One day consultation on POCSO by MACR

Impact TV

August 29

A one day state level consultation on Protection of Children from Sexual Offences (POCSO) and Juvenile Justice System was held in the conference hall of the Manipur Voluntary Health Association at Wangkhei Ningthem Pukhri Mapal. The consultation programme was organised by Manipur Alliance For Child Rights (MACR).

Convener of MACR K Pradipkumar spoke about the increasing cases of sexual violence on children and the need for police action to prevent these crime. He said victims of sexual violence can claim compensation from the government. Director, Human Rights Law Network (HRLN) Rakesh Meihoubam and Commandant of 1st Manipur Rifles Th Radhesyhyam also took part in the program.

Like · Comment

Consultation on POSCO Act & Juvenile Justice held

Source: Hueiyen News Service
Imphal, August 30 2014 : A day-long State level consultation programme on Prevention of Children from Sexual Offences (POSCO) Act & Juvenile Justice System was organized by Manipur Alliance for Child Rights (MACR) at the conference hall of Manipur Voluntary Health Association (MVHA), Wangkhei Ningthem Pukhri Mapal, Imphal East on Friday.

While speaking on the topic 'An Overview on Prevention of Children from Sexual Offences (POSCO) Act 2012' as one of the Resource Persons, K Pradipkumar, convener of MACR asserted that one could file a complaint at a nearest police station against sexual assault on children and action can be taken up against the concerned police personnel, if he fails to register the complaint or a wrong report is registered under Section 22 (1) .

He informed the gathering that various sexual cases like penetrative sexual assault, aggravated sexual assault and sexual harassment can be registered under POSCO Act.

Th Radheshyam, Commandant, 1st Manipur Rifles, who was also present at the occasion spoke on the topic 'Role of Police in Juvenile Justice System'.

An open discussion on the theme 'POSCO Act & Juvenile Justice System' was also held during the consultation programme.

One day consultation programme held

Source: The Sangai Express
Imphal, August 29 2014 : A one day discussion session organised by the Manipur Alliance for child rights was held today at Manipur Voluntary Health Association conference hall.

In his speech, resource person Th Radheshyam, Commandant, First MR said that the law enforcers are, from time to time through various training schemes, being taught about the child related acts and rules of the constitution like Juvenile Justice Act 2000, Juvenile Justice Rules 2009 and Prevention of children from Sexual Offence (POCSO) Act.

The knowledge of these acts and rules being inserted only lately in the constitution, he added, would much time then is anticipated.

To adopt Criminal Justice System, the MR commandant added, the State requires law enforcement, Judiciary and Panel institute (Prison/Jail).

Moreover, to provide justice to children, according to Juvenile Act, establishment of Juvenile Police Unit, Juvenile Board/Child relief committee and Observation home or Children Homes are required.

According to section 75 of Juvenile Justice (Care and Protection) rule 2009, uniform personnel arent allowed to pick up children charged with 'confilct with law'.

According to section 76 of the same rule, the child cannot be handcuffed, section 11(13) demands provision of basic amenities to the child by the.

The same is required to present the child before Juvenile Board within the span of 24 hours, Radheshyam added.

The law enforcers are further required to reform, protect and promote the spirits of the children thus caught.

These childrens (below 18 years of age) are not aware of the difference between what is right and what is wrong.

It the duty of the law enforcers, Radheshyam said, to decide what will be best for the child, whether to release him/her on bail or to place him/her under strict observation in observation home.

Speaking of the role of CWCS in Juvenile Justice system, Human Rihts Director Rakesh Meihoubam said that any orphan, whether abandoned or surrendered, are not permitted immediate adoption.

They are kept under observation for atleast two months until their biological parents are recovered.

MACR convenor K Pradip, presenting the key note address of the event, spoke on POCSO Act 2012 and its efficiency in Manipur.

The event was also attended by stakeholders from various parts of the State.

191 cases of crime against children reported

Source: The Sangai Express

Imphal, August 29 2014 : Even though Manipur witnessed 191 cases of crime against children in the last two years, only two accused involved in a rape case were convicted.

