June 23, 2021

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All you need to know about drafting a petition for NCW (National Commission of Women) in case of violation of child rights at workplace or factory

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Image source: https://bit.ly/3eocjRF

This article is written by Shubhankar Sharma who is pursuing a Certificate Course in Introduction to Legal Drafting: Contracts, Petitions, Opinions & Articles from LawSikho.

Table of Contents

What is NCW?

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NCW is also known as National Commission for Women is the statutory body of the Government of India, generally concerned with giving directions to the government on policy matters which are affecting the day-to-day lives of women in the country. It was established on 31 January, 1992 under the provisions of the Indian Constitution, as defined in the 1990 National Commission for Women Act.

Need for NCW?

Since time immemorial till today we have been seeing and hearing cases around us which are related to cruelty against women in our country, from sati to dowry deaths, rape, murder, eve-teasing, molesting you name it. Women in our country have been going through trauma; they have been victims of brutal and inhumane crimes. There are so many cases which go unreported due to shame and harm to the reputation of the victims family though it’s very difficult to understand why victim blaming is so common in our country, there was a desperate need to have a commission for the protection and support against oppression of women in the country. A country where we celebrate the 9-day festival pleasing Goddess Durga but forget to respect our own wives, daughters, or mothers.

With growing cases of brutality against women, this National Commission for Women Act was much needed as it helped to protect and bring justice for the victims of abuse or any kind of ill treatment done towards them. The objective of the NCW is to protect the interests and provide a platform for women to raise their voices.

Constitution of the NCW

Section – 3 of National Commission for Women Act, 1990:

The central government has constituted a body to protect the rights and interests and to provide help to women who have been affected by violations against them, eventually setting up the national commission for women.

The Commission consists of:

A Chairperson shall be nominated by the Central Govt to protect the interests of women in the country.

The central government has the power of nominating five members which have ability, integrity and standing who are experts in the field of law order, human rights ,educations, social welfare and administration etc., one member must belong to SC , ST .

A Member-Secretary is also nominated who is an expert in the field of organizational structure and management.

A civil servant shall also be deployed with appropriate experience.

    • Current Chairperson of NCW is Smt. Rekha Sharma, NCW’s headquarters are situated in New Delhi.

File a complain

  • To file a complaint against cruelty towards women on the NCW website under the section of register online complaints the same complaint can be handwritten which could be hand delivered or couriered to the office of NCW.

Types of Complaint taken up by NCW

  • Bigamy/Polygamy;
  • Protection against cyber cruelty and violation of modesty of women on the internet( morphed images);
  • Female infanticide;
  • Prevention of sexual harassment at workplace;
  • Harassment or stalking a women;
  • Sati, Devdasi practices which are against the moral rights of women;
  • Women who have been victim of prostitution;
  • Sexual assault, rape and other violence against women;
  • Custody of children resulting from divorce.

Status of the complaint

A complaint number with login ID and password is generated as soon as we lodge the complaint on the website of the Commission the same could be telephonically or by going to the NCW yourself.

Redressal of complaints and actions taken for the same

  • Monitoring proper working of the police on the concerned case.
  • Proper statutory provision shall be followed and monitored.
  • Guiding or resolving the cases via mediation.
  • For serious crimes, an inquiry committee is set up to further help the victim.
  • HELPLINE NUMBER TO CONTACT OFFICIALS – 011-26944880, 26944883
  • The National Commission for protection of child rights came into fruition in March 2007, and it is under the CPCR Act, 2005 which came into fruition in 2005.
  • This particular commission was set up for the benefit of children against any ill doings towards children there have been laws, which were implemented, but this was much needed. The committee has been educating children regarding their rights, duties and help them with proper education especially poor children who haven’t been given proper care at a young age they tend to get violent and end up under bad influence which result in them being turned into criminals at a very young age also known as juveniles.

Functions of the Committee

  • Recommend to initiate proceedings in case of violation of child rights and take time-to-time action against such wrongdoing suo moto;
  • Help those children who are affected by pornography, prostitution, HIV/AIDS, terrorism etc. recommend them to proper institutions who take care of them and nurture them to become better individuals;
  • Look into the matters where children need special care especially those children who are born in jails, without families, juveniles, mentally ill etc;
  • Recommend changes in child policies and being up to date with respect to new laws which will help children’s future;
  • Promotion of research in the field of rights of destress children in need;
  • Promotion of awareness of child rights, child safety, setting up camps from time to time, health camps, medical assistance, seminars for common people who are oblivious to this situation;
  • Inspect places like jails, juvenile homes where children might be kept illegally, helping children in those care homes providing them food and other day-to-day toiletries which may not be available;
  • Annual reports shall be provided to the central or the state govt;
  • Situations wherein children themselves complaint against any wrongdoings looking into those situations personally without taking much time;
  • Help in promotion of giving aid to such unfortunate children who have to go through so much apathy and to provide data and knowledge to govt departments who are concerned with the protection of these children in need.

