Department Programme of 15th march 2013, started at 3:05pm, Seminar topic of the day was “Legislations related to children”.
Mr. kochu Krishna kurup, chairperson of the seminar gave an introduction of the topic, followed by the presentation and discussion of Ms.Jasmin R Pereira and Ms.Steffy Bosco of S2 MSW. Legislations like “Juvenile Justice (Care & Protection of Children) Amendment Act” 2006 and “Protection of children from sexual offence Act”, 2012 was mainly focused and explained.
During the first session “Juvenile Justice Act” and its categories like Juvenile in ‘conflict with the law’ and Child in need of ‘care and protection’ was presented by Ms. Steffy Bosco. The other related topics of discussions were
- constitutional provisions, articles, directive principles
- Difference between JJ Act 2000 and JJ Amendment Act 2006.
- Features of amended Juvenile justice act of 2006
- different crimes against children and protection
- CWC, procedures of Juvenile justice board and its framework
- Role of social workers in implementing juvenile justice act.
Second part of the presentation was done by Ms.Jasmin R Pereira on the topic “Protection of children from sexual offences Act, 2012”.The highlighted points were –
- Definitions of different types of child abuse crimes like sexual harassment, penetrative or non-penetrative sexual activities and pornography.
- Mandated rule of compulsory reporting of sexual offences against any child.
- Punishments against persons who try to defame via false information.
- Child friendly process of offence reporting while evidence recording, trial and investigations.
- Emergency treatment directions for a child and compensation amount that is to be paid if in case of a victim of sexual abuse
- Rules that pays attention to the child. that he/she is not re-victimized both at the time of investigation and trial protecting his/her identity.
- Providing children with assistance and expertise from professionals in the fields of psychology and social work.
- “No documentation or magisterial requisition would be demanded before the treatment” in case of emergency.
- The new law stipulates special courts for proper development of a child protecting his or her right to privacy and confidentiality.
The other legislations discussed were
- The right of Children to free and compulsory education Act, 2009
- Prohibition of child marriage Act,2006
- The Child Marriage Restraint Act,1929
- child custody law in India
- Guardians and wards Act, 1890.
- The Child Labour (Prohibition and Regulation) Act, 1986
- Immoral traffic prevention Act, 1986
- The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
At 3:25 pm the next session of clarifying our doubts began, Dr.Renjith R Pillai asked about the act that was amended the day before and Mr. Rajeev MM raised the question of how far is protection possible from sexual offences act, Is it relevant and effective today and they clarified stating a example that many children who were victims of sexual abuse were questioned in open adult courts earlier but sexual offences act ensures proper development of a child protecting his or her right to privacy and confidentiality safeguarding them from any kind of humiliation.
Ms.Anusree asked about the disadvantaged children mentioned in the “The Right of Children to Free and Compulsory Education Act of 2009”. The clarification given was that Disadvantaged were the group of children who live in vulnerable conditions due to lack of educational facilities and poverty etc.
Ms.Andria asked ‘what does it mean by SARDA act mentioned in child marriage act it was answered as the other name of the act. After clarifying doubts regarding the presentation the discussion part began.
During discussions Mr. Ranjith Kavumkara commented that there are lot of programmes in television where children are asked lot of questions as part of entertainment which he personally feels is not good, and raised a question asking the available provisions in juvenile justice act or other laws which helps to stop such programmes and they replied agreeing to his words that it is not good to telecast such kind of programmes where children are made objects of entertainment by taking advantage of their innocence. There are definitely laws, which protects the equality, liberty of children but said that they are unaware whether there is any provision against it in juvenile justice act.
Mr. Rajeev MM told that, lot of institutions are there for the welfare for the children, as we say prevention is better than cure, it’s better to avoid these mishap than to take care of the children after entering into trouble. Mr. Ranjith Kavumkara gave a valuable statement saying that in Articles right to equality should be redefined, children are not equal and cannot be equal to adults. The following were the feedback given – Dr.Renjith R Pillai critically analyzed the whole presentation and suggested to add more details in depth. Mr. Ranjith Kavumkara added that if a single topic or act was taken and presented it would have been more effective rather than touching all laws without details, as each act is very vast in legislations.
The seminar was concluded by Mr. Kochu Krishna Kurup.
Reported by : Andria John
Edited by: Jessica & Jasmin
Photos by: Bibin