LAW RESOURCE INDIA

ADVISORY FROM THE MINISTRY OF HOME AFFAIRS ON CRIME AGAINST CHILDREN

Posted in UNCATEGORIZED by NNLRJ INDIA on August 18, 2010
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F. NO.15011/48/2006-SC/ST-W

GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA  NORTH BLOCK NEW DELHI /CS DIVISION

Dated the 14th July, 2010

ADVISORY ON CRIME AGAINST CHILDREN

1. ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India. The Union Government, however, attaches the highest importance to the prevention of crime and, therefore, the Union Government has been advising the State Governments/ UT Administrations from time to time to give more focused attention to the administration of the criminal justice system with emphasis on prevention and control of crime.

2. The National Commission for Protection of Child Rights has been undertaking visits to various States and has observed that the level of sensitiveness and care with which crime against children should be handled is not up to the desired level. In its Fifth Report, titled ‘Public Order’, the Second Administrative Reforms Commission has also emphasized the need to combat crimes against vulnerable sections of the society, particularly women and children.

3. The Government of India is deeply concerned about crime against children and would, therefore, advise the State Governments and UT Administrations to take the following steps for effective prevention, detection, registration, investigation and prosecution of all crimes against children within their jurisdiction:-

I. Vigorously enforce all the existing legislations relating to crime against children i.e., Prohibition of Child Labour (Prohibition and Regulation) Act 1986, Juvenile Justice (Care and Protection of Children) Act 2000 (as amended in 2006), Child Marriage Prohibition Act, 2006, Immoral Traffic (Prevention) Act, 1956, Information Technology Act, 2000 (as amended in 2008) and relevant sections of IPC.

II. Sensitize the law enforcement machinery, i.e. the police as well as other functionaries of the criminal justice system, towards crime against children by way of well-structured training programmes. Such training programmes, including inputs on Juvenile Justice (JJ) and Human Rights (HR), may also be incorporated in the syllabi of various Police Training Academies at all levels including those for Constables, Sub-Inspectors and Deputy Superintendents of Police. Assistance of Bureau of Police Research and Development (BPR&D) as well as National Institute of Public Cooperation and Child Development (NIPCCD) could be taken for this purpose.

III. Set up exclusive ‘Crime against Women/Children’ desks in each police station. There should be no delay, whatsoever, in registration of FIRs in all cases of crime against children. All out efforts should be made to apprehend all the accused named in the FIR immediately so as to generate confidence in the victims and their family members. The administration and police should play a more proactive role in detection and investigation of crime against children and also ensuring that there is no under reporting.

IV. Cases of crime against children should be thoroughly investigated and charge sheets against the accused persons should be filed within three months from the date of occurrence without compromising on the quality of investigation. Proper supervision of such cases should be ensured from recording of FIR to the disposal of the case. Speedy investigation should be conducted in heinous crimes like rape, murder etc. The medical examination of rape victims should be conducted without delay.

V. Steps may be taken not only to tackle such crimes but also to deal sensitively with the trauma ensuing the crime. Counselling to the victim as well as to the family may be provided by empanelling professional counsellors.

VI. Ensure all steps for improving the safety conditions in schools/ institutions, public transport used by students, children’s parks/ play grounds, residential localities/ roads etc. Crime prone areas should be identified and a mechanism be put in place to monitor infractions in such areas for ensuring the safety and security of students, especially girls. For this purpose the following steps should be taken:

a. Increase the number of beat constables;

b. Increase the number of police help booths/ kiosks, especially in remote and lonely stretches;

c. Increase police patrolling, especially during nights;

d. Posting police officers, especially women, fully equipped with policing infrastructure in crime-prone areas in adequate number.

VII. For improving general awareness about legislations relating to crime against children and mechanisms in place for safety and protection of the children, the following steps may be considered :

a. Creating awareness through print and electronic media;

b. Involving the community at large in creating and spreading such awareness.

c. Exploring the possibility of associating NGOs working in the area of combating crime against children and other vulnerable sections of the society.

d. Developing a community monitoring system to check cases of violence, abuse and exploitation against children and take necessary steps to curb the same;

VIII. The local police must be advised to collaborate with the ‘Childline-1098 Service’ (which is an emergency service being operated by the Childline India Foundation (CIF) all over the country catering to the needs of children in emergency situations) and NGOs for mutual help and assistance wherever and whenever required.

IX. The juvenile offenders should be dealt with only in accordance with law through proper implementation of the Rules under the Juvenile Justice (Care and Protection of Children) Act 2000 (as amended in 2006), as these contain the procedures and requirements in detail for dealing with children in conflict with law as well as children in need of care and protection.

X. All efforts must be made to stop child labour and exploitation of children in all its forms and manifestations. Law enforcement agencies must extend all necessary cooperation to the State Labour Department in the cases of violation of Prohibition of Child Labour (Prohibition and Regulation) Act 1986.

XI. To save the children from the abuse/ crime of child marriage the State Government must appoint Child Marriage Prohibition Officers as required under the Prohibition of Child Marriages Act, 2006. They should also set up State Commissions for Protection of Child Rights in accordance with the Commissions for Protection of Child Rights Act 2005 (CPCRAct).

The receipt of this letter may kindly be acknowledged.

Yours faithfully,

(Dr. Nirmaljeet Singh Kalsi)

Joint Secretary to the Government of India

Ministry of Home Affairs

North Block, New Delhi-110 001

Tele: 23092630

To,

The Chief Secretaries &

The Principal Secretary / Secretary (Home)

All State Governments and Union Territory Administrations.

Copy also for information and necessary action to:

i. The DGs / IGs (In-charge of Prisons) – All State Governments / UTs.

ii. Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi.

iii. Ministry of Women and Child Development, Shastri Bhawan, New Delhi.

iv. Ministry of Labour and Employment New Delhi

v. Ministry of HRD, New Delhi

vi. DG BPR&D, CGO Complex, New Delhi

vii. DG NCRB, RK Puram, New Delhi.

viii. Director, NCPCR

ADVISORY FROM THE MINISTRY OF HOME AFFAIRS ON CRIME AGAINST CHILDREN

Source : MHA WEBSITE

4 Responses

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  1. Joseph Gathia said, on May 10, 2011 at 06:01

    Dear Sir,
    The information given on the efforts to check growing crime against children is very useful for the public.Checking gender based violence ought to be priority in our country.The Goverment of India may prepare a White Paper on the actual implementation of the policies and legal provisions- a sort of action taken report on crime against children.No doubt several good steps by sensitive bureaucrates have been taken yet to get coopereation from the civil society such report would form the basis.
    Jospeh Gathia

  2. Rajeev Nayan Ghuwalewala said, on August 3, 2011 at 00:54

    E Mails have been one of the accepted and prefered mode of communications these days all over the world. If e mails are produced before Police as evidence in a dispute in which FIR has been lodged on charges u/s 120B, 420, 467, 468,471 and 476 , should the investigaion officer ignore the e.mails inspite of their being vitaly relative to the case or consider it a serious evidence. Is it his prorogative to consider or ignore it as an evidence ?

  3. NNLRJ INDIA said, on August 3, 2011 at 08:39

    E Mails are admissible evidence the Supreme Court has already ruled in a Judgement

  4. rajeevghuwalewala said, on September 22, 2011 at 19:39

    Can you please site the judgement.Is it necessary to get the e.mail authenticated by the service provider before taking cognigence by the Police.


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