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Although, The Protection of Children from Sexual Offenses Act, 2012, has been passed by the Lok Sabha , 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May, 2012., we still are facing a systematic failure because of the weak government mechanism. According to a recent article I encountered by Meenakshi Ganguly (South Asia Director Human Rights), Government local authority is still poorly trained to deal with child abuse cases, and from registration of a case to trial is not as smooth as its suppose to be according to the act, so as a law abiding citizen it’s our duty to understand the act well. So that we can fill the gaping holes of our system.
In the blog “cry within cone of silence” I have mentioned the facts that you need to know about the act, following are addition to those facts, God forbid, if in case your child is victim of sexual abuse or your witnessing such situation than the Act provides for the establishment of Special Courts for trial of offenses under the Act, unfortunately we still don’t have special courts for children till now, all these cases are dealt in the current courts available at disposal as per High court according to recent TOI Article. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offenses.
These include:
1) Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector
2)No child to be detained in the police station in the night for any reason.
3)Police officer to not be in uniform while recording the statement of the child
4)The statement of the child to be recorded as spoken by the child
5)Assistance of an interpreter or translator or an expert as per the need of the child
6)Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled
7)Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.
8)In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
9)Frequent breaks for the child during trial
10)Child not to be called repeatedly to testify
11)No aggressive questioning or character assassination of the child
12)In-camera trial of cases
The act also helps the evidence to be recorded within 30 days. To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child in shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child.
Important - (NCPCR - National commission for the Protection of Child Rights) and (SCPCR - State Commissions for the protection of child rights) are authoritative bodies to monitor the implementation of the act.
So in case if you are not getting the right help and feel that local police authority is not following the protocol as per the act, below is the information about the authoritative body for Maharashtra responsible for regulation of the act.
Maharashtra Commission for Protection of Child Rights (MCPCR)
3rd Floor, Govt, Transport service building, Sir Pochkanwali Road, Worli, Mumbai-400032
Phone no - 022-24920879
Fax no - 022-220148800
mscpcr@gmail.com
Following people are chairperson and secretary for (MCPCR) with contact information
Mr. Sumit Mullick - Principal Secretary to Govt. Of India & Secretary to MCPCR
Ms. Leena Mehendale - Member Secretary (Phone no - 09869039054)
The following are members of (MCPCR)
Smt. Bina Seth Laskshri – 09821058655 - mumbai@doorstepschool.org
Dr. Ashmita Patil - 09860749000
Mrs. Rekha Barhate - 09422101147
Mr. Suryakant Kulkarni - 09822008300 - suryakantkulkarni@gmail.com
Dr. Sheel Sunil Kadam - 09422189273
Smt. Farida Lambe – 09820133553 - faridalambay@rediffmail.com
Please get back to me if the numbers above are not working or have been changed, because these details were uploaded on notification last dated 24th July 2007. So it will help me arrange for the right numbers. Remember folks no battle is won with a single soldier, you will always require an army. So help me get more information and spread awareness.
Please watch this video by Meenakshi Ganguly, I am trying to find her contact information, in my next update I will get some more information about the NGO and her.
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