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Rehabilitation of Child Victims of Sexual Offences

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Rehabilitation of Child Victims of Sexual Offences

  1. 1. Rehabilitation Working Group
  2. 2. 9 Key Issues 1. How do we define ‘Rehabilitation’? - how many times is the word ‘rehabilitation’ mentioned in POCSO law? 2. Stakeholders responsible for the rehabilitation of child victims of sexual offences. 3. Need to shift perspective from shelter based rehabilitation to community and family based rehabilitation. 4. Appointments of Support Persons.
  3. 3. 9 Key Issues 5.Role of Support Persons. 6. Is there a need to further articulate section 19(5) to help police understand children in need of care and protection. 7. Articulating the role of CWC in POCSO cases. 8. Common template for enquiry and assessment. 9. Manodhairya
  4. 4. 1. How do we define ‘Rehabilitation’?
  5. 5. • Version 1 For victims of CSA, rehabilitation is a process of empowering to build physical and psychological resilience and competence that facilitates social, cultural, economic and political reintegration and recovery, despite childhood experiences of trauma, abuse and violence. • Version 2 For victims of CSA, rehabilitation is a process of empowerment that results in physical and psychological resilience and competence that facilitates social, cultural, economic and political reintegration and recovery, despite childhood experiences of trauma, abuse and violence. • Version 3 For victims of CSA, rehabilitation is a process of empowerment that results in physical and psychological resilience and competence that facilitates social, cultural, economic and political recovery and reintegration into society.
  6. 6. How many times is the word rehabilitation mentioned in POCSO law?
  7. 7. • The Word ‘Rehabilitation’ appears 4 times in the POCSO law and Rules. • Rehabilitation is mentioned in terms of providing financial compensation for the child Victim.
  8. 8. REHABILITATION IN POCSO
  9. 9. • POCSO should be read in continuum with Juvenile Justice Act to understand Rehabilitation and Social Integration.(Chapter IV) – Foster Care – Sponsorship – After Care Organization – Linkages and Coordination
  10. 10. Issues to be Discussed in Further Meetings • Does ‘rehabilitation’ imply availability of services or the process of a victim turning into a survivor? • How do we define a ‘survivor’?
  11. 11. Stakeholders
  12. 12. Stakeholders • Police and SJPU • CWC • Support Person • DCPU • JJB (For rehab of child offenders) • Courts • Counsellors • Doctors • Child care institutions
  13. 13. Needs Identified • Training in child friendly processes • Develop uniform documentation and assessment protocols.
  14. 14. Need to shift perspective from Shelter Based Rehabilitation to Community & Family-based Rehabilitation.
  15. 15. Challenges in Shelter Based Rehabilitation: • Quality of care • Skills of the staff to handle cases of CSA • Are shelter homes well equipped to handle cases post conviction? • Adequate shelter homes
  16. 16. Role of The CWC: • Need of a dialogue with CWC • Assessment of the Child victim to give ‘under supervision’ order • Training of CWC
  17. 17. Community Resource Mapping: The Need to identify community based organizations for effective supervision & follow up.
  18. 18. In Cases of Incest: • Community based rehabilitation to be handled strategically • HAQ and CSJ are formulating a protocol that will be shared once completed.
  19. 19. Process of Community Based Rehabilitation: CWC to Draft an Under Supervision Order which commits an NGO or an individual from a voluntary organization who will support the child through the process of rehabilitation.
  20. 20. Template: Under Super Vision Order
  21. 21. Issues to be Discussed in Further Meetings • Role of Under supervision organization Vs. Role of Support person. • Case Studies: – Awaiting cases to complete one year of Intervention. – To understand the situation post-conviction.
  22. 22. Support Person
  23. 23. Appointment of a support person: • The term “ Support Person” is not used in the orders given by CWC. • The group has worked and come up with orders for the CWC to facilitate appointment of a support person.
  24. 24. Template: Appointment of Support Person Template: Police Order
  25. 25. Support person Vs Support organization Support Person • Qualified Volunteer. • Responsibility of one person Disadvantages: • Time lapse of cases, commitment required from individual. • Saturation for an individual. Support organization • More responsible • Organizations stay throughout. • Pool of resources • When a case involves Multiple children, like an orphanage or School Disadvantages • Organizations might send different people on each cases. • Qualifications of people employed by the organization • No scrutiny
  26. 26. Role of Support Person