According to a report compiled by the Manipur Alliance for Child Rights (MACR) based on newspaper reports, Manipur witnessed 191 different cases of crimes against children between September 2012 and August 17 this year.

Of the 191 victims, 104 were girls while the remaining 87 were boys.

These crimes included 36 cases of sexual assault and 99 per cent of the victims of sexual assault cases were girls.

Child trafficking constituted 86 cases of crime against children.

Out of them, 67 children have been rescued while 11 children could not be traced till date.

Four children were freed after serving as child soldiers for some period.

In the meantime, it was suspected that two children were recruited as child soldiers.

Five children sustained injuries in different incidents of bomb explosion.

Kidnapping attempts were made on two children while five children were molested.

During the same period, 31 children have been subjected to physical assault.

191 cases of crime against children reported

Four children were killed while three others were murdered after being sexually assaulted.

One child died during communal clash.

Nine children reportedly committed suicide even as six newly born dead kids were abandoned at different places.

Talking with The Sangai Express, MACR convenor K Pradipkumar decried that rate of conviction in cases related to crime against children is dismally low whereas crimes against children have been rising at an alarming rate.

Counselling and rehabilitation of the victim children is far from satisfactory.

The State is unable to implement the Prevention of Children from Sexual Offence (POCSO) Act effectively, Pradipkumar said.

Against 36 cases of sexual assault, two individuals involved in a rape case were convicted and sentenced to 15 years imprisonment.

Commando driver Yumnam William s/o Y Deben of Khagempalli Panthak and actor Thongam Arun s/o Th Jayenta of Thangmeiband Sinam Leikai were sentenced to 15 years imprisonment after they were found guilty for gang raping a girl inside a restaurant.

Recording of statements of children who have been made victims of sexual assault either at police stations or other places by police personnel in uniform is not permissible according to the Juvenile Justice Act 2000, Juvenile Justice (Care and Protection) Rule 2007 and POCSO Act 2012 .

With regard to some cases where the victims were summoned to police stations for taking their statements, some police officers told The Sangai Express that there are juvenile police units in every district of Manipur as per the provisions of JJ Act.

But all these units do not have adequate infrastructure.

Police personnel assigned to juvenile police units are sent to other unrelated duties too.

"It is against the law to summon rape victims, particularly children, to police stations for taking their statements and we are aware of it but we don't have vehicles to go to the victim's home or other places where the victim would find it convenient," said one police officer.

As such, the guardians/parents are requested to bring the victims to police stations for taking their statements, he added.

To effectively tackle crimes against children, systematic changes are required apart from equipping all juvenile police units with adequate infrastructure, said the police officer.

Quoting provisions of POCSO Act, Pradipkumar said that police should complete collection of evidence within 30 days after a crime against children has been committed.

Trial of such cases must be completed within a year.

Hospitals should admit and treat victims without waiting for registration of FIR, he added.

AMSU wails teachers’ irregularity in Jiribam school

http://ifp.co.in/page/items/22435/amsu-wails-teachers-irregularity-in-jiribam-school

JIRIBAM, August 3: The AMSU unit of the Jiribam Higher Secondary School held a press meet at the office of AMSU District Committee, Jiribam today.

Addressing the media, president of the unit Kh Tiken Meitei complained that although the 2014 academic session is already midway, the teachers have covered only two-three chapters in all subjects.

He said there are 40 teachers in the school, but on most days, not more than 20 teachers attend the school.

It is hard to believe that the teachers would be able to cover the whole syllabus before the end of the session, he said before adding that it would only harm the students.

So, the AMSU unit of the school is appealing to the irregular teachers to be regular and try to complete the syllabus of their subjects in time before the exams, he said.

In case the teachers fail to do so, the teachers would be held accountable for any outcomes during the time of examination, he continued.

Meanwhile, general secretary Jealoungam Rongmei expressed before the media that the punctualities of teachers’ attendance in accordance to the school timing is also very low.

They come according to their own timings, he said before declaring that such teachers who couldn’t even understand the importance of punctuality have no rights to enter the school.