Landmark cases related to the rights of children

MC Mehta v. State of Tamil Nadu

[(1996) 6 SCC 756; AIR 1997 SC 699] The Child Labour case

The case talked about child labour in hazardous conditions in the city of kamraj, Tamil nadu where a lot of children were being forced to work in hazardous conditions in the factories petitioner pointed this out to the courts and this resulted in some thought and attention needs to be given to this situation.

Court’s Decision:

The Supreme Court directed that the employers of children below 14 years must comply with the provisions of the Child Labour (Prohibition and Regulation) Act providing for compensation, employment of their parents/guardians and their education.

The Court explored certain ways through which the problem of Child labour can be solved. The child labour can be solved by putting emphasis on compulsory education to all children till the age of 14. Poor people can’t afford to send their children to school and colleges due to lack of money, the problem is deeper and the root cause is poverty and unemployment. Therefore, unless a family is provided with a stable source of income the problem of child labour will not be solved. Since it is not possible for such parents to educate their children, the state owes a duty to come forward and discharge its obligation in this regard. 

The court pointed out that Article 45 mandates compulsory education for all children until they complete the age of 14 years; it is also required to be free. It would be the duty of the Inspectors to see that this call of the Constitution is carried out.

The court ordered to conduct a survey of child labours that could be given an alternative source of income to help in their education.

Those areas of employment should be identified which are hazardous on human health, especially children, and ranked. The most hazardous employment may rank first in priority, to be followed by comparatively less hazardous and so on.

Employment must be given to the parents of the child. Such an employment can be given in the same industry where the child is employed.

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Sanjay Suri and Another v. Delhi Administration and Another

Writ Petition (Criminal) No. 2546-47 Of 1983 (Under Article 32 Of The Constitution Of India)

This case talked about juveniles been kept in prison with adults which is very dangerous as it would further damage the mental state of the juvenile horrible things go behind the prison which we are unaware and can only imagine what those children must have gone through.

Courts Decision:

Judge Ranganath Misra noted in his decision a previous case in which the courts had found “a shocking state of affairs in so far as juvenile prisoners are concerned. The District Judge has interviewed some of the juvenile prisoners in regard to whom he learnt that they had been subjected to sexual assault by the adult prisoners. 

The juvenile prisoners who made statements before the District Judge have expressed apprehension that they might get into difficulties if their names are disclosed” Though an effort had been made in the earlier case to protect the juveniles in Tihar Jail, Judge Misra determined that it had not been effective and issued new orders in an attempt to protect them by maintaining strict segregation within the jail.

“We direct that due care shall be taken to ensure that the juvenile delinquents are not assigned work in the same area where regular prisoners are made to work. Care should be taken to ensure that there is no scope for their meeting and having contacts”.

The learned District Judge, Delhi, should visit Tihar Jail and after visiting the three parts of the jail, he should determine for himself whether the juvenile prisoners are being housed in that part of the jail which is said to have been reserved for them or whether they are to be found in the other two parts of the jail also which house adult prisoners.

The learned District Judge will also ascertain whether the conditions in which the juvenile prisoners are kept correspond to the details mentioned in paragraph 4 of the aforesaid additional affidavit. 

The learned District Judge will submit his report to this Court within one month from today. A copy of this order along with a copy of the additional affidavit and a copy of the article aforesaid shall be sent to the learned District Judge forthwith by the Registry

Gaurav Jain v. Union of India

[(1997) 8 SCC 114; AIR 1997 SC 3021]

The Supreme Court talked about the dignity and self-respect of children who are born to prostitutes and how they have a life of their own and they should be treated with respect in the society a stigma which is still quite alive in our country. The court directed a transfer of some police officers regarding their biased decision against children’s of prostitutes.

Courts Decision:

The Supreme Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of social life without any pre-stigma attached on them. The Court directed for the constitution of a committee to formulate a scheme for the rehabilitation of such children and child prostitutes and for its implementation and submission of periodical report of its Registry

Vishal Jeet v. Union of India

Protection of children who have been victims of flesh trade and child prostitution and child trafficking which is very common in south Asian countries, setting up care homes and camps to provide them rehab facilities.

Courts Decision:

The Supreme Court (SC) held that this matter is one of great importance warranting a comprehensive and searching analysis and requiring a humanistic rather than a purely legalistic approach from different angles. The questions involved cause considerable anxiety to the Court in reaching a satisfactory solution in eradicating such sexual exploitation of children. The court stated that this malady is not only a social but also a socio-economic problem and, therefore, the measures to be taken in that regard should be more preventive rather than punitive.

Childline

CHILDLINE 1098 is a phone number which helps to connect with appropriate people if a child has been or is in a situation where he is in danger then these authorities can help them for rehab and relocate to a better place.

  • Drafting a Petition against violation of child rights at workplace.

Ebaalnidan is an online Complaint Management System for lodging complaints related to any violation of child rights under the Commissions for Protection of Child Rights (CPCR) Act, 2005.

http://www.ebaalnidan.nic.in/Welcome.aspx

eBaalNidan is an online portal for complaint against child violation.