  27. 27. f) “Support Person” means a person assigned by a Child Welfare Committee, in accordance with sub-rule (8) of Rule 4, to render assistance to the child through the process of Investigation and trial or any other assisting the child in the pre-trial or trial process in respect of an offence under the Act. POCSO Rules (2) Definitions
  28. 28. Pre trial and Trail Vs. Investigation and Trail: • How do we define Pre trail phase. • Is the support person appointed during the Pre trail phase? • Role of Support person in the pre trail phase has not been listed out in POCSO. POCSO and Maharashtra Guidelines do not mention that support person is responsible for rehabilitation.
  29. 29. Role of Support Persons: Majlis
  30. 30. Issues to be Discussed in Further Meetings • Need to create a format for consent of the child in appointing a support person • List of support person still not in place • Payment for the services of Support person.
  31. 31. The need to further articulate Section 19(5) to help police understand the child in need of care and protection
  32. 32. Section 19(5) of POCSO • (5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need if care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection (including admitting the child into shelter home or to the nearest hospital) within twenty-four hours of the report, as may be prescribed.
  33. 33. 4 categories of child in Need of care and protection mentioned in POCSO-Rule 4 (3): – Accused living in the same or shared household with the child. – Child living in an institution. – Child without parental support – Child found without any home or parental support.
  34. 34. Child in Need of care and Protection according to Juvenile Justice Act.
  35. 35. Articulating Role of CWC in POCSO Cases
  36. 36. Reporting of Cases: • Section 19(6) : Police reports to CWC • Mandatory Reporting : CWC Reports to Police
  37. 37. Recording the statement: – CWC has magisterial powers , but they cannot record an official statement – Additional pressure on child – Understanding the difference between intake recording and recording the statement – Value of statement recorded by CWC – Validity of the statement under special circumstances.
  38. 38. • Training Required for CWC • Tips to interact with Children for CWC present in the toolkit.
  39. 39. Issues To Be Discussed By The Group • Indicators for closure of cases by CWC • Training for CWC on POCSO • Need legal opinion on if the statement recorded by the CWC is a valid piece of evidence.
  40. 40. Inquiry and Assessment
  41. 41. Responsible Individuals: – Probation officer – District Child protection Unit – Case worker – Person in charge from a voluntary organization
  42. 42. Template: Order for Home Reports
  43. 43. Various Formats Used for Home Reports: – International Justice Mission – Prerana – Government Format followed by DCPU – Majlis
  44. 44. Is it necessary to do a separate assessment for Manodhairya scheme? Issues To be Discussed by the Group
  45. 45. Risk Assessment Tool Kit • Risk Assessment Indicators Need to be Given to Support Person/Organization working on rehabilitation.
  46. 46. Manodhairya
  47. 47. Manodhairya • No uniformity in the practice. • Need of assessment – According to 357A -5 District Legal services Authority will conduct an enquiry and award compensation within two months • Who is responsible for the accountability of funds disbursed?
  48. 48. Issues to Be Discussed By the Group • Flow charts and Checklists for Police and CWC • Need to look at Factors that – Demotivate Families from giving up at trail phase – Result in Victimization of Victim
  49. 49. Group Members • Priti Patkar, Prerana • Pooja Kandula,Aarambh Initiative • Christine Charles, Majlis • Suvarchala G, Jeevan Aadhaar • Chandni Parekh, Counselor • Manisha Tupule, CCWC Chairperson, Raigad District • Janavi Doshi, The Foundation • Sunitha Joseph, ACT • Shalini Newbigging ,IJM • Alpa Vora , UNICEF

Notes de l'éditeur

  • Statement Recording
    While the Juvenile Justice Act gives the CWC magisterial powers, they cannot record the official statement of the child victim of sexual offences. There is sometimes a misconception among the police (and sometimes CWCs) that they can.
    A statement recorded by the CWC can at best be produced as a supporting document. But it is additional pressure on the child to remember and recount the offences committed against her/him. Hence this must be avoided as far as possible.
    However, there needs to be a provision that under certain special circumstances, where statement recording by the CWC must be admitted. Like when a child may choose to disclose additional information regarding the case during an inquiry by the CWC.
  • This risk assessment tool kit is meat to ensure child does not experience re-victimization. (more so when child is in an institution or in the family)

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