The student leader further continued that there are also many shortcomings in the school.

He elaborated that during the time of admission, students are charged magazine fees, games and sports fees, library fees among others, however, such facilities are not provided in the school.

In the absence of rehabilitation measures Comback routes almost sealed for child soldiers

http://www.thesangaiexpress.com/page/items/40730/in-the-absence-of-rehabilitation-measures-comback-routes-almost-sealed-for-child-soldiers

IMPHAL, Jul 11: Of the many unlawful activities com-mitted by juveniles in Chura- chandpur district, donning the role of child soldier is the most common. The issue has been compounded by the absence of any State funded rehabilitation and social re-integration programmes.

Members of the Manipur Alliance for Child Rights (MACR) and some media persons from Imphal visited Churachandpur district headquarters today to take stock of Government initiatives on rehabilitation of child soldiers, if there is any.

The team visited the district’s observation home and met the Superintendent and Chairperson of the Child Welfare Committee (CWC).

From 2007 till date, there were/are 287 children in the observation home funded by the Health Integrated Ministry of the Ministry of Women and Child.

Of the 287 children, 90 per cent were kept in the observation home after their stints as child soldiers, said Superintendent Nicky Thanga.

The children were kept in the observation home awaiting confirmation whether they are guilty or not after they are produced before the Juvenile Justice Board.

If any of them is found guilty, they should be transferred to a special home.

Most of the child soldiers who have come back joined different UG groups driven by their fascination for guns and a wrong notion that wielding a gun is more respectable in the society. As such, they were sent back from the home after giving proper counselling.

Many of these children joined UG groups because of family problems.

As of now, no Government measures could be seen in Churachandpur for rehabilitation and social re-integration of former child soldiers. Because of these lapses, there is a big drawback in all the efforts to bring back the former child soldiers to mainstream., said Nicky Thanga.

CWC Chairperson Daniel Gangte noted that former child soldiers are one of the many groups of children who need protection and guidance.

Altogether 17 UG groups affiliated to KNO operate in Churachandpur while two groups affiliated to UPF are also present in the district.

When the CWC reached out to these SoO signatory UG groups, many children were found serving as child soldiers, Nicky Thanga said. However, neither UPF nor KNO has officially accepted presence of child soldiers in their midst. The number of child soldiers arrested by security forces and referred to the CWC is only three so far.

Most of the child soldiers after counselling wish to return to the mainstream. But the Government has no arrangements for their rehabili- tation. If the children’s conditions who have left UG groups could not be improv-ed, there is strong possibility of the children taking up arms again. But the CWC has no capacity to rehabilitate such former child soldiers thereby landing tyhe the CWC in a fix.

However, children homes of Churachandpur district have been benefited from the Integrated Child Protection Scheme but the provision of sponsorship guaranteed by the scheme is yet to be implemented.

MACR convenor Pradip said that the issue of child soldier is not unique to Churachandpur district but common to all the districts of Manipur. Again, whatever provisions the Government made for cadres of SoO signatory UG groups are not inclusive of the child soldiers, he added.

POCSO Act vis-a-vis Police and Doctors

http://ifp.co.in/page/items/22120/pocso-act-vis-a-vis-police-and-doctors

By Keisam Pradipkumar

The POCSO Act, 2012 (Protection of Children from Sexual Offences Act, 2012), which came into effect from 14th November, 2012, may stand, perhaps the most significant gift ever given to the children of the country during UPA regime. Sadly enough, the Act remained still in oblivion and unreached to many child victims of sexual offences. Till now some key stake holders, particularly police, doctors, CWCs are unable to execute their specific roles and responsibilities proactively as envisaged in the Act, in so doing care and protection assured in the Act, as undeniable rights of the child victims are ultimately deprived.