Benefit of eBaalNidan?

It helps in filing complaint online against child violation.

Who can file complaint through eBaalNidan?

Any person whether individual or organisation can file complaint.

Filing fee?

No filing fee is applicable.

Registration of Compliant

A complaint id and password will be generated which can help to find the current status of the complaint.

Status of the Complaint

Status can be seen through the portal with log in id and password.

PETITION FILING IN CASE OF VIOLATION OF CHILD RIGHTS AT WORKPLACE OR FACTORY

FOR FILING A COMPLAINT/PETITION AGAINST ABUSE OR VIOLATION OF CHILD/ CHILDREN AT WORKPLACE OR FACTORY IT IS IMPORTANT TO UNDERSTAND THE PROCESS TO FILE IT:

http://www.ebaalnidan.nic.in/Citizen/UserRegistration.aspx is a website designed by the NCPCR for complaints and petitions.

    1. Register with respective E-mail ID and phone number which generates an E-baalnidan ID.
    2. E-Baalnidan ID helps in logging in the portal.
    3. After the registration we can start filling the form for complaint.

PART I

  • Name of the Complainant: ____________________
  • Age:________ Gender:__________ Relation of the Complainant with the victim:_______
  • Mobile:___________ Email: ____________ Country Code : ___ Area code:______
  • If the Complainant is an Indian national:_______
  • Address of the Complainant:____________ Address of the vicitim:_________________
  • State:___________
  • ID Proof ( Aadhar/ PAN/ DL/ Passport):_______________

PART II

  • POLICE DETAILS – PLEASE SPECIFY IF ANY POLICE COMPLAINT HAS BEEN REGISTERED- YES____ NO____
  • COURT DETAILS- PLEASE SPECIFY IF THE CASE IS PENDING IN ANY COURT – YES___ NO___
  • CASE/COMPLAINT ALREADY REGISTERED DETAILS PLEASE SPECIFY IF COMPLAINT IS ALREADY REGISTERED WITH ANY OTHER ORGANIZATION 

YES___ NO____

PART III

  • COMPLAINT HEAD- VIOLATION OF CHILD RIGHTS AT WORKPLACE
  • COMPLAINT SUB – HEAD(DETAILS)- ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  • INCIDENT DATE:________________
  • STATE/UT:______________
  • TEHSIL:_________________
  • INCIDENT PLACE:_____________________
  • ADDRESS WHERE THE INCIDENT TOOK PLACE:_______________________
  • POLICE STATION:________________

PART IV

DETAILS OF THE VICTIM(S)

  • COMPLAINT RELATED TO INDIVIDUAL:_____ / ORGANISATION:__________
  • NO OF VICTIMS:_________
  • ARE YOU THE VICTIM:_________
  • NAME:____________________
  • ADDRESS:___________________________
  • AGE:______ AGE PROOF:_________(AADHAAR/PAN ETC)

PART V

UPLOAD DOCUMENT IF REQUIRED RELATED TO THE COMPLAINTS MADE BEFORE OR ANY OTHER CASE FILES RELEVANT TO THE COMPLAINT.

The Complaint is then registered and a complaint number is generated . Officials then are required to contact the person who has filed the complaint or the victim if the victim himself is the complainant.

The authorities take immediate action and in this case if there is violation of child rights are workplace then the owner of the factory and its management will be held liable to employ underage children at workplace and making them work in harsh conditions which could be fatal in the long run.

Important laws against child labour in India:

  • The Factories Act of 1948: The Act prohibits the employment of children below the age of 14 years in any factory. The law also placed rules on who, when and how long can pre-adults aged 15–18 years be employed in any factory
  • The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the employment of children below the age of 14 years in hazardous occupations identified in a list by the law. 
  • The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment or in bondage. This act provides punishment to those who act in contravention to the previous acts by employing children to work.
  •  The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children.

Children belong to god and their place is at homes, schools, playgrounds not factories where adults work in harsh conditions . Children work in these places because their parents can’t afford education for them its either factories or working at other people’s homes as young maids, or begging at traffic signals, which is equally disturbing and dangerous because no one knows what goes inside those homes.

The parents don’t complain because children are a source of income and its easier for them to earn money. Worse case scenarios, in this case, means children have fallen prey to child sex traffickers and child sex abuser which results in mental, physical and sexual abuse of teenagers, adolescents. The root cause of the problem is less care homes for children in the country and unemployment which leads poor parents to send their kids to work at tapris, grocery stalls, Paan shops, factories which leads to children becoming violent and prone to diseases due to unsanitary conditions and less protection at factories. 

Children, owing to their developing mind are vulnerable to the environment they are in. It is of utmost importance that such environment is made suitable for their growth and development, regardless of whether such child is in conflict with law or not and be given adequate care and protection of the law. 

No nation can flourish if children of such nation suffer, therefore India with the help of various international, national and state mechanisms tries to secure the rights of the children as has been discussed above.

References


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