Monday, May 12, 2014

Re: [CROMA] RE: [residentsggv] Re: [Xing] Heinous crime done in Maple Bear play school

 

School and police both have failed the provisions of the POCSO Act, 2012 (Protection of Children from Sexual Offences), It was  mandatory legal duty of the school to report the matter to the authority (Principal could face 6 months imprisonment now)

 to make us all informed of our legal rights, following are few provisions of the act -

The Act defines a child as any person below eighteen years of age, and regards the best interests and well being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be "aggravated" under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-a-vis the child, like a family member, police officer, teacher, or doctor. People who traffick children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

In keeping with the best international child protection standards, the Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months' imprisonment and/ or a fine. Thus, a teacher who is aware that one of her students has been sexually abused by a colleague is legally obliged to bring the matter to the attention of the authorities. The Act, on the other hand, also prescribes punishment for a person, if he provides false information with the intention to defame any person, including the child.

The Act also casts the police in the role of child protectors during the investigative process. Thus, the police personnel receiving a report of sexual abuse of a child are given the responsibility of making urgent arrangements for the care and protection of the child, such as obtaining emergency medical treatment for the child and placing the child in a shelter home, should the need arise. The police are also required to bring the matter to the attention of the Child Welfare Committee (CWC) within 24 hours of receiving the report, so the CWC may then proceed where required to make further arrangements for the safety and security of the child.

The Act also makes provisions for the medical examination of the child designed to cause as little distress as possible. The examination is to be carried out in the presence of the parent or other person whom the child trusts, and in the case of a female child, by a female doctor.

The Act further makes provisions for avoiding the re-victimisation of the child at the hands of the judicial system. It provides for special courts that conduct the trial in-camera and without revealing the identity of the child, in a manner that is as child-friendly as possible. Hence, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence; further, the child is not to be called repeatedly to testify in court and may testify through video-link rather than in the intimidating environs of a courtroom. Above all, the Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.

Another important provision in the Act is that it provides for the Special Court to determine the amount of compensation to be paid to a child who has been sexually abused, so that this money can then be used for the child's medical treatment and rehabilitation

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On Sun, May 11, 2014 at 7:36 PM, Manmohan Jha manmohan.jha@gmail.com [CrossingsRepublikOwnersAndMembersAssociation-CROMA] <CrossingsRepublikOwnersAndMembersAssociation-CROMA@yahoogroups.co.in> wrote:
 

I feel looking at the sensitivity of issue instead of jumping into issue ideally we should give some space to parent and let them decide how they want to go about it.

Father of the kid is in touch with Mr. Tanweer and Tanweer has assured him that all support will be provided to them, whatever they will ask.

Even we didn't asked and want to know the name of society else it will be difficult to hide their identity.

If we want to do something then we should make all the school install cctv and keep close vigil.
They should keep maximum possible female staff who are required to be with kids.

Also school should counsel their staff and explain this case with consequences that this is a serious punishable act and there will not be any scape after getting caught.

I am writing this mail only because in hurry we should not do something which will make thing difficult for affected family.

On 11 May 2014 19:16, "rahul jain" <rahulj2682@gmail.com> wrote:
At what time we have to assemble....

Sent from my Windows Phone

Dear All,

SHO is available. He has just called. Please come at Gaur main gate. We will discuss our strategy and then proceed further

Regards,
Sandeep
GGV
9958612888

On 11-May-2014 5:57 PM, "Sanjay Kr Jha" <sanjaykrjha@gmail.com> wrote:
FYI on Behalf of Hemant Ji 

Vijay Nagar SHO is not available till 8 PM as he is out for checking, the timing fixed to discuss Maple issue will be communicated to all parents. Our stand is same  with school authorities to implement all points decided in our meeting.
Sent from my iPhone

On 11-May-2014, at 15:52, Sandeep Singh <contacttosandy@googlemail.com> wrote:

Dear All,

By now you might have got the news for a heinous crime done against 3 year old girl. Incident happened few days back and facts as per my understanding are as follows.

- Girl complained about medical problem then only it came in picture.
- School tried to hide the fact and till date no FIR is registered by school.
- Accused is in Dasna jail apparently on behalf of complaint filed by parents.
- Parents are getting pressurized.

We are going Vijay Nagar police station to ensure following

- Take current stock of situation.
- Ensure school lodge FIR so that case can proceed without highlighting parents publicly.
- Other justified actions

May i pledge you all to take out some time and accompany us to show our resentment in front of administration. After all this is about our kids only

We will start sharp 6 pm from township. Hope to all of you see there.

Regards,
Sandeep
GGV
9958612888

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