Unmistakable duties of police during the first 24 hours

Most specifically, the paramount role and duties of police need to be appreciated and streamlined, since police shall record and register the sexual offences (Penetrative or non Penetrative ) committed against the children under Protection of Children from Sexual Offences (POCSO) Act 2012, any negligence or lapses on the part of police will crop up with serious implications. If the police fail to register a case under the Act timely, then the case will remain almost unreported and it will slowly but surely evaporate from public domain resulting in leaving the culprit scot-free while the survivor child is not provided with any kind of care and protection measures or justice. Could the police deny from record or register a complaint about sexual assault cases under the Act? is a relevant question .

Under the POCSO Act, the police as a bounded duty, need to record the complaint and assign an entry number to the information, read it over to the complainant/informant, enter the complaint in a book kept by the Police Unit {Section 19((2)}. So it is evident that Police cannot refuse to record or register of any such complaint. Because failure to record information relating to the commission of an offence or an apprehension that an offence is likely to be committed is punishable under the Act, with imprisonment which may extend upto 6 months or with fine or with both (Section 21).

As emergency duties of police which need to discharge within 24 hours of the report being registered i.e. registering an FIR, local police or Special Juvenile Police Unit (SJPU) shall, without unnecessary delay but within a period of 24 hours, report all the sexual assault cases to the concerned Child Welfare Committee and Special Court or where no Special Court has not been designated, to the Court of Sessions, including the need of the child for care and protection ad steps taken in this regards (Section 6).

It is the duty of the SJPU and Police to ensure that a victim child of sexual assault is taken to the nearest hospital (Government or Private which is the closer) or medical facility within 24 hours of the report being registered {Section 19 (5)}. The police should be aware the fact that the time frame for medical examination of a child is within 24 hours from the case is reported to the police. Therefore, the police should, either on one or another pretext, never try to delay in taking the child for a medical examination within 24 hours at any cost.

Should the child victim be produced before Child Welfare Committee (CWC) within 24 hours of report being registered is another matter which is frequently asked that confused both CWC and police. As per the Section 6 of the Act, it is clear that police has a mandatory duty to report all the sexual assault cases to CWC within 24 hours, but production of the child is not stated. However, under Section 5 of the Act, if the SJPU/Police is convinced that the child is without any parental support or living with the abuser or potential abuser, or is in an institution, or homeless, the child victim must be produced within 24 hour before CWC. The SJPU/Police has to record the reason in writing as to why the child needs to be shifted and make immediate arrangement for care and protection. This may include admitting the child to hospital or shelter home within 24 hours of the report.

Duties of Hospitals or Doctors during the first 24 hours

A major problem being faced by victim party in the government hospitals in Manipur in regards to medical care and medical examination of the child sexual assault victims is that doctors usually refuse to give medical care and to conduct medical examination saying FIR is required prior to medical care and medical examination. Hospitals and Doctors should know, it is now a crystal clear that Rule 5 (3) of the POCSO Rules categorically bars doctors or hospitals from demanding legal documents ( FIR etc.) before rendering medical care, and Section 27 of POCSO Act stated that medical examinations must be carried out even if an FIR or Complaint has not been registered. In short, under the Act, any doctor or hospital now cannot insist on legal formalities to the victim’s party such as FIR or formal complaint to police about the sexual offence prior to the medical examination or emergency medical care of child victim.

Who can carry out the medical examination of child victim of sexual offence? And whether only the government hospitals can render emergency care - are imperative to understand. The medical examination is to be conducted by a Registered Medical practitioner (RMP) of a government hospital. In case a registered medical practitioner is not available at a government hospital only then doctors of a private hospital can also carry out the medical examination. Unavailability of government doctors for conducting medical examination is frequently reported in the state, generally when the child victim is brought late at night. Here the option for private hospitals can also be considered. It is to be noted here that as per Section 357 C of Code of Criminal Procedure, the private hospitals have a duty to provide first aid or medical treatment to female rape victims or acid attacks in free of cost. Since delay in medical examination may lose various evidences, an early medical examination within 24 hours must be ensured and for that matter, medical examination facility in government hospitals must be available round the clock on 24x7 service model. As Manipur is engulfed with HIV/AIDS epidemic and chances of infecting HIV virus to the child victim from the offender is fairly high, emergency medical care including administering of Post Exposure Prophylaxis is quite essential.