal representation even in CWC is a Constitutional Right and there is case law on this. No one can this right away on the pretext of "Welfare".
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